Expert: Marvinator - 12/19/2005

Question
Hi...I'm in the U.K.  I recently bought a bed on Ebay. Although I collected it, it was well packaged so I decided not to check it as the seller told me it was in perfect condition. When I got it home and opened it I found that it was not the one  pictured on the site. It was similar..but not the one. The seller stalled and stalled till my time to complain to Ebay had run out. My question is simply..Do I have the right to take this seller to court to reclaim my money? He will not refund my money or collect the bed.  

Answer
I know that some of hwat I have to say here may seem a bit brusk, but it's important to know the system.  

Ebay puts in place certain guides and reports and feedback and everything so that when an auction doesn't go exactly right, you have leverage, you have backing, you have recourse.  If you, then, choose NOT to use these safeguards, these reporting pages, this recourse, there is little else that can be done. At least not through Ebay.  Now you step into the legal arena...and that is of course your real question.  

The truth is, if you want to take the challenge of taking this seller to court, then you also have that right.  REgardless of when the sale occured or whether you bought this item through an ad in the newspaper or through ebay, you always have legal recourse.  

THAT said, may I also state for the record, that i am not a lawyer and would never presume to know the law in your area (especially the U.K.)  I would contact a lawyer who might specialize in this type of case and ask for their opinion.  I would also check into the possibility of doing it yourself.  (Here in the states we have "Small Claims Court" where a person can file the papers and take someone to court without a lawyer.  I am not sure if they have anything like that in the UK.)

Good luck with it all.