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  #23  
Old 12-08-2012
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I hear what you are saying but isn't there a way of challenging those terms? In the EU there's legislation about unfair contract terms. Wouldn't that be a possible way of challenging those terms?

probably, but the problem with that is you would need a few million quid and very big set of
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I went to an Office of Fair Trading talk a while back and know you can report unfair practices via their website.

Whether my report changes things is not really the issue, if I report their practices and others do the same, the OFT will act (they are duty to bound) if they persistently keep getting reports.

Just like Saville, the more reports they get the more likely something will come of it in the end.

In my case, they alleged that I had a high percentage of disputes (all genuine for misreprentation or refunds in line with my statutory rights). By limiting consumer rights they are obtaining an unfair advantage over other competitors and under EU competition law such practices are illegal.

Last edited by hudson; 12-08-2012 at 11:18 AM.
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How does limiting your account for apparently exercising your statutory right to return an item to a supplier give them an unfair advantage over their competitors?

EU Anti Competition law has nothing to do with Distance Selling Regulations, two totally different things.

I'm quite sure e/b and p/p have been reported many times to the OFT and TSO and are still operating as they have always done because they are compliant with the law as it stands.
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Because they are operating a policy that seeks to prevent consumers from exercises their rights. By seeking to limit consumer rights, the traders on ebay gain a competitive advantage over other trades in the market. This affects competition.

Interestingly, this is the same reason why OFT get involved in consumer issues, it is because it has an effect on competition law.

Just because they are still trading does not mean that they are compliant with the law. Most government agencies do not seek to close businesses but to change the way they operate. They do this by agreement and only take legal action in a small number of cases because the trader has refused to change their ways.

You will not know whether e/b or p/p (or any other business) have changed their practices due to the OFT (which I am sure has occurred). It is not something that is put into the media.

Last edited by hudson; 12-08-2012 at 04:12 PM.
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Pretty sure their policies regarding consumers rights are quite clearly stated and do not limit a buyers statutory rights in any way nor give additional protection or advantage to traders on their site.

I don't know of any e/b trader who would agree with that statement, in fact I would guess that most would state the opposite as e/b & p/p buyer protection policies in addition to a buyers statutory rights are very much weighted in their favour.

Still I'm sure the OFT advised you correctly
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Quote:
Originally Posted by hudson View Post
I went to an Office of Fair Trading talk a while back and know you can report unfair practices via their website.

Whether my report changes things is not really the issue, if I report their practices and others do the same, the OFT will act (they are duty to bound) if they persistently keep getting reports.

Just like Saville, the more reports they get the more likely something will come of it in the end.

In my case, they alleged that I had a high percentage of disputes (all genuine for misreprentation or refunds in line with my statutory rights). By limiting consumer rights they are obtaining an unfair advantage over other competitors and under EU competition law such practices are illegal.

Brrrrup
Can't be bothered to be long winded about this one.

Get a grip, wake up, smell coffee, create stealth (sooner the better) and move on

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of something or other .....
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