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legal action from ebay seller
sc0use24
Posts: 39 Forumite
i bought a dog lead from ebay 5M Flexi auto Retractable Extending Dog Leash Lead 50kg ( 120468360276) and the item never arrived so i contacted seller who in turn gave me a tracking number that didnt exist dv6618 5027 7gb so i asked for a refund which the seller wouldnt give and we exchanged a few emails were i thoguht i was being threatend not to leave baf feedback. so i waited the 15 days and went through paypal got my refund then left a neg due to very poor customer service. now the seller has started a unpaid item claim after i recieved a refund can they do this? and now i am being threatend with legal actio to? here is the conversation i have been having the seller. were do i go from here ?
do as you see fit but you will not see a penny for any costs at all your action is laughable yet
again. my feedback was true and accurrate and may i say this is nonsense trying to threatin me again.
i will not attend any court will pay no fees of any kind when i am a paying buyer and you are a non
performing seller!

disosbargains
06-Oct-09 at 17:57:23 BST

You have not been threatened, the law states before we can take legal action we must inform you. As
such as per the defamation act we now offer a 48 hour option to make a legal offer of amends otherwise
we shall take legal action. You will be required to attend court in Manchester and all legal costs
will be passed on by Morgans Solicitors and you can try and justify breaking the law. All legal costs
shall be passed on and failure to attend may result in further costs being passed on.

gulliver9196
06-Oct-09 at 16:56:46 BST

feedback was left accordingly due to poor customer service not the fact that the item never turned
up. threatend constantly with legal action. this situation is laughable item still never turned up
anyway. feedback was left accordingly as stated in one of my many messages sent to the seller.my
feedback is true and accurate.

disosbargains
06-Oct-09 at 00:20:53 BST

Please review the messages sent to both customer and eBay, customer was provided with tracking number
which isnt showing anything at the moment but has been sent. Customer was informed eBay policy that
feedback could not be left for courier errors, customer has ignored this and as such as per eBays
advice we have contacted Solicitors for breach of contract and we are passing these onto eBay for
them to use in their own case against the customer for violation of policy and terms.

gulliver9196
05-Oct-09 at 18:49:47 BST

this is a silly attempt to stop the feedback i left for this item

gulliver9196
05-Oct-09 at 18:48:38 BST

item never turned up paypal refunded so payment was made

eBay
05-Oct-09 at 18:16:46 BST

This case has been opened by the seller with the following reason: The buyer's payment has not cleared.
do as you see fit but you will not see a penny for any costs at all your action is laughable yetagain. my feedback was true and accurrate and may i say this is nonsense trying to threatin me again.
i will not attend any court will pay no fees of any kind when i am a paying buyer and you are a non
performing seller!


disosbargains

06-Oct-09 at 17:57:23 BST

You have not been threatened, the law states before we can take legal action we must inform you. Assuch as per the defamation act we now offer a 48 hour option to make a legal offer of amends otherwise
we shall take legal action. You will be required to attend court in Manchester and all legal costs
will be passed on by Morgans Solicitors and you can try and justify breaking the law. All legal costs
shall be passed on and failure to attend may result in further costs being passed on.


gulliver9196

06-Oct-09 at 16:56:46 BST

feedback was left accordingly due to poor customer service not the fact that the item never turnedup. threatend constantly with legal action. this situation is laughable item still never turned up
anyway. feedback was left accordingly as stated in one of my many messages sent to the seller.my
feedback is true and accurate.


disosbargains

06-Oct-09 at 00:20:53 BST

Please review the messages sent to both customer and eBay, customer was provided with tracking numberwhich isnt showing anything at the moment but has been sent. Customer was informed eBay policy that
feedback could not be left for courier errors, customer has ignored this and as such as per eBays
advice we have contacted Solicitors for breach of contract and we are passing these onto eBay for
them to use in their own case against the customer for violation of policy and terms.


