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• #3552
And then you would file to have the claim dismissed.
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• #3553
By using PayPal he's accepted to play by their rules, he hasn't got a leg to stand on.
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• #3554
He's not displayed a great degree of intelligence thus far. I'm not sure if it would be that clear to him.
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• #3555
I hope you're right though. I don't really want to have to go to Glasgow if I can help it.
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• #3556
Are you based in England?
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• #3557
Yep.
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• #3558
He'll have a tough time trying to get a court to listen to a case then - you're in a different jurisdiction...
And if he a court did accept the claim, you would apply to have it transferred to your local court.
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• #3559
Good to know. Thanks.
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• #3560
Don't take my word as canon - I'm not a lawyer or anything - but I wouldn't worry about court unless you receive court stamped documents.
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• #3561
Sure. I'd hope someone would at least take a little look at the case or contact me before it gets that far.
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• #3562
What loss would he be claiming for? Is he saying that if you win a paypal claim he'd sue you to claim it back? If so, that's utter bullshit and he would be wasting only his own money pursuing that avenue.
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• #3563
Don't fret about court.....
You paid for frame, frame turned up shit, you opened a dispute.
He sold shit frame and was paid for it in full.
Why would a court be involved? Nothing has been stolen, no one has lost out.
The dispute is just that....a dispute. When paypal make their decision, which will be in your favour, then it will be up to him to arrange a courier to collect the frame. If you then refuse to give it back, after having your money refunded, he may have something to get his likkle pink drawers in a bunch about. Until then, don't stress, he is obviously suffering from small person/appendage syndrome -
• #3564
^ FFS so much this.
PP clearly explain how long this will take.
Stop being such a drama-magnet.
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• #3565
But... Drama
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• #3566
I'm selling this frame on behalf of a friend, as stated in the advert. First to clear a few things up, Thomas has been rather duplicitous and economical with the truth.
An offer of a brand new Shimano BB was made. Rejected.
A partial refund was offered. Rejected.
A full refund was offered. Buyer pays return postage, which is pretty fair as my mate has shelled out postage on outward leg.
These have been met with nothing but derision and abuse. You haven't seen this side of the txt messaging. Threats: If asking if it's possible to pick up a frame from said address in person is a threat, then he probably eats his dinner off paper plates and has a line of shit paper all.the way to the front door.
The ad clearly stated 'restoration project'- if it had said 'like new' the buyer would have a leg to stand on.
His problem seems to be he didn't have the tool to remove the bracket (which had fuck all play in it and was in gwo when sent).
Granted there are cunt sellers on here and ebay, there are also cunt buyers who abuse PayPal returns.
The above Thomas is such an example of a CB.
This is my only response. So put your popcorn away.
Failing to return property, after a refund has been offered, under the 'moveable property' section of the act is a Criminal offence in Scottish law. It's not a civil matter. PayPal doesn't mean zip in a court of law. There's a reason why PayPal don't get involved in legal disputes - because their 'rules' are not legal definitions and courts simply ignore them and try the case on its legal merits, in the jurisdiction the case was filed.
If the buyer thinks a criminal record is worth the effort, it's clear that ultimately that's where this issue is heading.
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• #3567
Buyer pays return postage, which is pretty fair as my mate has shelled out postage on outward leg.
Considering this isn't a forum hosted in Scotland, Sale of Goods Act of England and Wales says arranging for the return is the seller's responsibility unless agreed to in advance.
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• #3568
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• #3569
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• #3570
Sale of goods act defines a free return in a 14 day period from purchase, not after two and a half months, when this cunt buyer finds he hasn't got the tool to remove a perfectly good bottom bracket. (The sale was in July).
Irrespective, I'm not here to defend either party. I'm simply stating the facts - this will end in a courtroom, for, let's be generous and say a naive buyer. I'm not sure it's worth being tried in a Scottish court for a criminal offence over, but I'm sure the buyer will be aware of the potential endgame in this matter.
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• #3571
Put your popcorn away. It's an 'absent target', he's not here to defend himself and I'm certainly not going to defend a one sided complaint from a cunt buyer.
Nothing to see here.
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• #3572
You sound charming by the way.
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• #3573
It's not my party mate. Move along now.
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• #3574
This is lfgss, I doubt we will all jog on.
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• #3575
Is there a separate company ,'mcPaypal'?
Whatever, they will still stop your funds, refund the buyer, and it's up to you to sort out the return of your frame.
If you have offered a full refund, and offered to collect the frame personally, then there isn't a problem, is there?
There's no conviction to be had here......
Nah, he would have clicked on here to have a read and paypal to read some more and noticed that legally his shit is about to get kicked in and he is only making it worse.