Reader gives up on refund from sole trader

When deciding to pursue a case some readers decide that the potential reward isn’t worth the hassle. That’s what Keith Seed concluded. As we explained in Issue 613, he wanted a refund from an ebay seller after the secateurs he bought for £7.50 started to fall apart.

The seller agreed to a refund, but only if Keith paid to return the secateurs. We advised him to avoid this by signing up to Paypal’s offer to cover up to £15 of return postage costs a year ( www.snipca. com/39050). He would have had to sign up, return the item, then fill in a form and add a postage receipt. Faced with this, he decided to drop the complaint.

Keith’s case is a reminder that while large retailers can ignore your rights, it’s much harder to get refunds from sole traders, even though – unlike private individuals – they are bound by consumer law. Some sole traders might claim they’re private individuals, and therefore not liable under law. To determine whether a seller is a trader, look for signs that they’re running a business. They’ll typically be selling multiple goods, new or second-hand, and have a long list of feedback from buyers.

They’re also likely to have terms and conditions, though these might not be legal. We’ve seen some sole traders claiming they don’t have to accept refunds for faulty goods. You should report these sellers to the site they’re selling on, and also to Trading Standards and HMRC, which do go after sole traders as well as major retailers.