My new battery won't charge

I bought a new golf trolley battery through Ebay on 23 January. In March I tried to charge it for the first time but it wouldn’t work, so I tested the charger and it worked on another battery.

I emailed the supplier on 7 March and got no reply. I emailed Paypal, which said it couldn’t help since 45 days had lapsed. On 23 March Ebay said that it would provide me with the seller’s phone number, but it couldn’t pursue my claim. To date I haven’t received any information.
Len Whitehead

Mr Whitehead told us he had not tested the battery because it wasn’t needed at the time and his charger was in his caravan. While we understand why he did not test the battery, this case illustrates clearly the problem of not testing goods as soon after purchase as possible. We always suggest doing this within a couple of days at most if you cannot do it immediately.

If, as in this case, the goods are inherently faulty, it is usually easier to get immediate redress. After 30 days the consumer still has strong rights if dealing with a company, but the law changes what redress you can expect to get.

And if goods have been bought from a trader on Ebay, people need to realise that the online auction site’s Buyer Protection policy has limited reach, as Mr Whitehead discovered.

Another problem when buying on Ebay is to understand that a seller may not be a company or even a sole trader. If the seller is a private individual, consumer-protection law will not apply.

We checked out what we could about the seller. Although he seems to have sold a number of items of golf-related paraphernalia, it has not been a huge amount. This could mean the seller was just getting rid of unwanted items he owns. He is also not listed as a Powerseller.

This status is not absolute proof that the seller is a sole trader, but it is a good indicator. He has no links to a web store, which many sole trader and also companies have. Neither does he seem to have any current items for sale.

It seems to us that this seller is probably a private individual, which means that there is not much Mr Whitehead can do. As we said he cannot invoke the Sale of Goods Act for a refund, repair or replacement, because this law cannot be applied to private individuals.

We emailed the seller to ask him to contact Mr Whitehead and Ebay has said it will give Mr Whitehead the seller’s details so he can pursue the matter further. He could take the issue to the small claims court but again he may not win. Goods you buy from a private individual have to match the description but do not have to be free of faults.