Who enforces the 'sale of goods act'?

S

siaynoq

New Member
Aug 3, 2009
5
0
0
Hi peeps

Can anyone tell me who enforces the sale of goods act?
If a seller is refusing to to give me my rights under the act, who is there to force (can they be) them to do so?

In my circumstance I have been sold a faulty item (from a business seller on ebay) and wish for a refund or replacement. The seller is refusing to pay the return postage costs, cover the original postage costs (so I would be out of pocket) nor accept the item UNLESS it is in the original packing (which I have thrown away, as you do):mad:

I know I can complain to ebay and most probably will, but who enforces the act?

Whom do you notify of breaches of the act?

Thanks in advance
 
Tony

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
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Bolton
Trading Standards can assist and will be interested, but as this is civil law it is for you to enforce it i.e. you need to write a letter stating that your statutory rights have been breached and what rememdy you expect. If that doesn't work you then need to start a small claim.

If you paid with a Visa card rather than Paypal balance you can also do a chargeback, or use the Paypal dispute service.

Tony
 
S

siaynoq

New Member
Aug 3, 2009
5
0
0
Thanks for the info, didn't know about the visa chargeback system.

Have just been checking some T&C's of traders and so many of them have exclusions from paying back post\packaging and tell the buyer they must pay for return postage. Even found two that state 'we cannot be held responsible for defective items, you must take it up with the manufacturer'!!

I thought it was against the law to mislead\misinform a buyer of their rights, and yet ebay allow this to carry on. (surely the onus is on them to check their customers claim\legality).

But without an official body enforcing the act I suppose they can get away with it!

Thanks again for the info, great site!
 
W

Witch consumer

Moderator
Sep 8, 2008
1,593
3
0
Debtors retreat
E-bay have recently been taken to court by a number of 'big names' over the selling of counterfeit goods on the site, the ruling was that e-bay aren't responsible as they are not directly selling the goods. I suspect this would be similar.

Nobody is excluded from the SOGA if they are trading and selling new goods, and if the goods are faulty or misrepresented and returned they must put you in a position you were in if you had not bought the goods, i.e. they pay all your costs for both delivery and return of the item regardless of any T&C's on their listings.

If your chargeback fails,it may be that your only option is the small claims court, usually the threat is enough, they certainly won't want to appear in court and tell a judge about their T&C's!!!

My personal experience with Trading Standards is that they will advise and give you a case number to quote but very rarely take action themselves in individual consumer cases.

Paypal are generally as much use as a chocolate fireguard and you only have a limited time to register a grievance so check their T&C's too.
 
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