Ebay item not as described GRRrrrr

bifda

I recently bought an item on ebay that was meant to be excellent. When it arrived it clearly wasn't, in fact the item it was going to replace was in better condition, but I had to pay cash on delivery so I refused to pay. It was not cheap at £220 + delivery. Anyway I am now being chased for the courier fees (he has said that I don't have to pay for the item as maybe it wasn't exactly as described). The seller has now implemented a small claim court action for the £50 for the courier. At the time I contacted ebay and they said that as it wasn't as described I didn't need to worry and didn't need to pay the courier, but now as a smal claim form has come from the local courts I am worried. What should I do?

Dave101t

respond to it, and you will get your costs reimbursed by this idiot who doesnt know how to list an item properly.
you wont suffer a fine, judgement or anything, so long as you have told the truth

bifda

I have responded but he is adimant I should pay the courier. I now even have a court date. Not oerly worried but it would be nice if I had something in writing from a recognised body stating where I stand

soolin

bifda wrote: »

I have responded but he is adimant I should pay the courier. I now even have a court date. Not oerly worried but it would be nice if I had something in writing from a recognised body stating where I stand

Then try Citizens advice who may be able to point you to any such body. I can't think where else to suggest you go.

Premier_2

bifda wrote: »

... At the time I contacted ebay and they said that as it wasn't as described I didn't need to worry and didn't need to pay the courier, but now as a smal claim form has come from the local courts I am worried. What should I do?

I would be inclined to defend the claim.

State what happened, that you bought an item via ebay, but on arrival you inpected it to find it was significantly not as described. Hence you refused to pay the courier for the item (and so presumably they took it away again)

Also state that you raised a snad report on ebay using their complaint system and that ebay found in your favour.

In my experience of small claims court action for ebay items, one of the first things asked is did you go through the ebay/paypal complaint system. If not, why not and if so what was the outcome of the complaint? The fact that you won the ebay complaint would already put the complainant on a back footing with the court.

There may be legal reasons why an ebay complaint resolution is wrong on legal grounds, but that's for the complainant to prove.

Premier_2

bifda wrote: »

I have responded but he is adimant I should pay the courier. I now even have a court date. Not oerly worried but it would be nice if I had something in writing from a recognised body stating where I stand

You already have a hearing date set?

How long ago was this original transaction?

Normally the process is that a complainant raises a summons
A couple of weeks elapse for the defendant to respond.
After a defence has been filed, an allocation questionaire is usually sent for completion.
A judge will then eventually look at the papers and decide the best way forward, often suggesting a resolution by mediation is attempted and/or requesting a pre-hearing to clarify some facts and/or set a hearing date may be set.

However, in my experience, it normally takes about 3-4months from filing a summons to attending a hearing.

pinkshoes

Premier wrote: »

Also state that you raised a snad report on ebay using their complaint system and that ebay found in your favour.

bifda, did you open a SNAD dispute on ebay?? You might need this to defend yourself.

Looking at this from another point of view, the seller would have to refund you the cost and initial postage for SNAD. You would then have to pay return postage. Is it this return postage that the seller is trying to claim, and if so, then there is a chance he might win... £50 is steep for a 1 way courier though.

Premier_2

pinkshoes wrote: »

...Looking at this from another point of view, the seller would have to refund you the cost and initial postage for SNAD. You would then have to pay return postage. Is it this return postage that the seller is trying to claim, and if so, then there is a chance he might win... £50 is steep for a 1 way courier though.

I think this is one example of where the ebay rules don't exactly mirror the strict interpretation of the law.

The contract formed was for the seller to supply & deliver the item as specified in the listing in exchange for the buyer paying the agreed price.

By finding the seller to have first breached the contract by failing to supply the item as specified, the seller will have difficulty in enforcing any other part of the contract.

StaffsSW

All due respect to the above posters, but I think proper legal advice is needed here, not MSE forum advice.

Premier_2

stevew8975 wrote: »

All due respect to the above posters, but I think proper legal advice is needed here, not MSE forum advice.

It's a small claim. You can't recover legal costs in small claim disputes, even sucessfully defending them.

bifda

Premier wrote: »

You already have a hearing date set?

How long ago was this original transaction?

Normally the process is that a complainant raises a summons
A couple of weeks elapse for the defendant to respond.
After a defence has been filed, an allocation questionaire is usually sent for completion.
A judge will then eventually look at the papers and decide the best way forward, often suggesting a resolution by mediation is attempted and/or requesting a pre-hearing to clarify some facts and/or set a hearing date may be set.

However, in my experience, it normally takes about 3-4months from filing a summons to attending a hearing.

The item was bought at the begining of the year. When it arrived I was to pay cash on delivery, but as it wasn't as described I sent ot back with the courier (member of sellers family) As soon as he left I rang ebay and told them what had happened they tol me not to worry as it wasn't as described I had no obligation to buy it. I didn't need to open a SNAD dispute as I hadn't paid for the item. A dispute was opened against me by the seller as a nonpaying bidder. I responded and the seller closed the case. Then he threatend legal action and when I refused to pay the courier I then received a letter from the courts. I sent in my side of events and requested it be sorted by mediation, but for that to work both sides have to agree, he wouldn't. I have now filled out the allocation questionaire etc and have a date for a months time. I was told by the courts that if it goes in my favour then I can counter claim for my expenses as I have to take a day off of work, fuel parking etc etc. All in all a bloody nuisance!