QQ about this, bought an item from Playtrade, wasnt as described so left feedback accordingly (neutral), got a rather abrasive email from the seller asking me to change it, replied telling him to bog off as there was more than that left.

Got a much ruder email back including such choice quotes as:

TBH sealed is sealed, if you can insert/remove from the box... it's not sealed.


After suggesting he point out to others it's not a UK game as it is misleading.

After receiving such wonderful correspondence as that I have decided to remove the neutral feedback, and replace with negative to reflect his professionalism. Unfortunately Playtrade does not allow this to be done.

So I had a look at the guys website (David Boff incase anyone was interested, got what appears to be a home address too) and his website being an e-commerce site breaches the Companies Act 2007 (all e-commerce sites must display a VAT number essentially)

So who would be the best authority to report it to?

First stop would be trading standards.

I just don't bother with online 2nd hand selling these days. In Germany, if you leave a neutral or negative comment on eBay, you usually get a solicitor's letter telling you to remove it or you will end up in court...

This kind of thing makes me angry and Big D in your case I would go to court, prove they were wrong and let them pay the expenses. There's no point in a website giving you the option to leave negative feedback to warn other people about the seller, if it then becomes a criminal act punishable by law FFS.

Finlay, my first stop would be Playtrade themselves, make copies of all the communication, any pictures you've taken of the item and the original advert without the information about the US game (and anything else it contained) and send it to their complaints or reporting department, explain that you're being harrassed by the seller for leaving honest feedback (and explain that you left neutral feedback to begin with because it wasn't a huge deal then) and that hosting this kind of abusive seller will hurt their business. Then contact trading standards with all of the same information and include the e-commerce site without the required information.

It might also be worth contacting whichever company hosts his e-commerce site because if he's trading illegally then it's possible that he's also breaching their terms of service. Don't put up with it, ignore it of back down though because it only increases the liklihood of him pulling it again.

Lastly, if the case is "unsealed" enough that he could slip a business card in, then it's unsealed enough that he could slip the disc out! At the very least that's the trades descriptions act breached, especially since he published the sale on the internet!

http://www.youtube.com/watch?v=ad1Umj6hxMw

Mark

Trading standards and citizens advice would be my starting point.

Well if he is operating from home try the council. He should be paying business rates. That will hit him hard. Especially with all the powers councils have now to snoop.

Secondly customs and excise re his VAT number.

Finally the Inland Revenue, chances are he is not declaring income.

Well the first stop is Consumer Direct - they're the "front-end" for Trading Standards in this day and age (I wouldn't bother phoning your County Council/Unitary Authority, TS will only speak to businesses over the phone).

Is he a business seller or a private individual? If it's the former then great, if the latter then not so great.

As it stands, I'd be looking at S.13(1) of the Sale of Goods Act (not as described), and Regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008 (Misleading omission).

If he's selling from his own website then make sure it complies with the requirements of the Distance Selling Regulations 2000 (there are requirements on what sort of information must be displayed etc), if it doesn't then tip Consumer Direct off about that too - then he'll get a nice letter from the appropriate TS department.

Thanks, looks like I'll be getting in touch with Consumer Direct about it, absolutely no mention of the DSR either on the website.

Well I got another reply after addressing his issues (I haven't been rude about it or tried not to)
(Bold were the bits I sent)

Hands up anyone who has ordered a disc and had it arrive loosely falling inside the box (I told him I had to inspect it as I heard something rattling inside the box, was his business card.


I didn't bad mouth the product, I bad mouthed the seller.... looks like I had good reason to as well.


(No kidding he has my address, I bought from him) (Maybe he isn't handling sensitive data like he should be...)
Wonderful that he has now said he isn't VAT registered, yet has a business for selling games online.

Interestingly the email he sent me this time is from a Mr Dale according to Facebook, not Mr Boff as he claims...

Sorry Fin, but you're in the wrong on that point.

You are only obliged to register your business for VAT once your turnover exceeds a certain threshold (currently £68k p.a. IIRC). Below that, you can legally trade without a VAT number.

Unless there's some law I'm unaware of about online selling?

The Companies Act 2007 states that all website that are applicable (especially e-commerce sites which that is) have to display one
http://www.out-law.com/page-7594

How can he be charging VAT on items then? Either everything he sells is VAT free and something is dodgy there as he is selling goods which are new without VAT which should have VAT on them or he is charging VAT without a VAT number.

He also doesn't provide a contact email or any information on the DSR on the website

The rules about registering only apply if your turnover is sufficient to warrant it. Sole traders do not necessarily have to register, and some register if they expect to go over the limit before they actually do. Distance selling regulations are separate.

According to that link you gave:



So by the wording there, if he doesn't have a VAT number, he doesn't need to display one.

Basically, he's not charging VAT on his sales, as he's not VAT registered.

The way it works is like this:

VAT REGISTERED:

You charge VAT on your sales, which you have to give to the tax man. However, you can offset the VAT you paid on purchases against that (ie VAT charged less VAT paid=VAT bill)

NOT REGISTERED:

You don't charge VAT, and you pay VAT on all your purchases (which you can't reclaim like you could if you were registered).

So he's all legal as far as VAT is concerned (unless he's turning over more than £68k, which is doubtful ).

The rest of it looks fairly shonky though, give him hell on those bits.

In that case he is an idiot for selling games and not being VAT registered, shop I used to work for was VAT registered as all they sold were games

If his turnover is under the VAT threshold then he'd be being an idiot for registering as he'd effectively be paying an extra 17.5% tax on all his profits...

Of course, this doesn't rule out the possibility that he's over the threshold and simply not declaring it. That would be the most devastating for him, as most other agencies are complete pussycats in comparison to the VAT men.

Are Limited companies under any more obligations?