advice needed

i would tell him that you will be contacting paypal about this as it was not in excellent condition as stated.

Oh ok, didnt realise that. will look into it, do you think it would be wise to send this message offering the 10% off of the refund as a way of resolving this amicably? thanks.

previous post was in answer to john riley, our posts must have crossed
Yes maybe that would be an idea, dont really know what to do now.

At this stage I don't see you need to offer a concession upfront. Of course, the seller might be reading this thread, in which case he'll detect the uncertainty.

First, why not wait for his reply and then see where that leads you? If there's no reply within a reasonable time, then you can move forwards unilaterally.

Not excellent condition as advertised...
as john says;

i would also take photo's of everything, because when you send it back for a refund
you have photo's of it's excellent condition, if needed....

Sorry, another question, if he does agree to a refund amicably, should he refund before I send the camera back or after he has received it? I have had different opinions on this and I am not sure what it correct. That's 'if' this is resolved amicably, as he hasn't answered my last message, saying that I feel, that considering the item was not as described, (although to be fair everything else seems fine on the camera, except a scratch on the lcd, but nothing major) and had a fault that wasn't mentioned, that a return and refund is in order. I sent the message only a very short while after he messaged me, so I would have thought he would have got it by now. He is usually a fairly active member on the forum , and usually answers messages fairly quickly, but I might be worrying needlessly. But I dont want to jump in and start saying about paypal disputes etc. too quickly.

refund before sending back!

Ok, that's what someone else said as well, I thought they had to receive items before refund just as well I checked.

Hi Jacqui

Firstly, any item you buy privately or commercially should be as described, anything else is a breach of contract/ misrepresentation which entitles you to a refund.

Also any item sold, certainly one described as in 'excellent condition' should be fit for purpose and the item you mention clearly does not meet either requirement.

Paypal should sort it if the buyer does not prior to you raising a dispute.

If you wish/need to use the small claims court (paypal should sort it to be honest) check out www.moneyclaim.gov.uk - you can issue proceedings on line.

If you need a little legal advice when completing the forms etc drop me a pm

Stuey (sometimes marginally more useful than I look)

Thanks Stuey, and to all of you for your very helpful advice, and Stuey for your kind offer. This has to be the most friendly and helpful forum Thankyou to you all.

Yes, I admit I was a little harsh. Apologies to David. I was just dumbfounded that anybody could give such totally wrong advice, and with such assurance.

Private sales are more risky in the sense that in can be difficult to find the offending party, and bring him to book, but not in the sense that the law fails to offer protection to a wronged party. If you make a contract, you are bound by it, whether you are a trader selling to consumers or an individual selling privately.

Providing the other party does not do a runner, the Small Claims Court will provide redress at little cost and for little effort. Contracts do not generally have to be in writing, but it's always helpful if they are, and it's vital that both parties are clear as to what is being agreed.

Of course, if the sums involved are very small, it's probably not worth the effort of invoking the law.

G

Well, still no reply from him, so I have sent another message, stating, basically what I have been advised and saying that the next step will be to open a paypal claim/dispute, but also saying that I would much rather resolve this amicably without taking it that far. Hopefully I will get a reply from him today.

Paypal usually takes the side of the buyer, so you should be OK. Also, if the seller is an active member of the forum he will probably wish to avoid negative publicity.

If you do open a dispute with Paypal, I should take up Stuey's offer of assistance. A disinterested third party will usually put a better case than the victim of the "crime".

G

Still no word back in reply to my previous two messages, even though one of them mentioned opening a paypal dispute/claim. Guess that's the next step then.