gulliver9196

05-Oct-09 at 18:49:47 BST

this is a silly attempt to stop the feedback i left for this item

gulliver9196

05-Oct-09 at 18:48:38 BST

item never turned up paypal refunded so payment was made

eBay

05-Oct-09 at 18:16:46 BST

This case has been opened by the seller with the following reason: The buyer's payment has not cleared.
0
Comments
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Firstly appeal the unpaid dispute urgently, enter the transaction details of your paypal payment originally made in the dispute and make sure ebay know that paypal refunded you after dispute. The seller cannot issue you a strike since you paid, just make sure that ebay see your response.
Then ignore all the legal nonsense , it is laughable. Send all emails with headers to ebay and start a counter claim against seller for threatening behaviour and misuse of the unpaid dispute system.
I seem to recall another thread a few months ago about an ebay pet shop , that got silly as well I wonder if it is the same guy?I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.0 -
How ridiculous. Good advice from the poster above. Inform Paypal and ignore the twerp.0
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Apart from contesting the unpaid report through the dispute thing I would not enter any more messages with this person. If you give them oxygen then they will carry on but if you ignore them then they will give up. I had the same problem a few months ago and just ignored them. If there messages are abusive or threating then you can report them to Ebay or even the police.
As for legal action it may Ebay's fault the seller is threating this as I recieved some unfair feedback (sold something pickup only by appointment. Made it clear I could not wait in all day for a courier to collect. Some-one brought it then asked me to wait in 8am-5pm for a courier to collect! LEft me negative when advised not possible) and I e-mailed Ebay about this and explained the situation and they e-mailed back saying only the person leaving the feedback could withdraw it or I would have to see a lawyer and get a court order for Ebay to remove it! So I forgot about it and got on with my life. But if Ebay has told them this then maybe this is why you have this legal threat.0 -
As Soolin says. Also if your a seller as well add them to your blocked bidders list. Just put the transaction and original paypal details into paypal and they will chuck it out. Then ignore him0
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Looking at his previous feedback received it is not the first time he has threatened a buyer with "legal action". As previous ops have said just put your original payment details into paypal & that will be the end of the matter.0
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How awful for you! Over a dog lead aswell! I see by his feedback he makes a habit of threatening legal action. Dont worry about that side of it, respond to the NPB. Wont the courts only take on these matters if the amount is over £100 or something like that?Accept that some days you're the pigeon and some days you're the statue.0
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take no notice of his twaddle.
and next time read the sellers FB before you place any order!Get some gorm.0 -
I just hope anyone who asks for a refund does it through paypal claim due to this gem in his T&C
Postage costs are non refundable, if we have included postage in an item that the cost of postage will be removed from the final refund
In fact I would read their Terms and Conditions as they talk about charging [TEXT DELETED BY ABUSE TEAM FOLLOWING COMPLAINT] for items that are sent and returned to them [TEXT DELETED]. Why does anyone buy from them????
http://stores.shop.ebay.co.uk/Disos-Ltd/DisosBargainsTerms-and-Conditions.html0 -
Why does anyone buy from them????
Ask the OP!
It really just goes to show that we sit on here and worry about losing a star or getting a negative when possibly buyers don't give a fig what our ratings are like as long as our stuff is cheap.I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.0 -
how do i go about appealing the dispute? and how do i inform ebay? thanks. iv been with ebay along time now and never had this before its new to me so thanks to all that have helped hopefully this doesnt happen again.Firstly appeal the unpaid dispute urgently, enter the transaction details of your paypal payment originally made in the dispute and make sure ebay know that paypal refunded you after dispute. The seller cannot issue you a strike since you paid, just make sure that ebay see your response.
Then ignore all the legal nonsense , it is laughable. Send all emails with headers to ebay and start a counter claim against seller for threatening behaviour and misuse of the unpaid dispute system.
I seem to recall another thread a few months ago about an ebay pet shop , that got silly as well I wonder if it is the same guy?0
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