Buyer wants me to take legal action

user051105

I have a buyer on ebay who purchased an item, and has now stated if I want my money take legal action against them.

Whats the best way to proceed with this and how can I word an email stating to them they entered an agreement. Legal Action would add alot of fee's to there amount outstanding.

Any help appreciated.

soolin

Frankly it isn't worth fighting for, regardless of what ebay claim they can't enforce the contract.

All you can do is make life difficult for your buyer, go through the NPB process and get a strike on his account, neg him and block him from bidding on your auctions again.

Soo

silkyuk9

Firstly you need to seek advice from either citizen advice or do what i did and speak to trading standards.

trading standards will guide you all the way to a small claims court. Firstly you need to send the person a registered letter to inform him of your actions, give the person 7 working days to respond, telling him if you do not settle you will take legal action in a small claims court. Next, after 7 working days if you havent been settled you have to write a fianl letter, again registered letter to tell the person that you will begin legal action in 7 working days if the matter isnt settled. Then after 7 working days you should begin your legal action. search the internet for small claims court. seek help from the trades standards, you will be guided no problems

Good luck

silkyuk9

soolin wrote:

Frankly it isn't worth fighting for, regardless of what ebay claim they can't enforce the contract.

All you can do is make life difficult for your buyer, go through the NPB process and get a strike on his account, neg him and block him from bidding on your auctions again.

Soo

What sre the chances of the buyer bidding again for any other items with this person.

I sold an item for £150 and had to go down the legal way, fortunatly for me after the second letter i wrote, with all the info from trades standards, i got my money back, you need to collect evidence photos etc

soolin

silkyuk9 wrote:

What sre the chances of the buyer bidding again for any other items with this person.

I sold an item for £150 and had to go down the legal way, fortunatly for me after the second letter i wrote, with all the info from trades standards, i got my money back, you need to collect evidence photos etc

What evidence is there though except for a bid placed which ebay admit themselves is not actually a legally binding contract?

Maybe if it is an item worth hundreds of pounds then give it a try, but for anything less, is it worth the court fees?

AS for whether the bidder is likely to bid again, if it was a malicious bid, then yes, there is everything chance he will try.

Soo

silkyuk9

user051105 wrote:

I have a buyer on ebay who purchased an item, and has now stated if I want my money take legal action against them.

Whats the best way to proceed with this and how can I word an email stating to them they entered an agreement. Legal Action would add alot of fee's to there amount outstanding.

Any help appreciated.

how much money are we talking about in this thread??

Lorian

And how did they end up with your goods but you didn't get payment? Bounced cheque, paypal chargeback?

soolin

Lorian wrote:

And how did they end up with your goods but you didn't get payment? Bounced cheque, paypal chargeback?

I am assuming for the purpose of my responses that it is just a non paying bidder. There is nothing to suggest in the original post that the goods have been sent, it just says that buyer refuses to pay.

If goods have been sent, then my responses would be different, so can the OP please clarify.

Thanks

Soo

Lorian

soolin wrote:

If goods have been sent, then my responses would be different, so can the OP please clarify.

Ah, Ok probably my misunderstanding. If that's the case then its time for them to file an NPB, FVF credit, add to blocked bidder's list, 2nd chance offer or relist. Life's to short.

silkyuk9

thats a different story if a bidder has won the auction and has refused to pay and you still have the item ready to ship. There is nothing legally you can do. .i was presuming that you had given them the item and the payment has been lost or not given

Blairweech

This is probably a dumb question but why would someone bid on an auction with absolutely no intention of paying just so they could be taken to court? Surely they have better things to do with their time?