Ebay / small claims court, buyer failed to return item

redsclubbedup

HI there,

I need a bit of help with regards to an item I sold on Ebay.

The unit itself was received by the buyer, whom reported it as faulty, as such I instnatly refunded the money (as he was desperate to get one for that weekend as he had an event on) with him promising to return it - he never did (its 5 months on now)

He has ignored my numerous emails, and as the money was refunded Paypal say they can be of no further use, similary Ebay have said the only thing I can do now is report him to the police.

I have however been getting responses frmo his girlfriend, promising to get it sorted. This is where it gets difficult ! He won the item on ebay, but his girlfriend paid for it out of her acount, and received the refund to her account

I im correct therefore that I should issue the claim against both of them, as he has failed to return the unit despite having 4 months to do so, and she has been the one who received the refund to her bank account ?

I would appreciate any help in this matter, as its the best part 0f 600 pounds !

frivolous_fay

Hmm... I'd raise it against her, and CC it to him.
But then I know nothing about contract law HE is your customer really.

cyril82

If he bought it through her account issue the claim against her, if you have got emails acknowledging that they have had a refund but are yet to return the item you have all the evidence you need.

if it was his ebay account but her paypal account issue the claim against them both.

as long as you have it in writing from them acknowledging the fact that they have the goods but have not returned them despite being refunded on the condition they were returned they have no defence, and i would be claiming for the money back now not the item due to the fact they decided to keep it.

I would also consider reporting the incident to the police.

midgetjem84

I've had a similar problem on my eBay (the buyer getting a refund and not sending the item) however you do not mention how much the item is worth?

Small claims courts are quite expensive and time consuming. I'd contact the police first, informing the girlfriend that you are doing so and see what the police say. This might be enough for them to send the item back, and if they have no longer got the item then ask them for the money back.

Good luck with this

midgetjem84

Sorry just noticed that it has got an amount on - £600.

Definatly contact the police as when you purchase on eBay you enter into a contract, just like you would elsewhere so it can be deemed possibly as fraud.

I'm wondering if he does this kind of thing regulary (says its faulty and gets the seller to refund early)

What proof did he provide that it was faulty?

cyril82

The small claims court is not that expensive, it only costs £25 to issue a claim via www.moneyclaim.gov.uk and that is of course added to the claim.

The only time it would cost more really is if the defendant wanted to enter a defence and a trial was necessary but somehow i doubt they will want a trial.

pinkshoes

I would get the contact details (address) from ebay, and send them a recorded delivery "letter before action", stating that they have 7 days from receipt of the letter to either return the unit, or pay the sum of £600. If they fail to do so, you will have no other choice but to take them to the small claims court.

I believe it's only £30 for small claims procedure, which is all done online.

sequence

Why did you refund without receiving the goods back ? Your not required to by paypal so why? Doesn't make any sense? I wouldn't refund anything even 99p without receiving the item back.

pinkshoes

sequence wrote: »

Why did you refund without receiving the goods back ? Your not required to by paypal so why? Doesn't make any sense? I wouldn't refund anything even 99p without receiving the item back.

Hindsight is a marvellous thing... :rolleyes:

I'm quite sure the OP realises that NOW, but as unit was faulty, and the buyer needed one that weekend, the OP did the kind thing and assumed that the buyer was genuine. Some people like to give others the benefit of the doubt. I'm sure the OP hasn't done it since!

Smart_But_Casual

pinkshoes wrote: »

Hindsight is a marvellous thing... :rolleyes:

I wouldn't call it hindsight I'd call it common sense.

frivolous_fay

I'm guessing that after 5 months, OP has got to grips with where they went wrong, and doesn't need it repeatedly pointed out.