What would you do?

[Snagger]

I would guess that the condition of the part, other than the seizure, is good - clean and rust free, indicating that it was only fitted briefly. One of the parts of the Sales of Goods Act is that the part has to be "fit for purpose". Even if the part had been installed in February and failed yesterday, it wouldn't qualify as fit for purpose.

[GBMUD]

ISTR that under the SoG act, for the first six months the seller has to PROVE that the goods WERE NOT faulty at the time of sale. After that the onus shifts to the buyer. If he will no cooperate you will still need to go to court, but when you win, the seller will have to foot the bill for costs. The bad news for you is that he may decide he wants the case hearing in a court of his choosing - a long way from you. You are in the right here, he is in the wrong - legally, if not morally.

Chris

[Bowie69]

Whatever happens, it should have a reasonable warranty, be 'fit for purpose', even if fitted when purchased, 3K is not 'reasonable' or 'fit'.

Under sale of goods you have a good case, small claims is very easy, fill in forms online and sit back and wait.

Still, won't hurt trying Ebay and Paypal.

[reb78]

Soooooo. Whilst i still think i am in the right, this is turning out to be a bit fruitless.

I sent the seller this at the start of last week:

Dear Darren,
As you are a business seller on ebay, these parts are covered by the Consumer Rights Act 2015 (I believe this replaced the Sale of Goods Act). I realise you are not a Land Rover dealer, but as a business seller, there is an obligation to supply parts that are fit for purpose. Given that this failed after being driven for less than a mile, I do not believe this to be the case, therefore am requesting a refund (including the cost of postage) under that piece of legislation. The part was fitted by myself, whilst not a qualified mechanic, I have undertaken engine changes/rebuilds/servicing etc on my vehicles for many years, so am more than capable of fitting this part correctly. As mentioned earlier, I followed the workshop manual procedure - with particular care to using the correct torque settings and need for a new stake nut.

I believe that you have the right to request a refund from your supplier after you have refunded me - presumably Land Rover in this case since it was a genuine part. However, my contract is with you hence my message to you here.

Please could you let me know how we can proceed from here.

Many thanks

He has essentially ignored this. I have contacted ebay who said that because it is beyond 30 days they cannot help. They directed me to paypal - after some back and forth, they informed me that they don't cover warranty issues even though it is within the 180 days that they should cover. They said to try my credit card company - i have contacted them and they will raise a dispute and are sending out the forms.

So i don't hold out much hope (so some can say 'i told you so' if they wish). Lesson learnt and ebay and their associated sellers and subsequently paypal wont be getting my money for car parts in the future

[HoSS]

Your credit card company should sort that out. Essentially by paying by credit card, your item is covered by credit laws. Giving you the right to sue the CC company, normally it never comes to that because the CC will go after getting a refund for you.

[supaimpy]

The trouble is Paypal is in the middle of the transaction ,

http://www.moneysavingexpert.com/credit-cards/PayPal-Section75

[qwakers]

i have never had any issues getting my money back via a cc chargeback. my barclaycard has been excellent in exactly your situation more than once.

[reb78]

Cool. Fingers crossed nationwide are as helpful. I hope having PayPal in the middle doesn't scupper things. They didn't suggest it would.

[HoSS]

Shouldnt do. You are effectively still paying for the item on credit, and credit laws dont tolerate faulty goods on credit.