Ebay / small claims court, buyer failed to return item

ts_aly2000

£600!!

For that I'd drive up and down the country looking for them. I really would.

About all you can do legally is to go through the Small Claims, then a CCJ, and then bailiffs. That's assuming that they have anything of value.

Legally though, the goods still belong to you. So it's theft. I'd certainly try and get a crime number out of the Police, even if they're not interested. (you may need to speak to a few Coppers in different moods to get this).

redsclubbedup

wow - thanks for all the responses guys, yes hindsight is a great thing ! i was very trusting, but he seemed genuine at the time, and I felt guilty the item was damaged, and he needed it for that weekend.

email wise I have about 20, saying they will return the unit etc.... i have already sent them at least 3/4 saying final warning before it goes to court, but they still didnt return it

i have a suspicion they cant return it as he has sold it on !

however if i issued the small claim and he then returned the unit where would i stand then ???

fuzzgun19

As others have said.. you definitely should not have refunded before receiving the unit back, especially to the tune of £600... event or no event!!!

I'm no expert, but I would definitely get advice from the police, then issue a small claims against him/them.

https://www.moneyclaim.gov.uk/csmco2/index.jsp

scoobydoo2011

i bought a drakebox for my car 17th nov 2010 anyway i never got this fitted so i asked the seller if i could return this he said yes no probs so i returned it i gave him the tracking number and he replied saying he had recieved this and would issue a refund that was jan 14th 2011
he hasnt replied to emails since then
ebay cant do anything as time has lapsed same for paypal,
i have sent him a request money invoice via paypal for £89.80,and sent him emails both in english and italian.

anything else i can do?

i feel so stupid and hate someone getting one over on me

pinkshoes

scoobydoo2011 wrote: »

i bought a drakebox for my car 17th nov 2010 anyway i never got this fitted so i asked the seller if i could return this he said yes no probs so i returned it i gave him the tracking number and he replied saying he had recieved this and would issue a refund that was jan 14th 2011
he hasnt replied to emails since then
ebay cant do anything as time has lapsed same for paypal,
i have sent him a request money invoice via paypal for £89.80,and sent him emails both in english and italian.

anything else i can do?

i feel so stupid and hate someone getting one over on me

Was the seller based in England?

Does the tracking show online that it was delivered?

scoobydoo2011

pinkshoes wrote: »

Was the seller based in England?

Does the tracking show online that it was delivered?

no seller in italy,yes shows up online as well as confirmation on ebay

hippyadam

scoobydoo2011 wrote: »

no seller in italy,yes shows up online as well as confirmation on ebay

Scooby sounds like you have had it Virtually no chance of seeing your funds again if ebay/paypal wont help...

To sue in Italy for £89.80 would probably cost the best part or £2-£5K...

pinkshoes

scoobydoo2011 wrote: »

no seller in italy,yes shows up online as well as confirmation on ebay

As you have proof of delivery, then I would try sending him a letter stating that he has 14 days to pay the sum of £X, otherwise you will be taking him to court for the money. Make it clear that you have proof of delivery, therefore unless he pays now, he will also end up paying the court costs too.

Taking him to court with him being in Italy is something i know nothing about, so you'll perhaps have to look that one up!

martindow

hippyadam wrote: »

Scooby sounds like you have had it Virtually no chance of seeing your funds again if ebay/paypal wont help...

To sue in Italy for £89.80 would probably cost the best part or £2-£5K...

Not thousands as there are EC cross border claims

http://www.hmcourts-service.gov.uk/infoabout/claims/eu_cross_border_claim/index.htm

but you have to think twice before making any claim.

Quite often getting a judgement in your favour is only the start and does not guarantee you will be paid anything.