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seller going out of business, owes me

Hi all. I bought a suit for my boyfriend on ebay, it was described as lovely and long story short, wasnt. After alot of emails the seller agreed to take it back. I sent it by special delivery, and have the online proof of receipt.

Of course now I realise I should have used paypal, but had paid by cheque at the sellers request. The suit was returned 6 weeks ago and Ive tried phoning these people, emailing them, writing to them. I looked up their company on Company House site and found that they are going out of business. They are still selling suits on ebay. What do I do?

Comments

  • cyberbob
    cyberbob Posts: 9,480 Forumite
    1,000 Posts Combo Breaker
    If you didnt pay by paypal. Small claims court is your est option
  • But will I be able to recover any money as they have filed to have the company dissolved.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    Probably not, you will just join the list of unsecured creditors. If they are trading whilst insolvent that is illegal. You could also petition to wind up the company. How much time and money do have to throw at this?
  • soolin
    soolin Posts: 73,377 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    A cheque also means that you are at the end of the queue for money if any does pay out. If they are still trading on ebay I would be tempted to complain to ebay and pass the info along to them as maybe that will stop other buyers being caught.
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  • RFW
    RFW Posts: 10,257 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Hi all. I bought a suit for my boyfriend on ebay, it was described as lovely and long story short, wasnt. After alot of emails the seller agreed to take it back. I sent it by special delivery, and have the online proof of receipt.

    Of course now I realise I should have used paypal, but had paid by cheque at the sellers request. The suit was returned 6 weeks ago and Ive tried phoning these people, emailing them, writing to them. I looked up their company on Company House site and found that they are going out of business. They are still selling suits on ebay. What do I do?
    Go to Trading Standards for some help.
    By the sounds of it your chances of getting money back are slim, but if they are still trading, you could push them. Winding the company up or stopping them trading either via Ebay or Companies House will diminish your chances of getting anything from them.
    .
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    edited 8 July 2009 at 10:26AM
    Hi all. I bought a suit for my boyfriend on ebay, it was described as lovely and long story short, wasnt. After alot of emails the seller agreed to take it back. I sent it by special delivery, and have the online proof of receipt.

    Of course now I realise I should have used paypal, but had paid by cheque at the sellers request. The suit was returned 6 weeks ago and Ive tried phoning these people, emailing them, writing to them. I looked up their company on Company House site and found that they are going out of business. They are still selling suits on ebay. What do I do?

    When you say they are going out of business, what do you mean? They are already in administration? They are already in liquidation? :confused:

    You may need to put your request into administrator. I think you are an unsecured creditor and as such you'll have to take your luck at the back of the queue. You may only get back a fraction of what you paid ... and that's if you're lucky and there are any funds available.

    Going to court is no point unless you know the debtor has the means to pay you. If not, all you'll end up getting is an unenforcible judgement and a bill for the pleasure.

    Edit: I see you say they want to dissolve the company. Well they can't do that without paying off their debts (unless creditors agree) - so object to their proposal to dissolve the company :)
    That still may not get your money back, as they may then be forced into administration

    Edit 2: Are you sure the ebay trader is the company? I think ity's a requirement to have records showing a company has not traded for at least 3 months before a proposal to dissolve can be made. How long ago was the original transaction?
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • chja
    chja Posts: 913 Forumite
    If it is a members voluntary dissolution, then they should have funds to pay all creditors. Make sure you register your claim with the liquidator.

    If it is a creditors action then it is very unlikely that you will see anything back.
  • Premier wrote: »
    When you say they are going out of business, what do you mean? They are already in administration? They are already in liquidation? :confused:

    You may need to put your request into administrator. I think you are an unsecured creditor and as such you'll have to take your luck at the back of the queue. You may only get back a fraction of what you paid ... and that's if you're lucky and there are any funds available.

    Going to court is no point unless you know the debtor has the means to pay you. If not, all you'll end up getting is an unenforcible judgement and a bill for the pleasure.

    Edit: I see you say they want to dissolve the company. Well they can't do that without paying off their debts (unless creditors agree) - so object to their proposal to dissolve the company :)
    That still may not get your money back, as they may then be forced into administration

    Edit 2: Are you sure the ebay trader is the company? I think ity's a requirement to have records showing a company has not traded for at least 3 months before a proposal to dissolve can be made. How long ago was the original transaction?

    Definitely the same company. Their auctions show the company name and their email address. They have a First Gazette listing. Who do I complain to about them trading during dissolving? Paypal? ebay? Company House?
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    edited 14 July 2009 at 11:06AM
    Definitely the same company. Their auctions show the company name and their email address. They have a First Gazette listing. Who do I complain to about them trading during dissolving? Paypal? ebay? Company House?

    Good question!

    First off, does the notice in the London Gazette not mention who to send letters of objection to? If they do, send off a letter to whoever they say to object to the intention to dissolve.

    As the company's actions seem less than honourable, they may ignore your correspondence, so I would send a copy to Companies House too (be sure to quote their registered number).

    You might also like to contact Consumer Direct who should pass your matter onto Trading Standards who may be interested in the company who plans to dissolve having very recently traded.


    Edit: send Companies House a copy of your evidence (invoice) that the company has recently traded too - they will be interested to know that the company that has issued an intention to dissolve has recently traded.

    You may be interested in the penalties that could apply to the company/its directors
    Offences and penalties

    It is an offence:
    • to apply when the company is ineligible for striking-off;
    • to provide false or misleading information in, or in support of, an application;
    • not to copy the application to all relevant parties within seven days;
    • not to withdraw the application if the company becomes ineligible.
    Most offences attract a fine of up to £5,000 on summary conviction (before a magistrates' court) or an unlimited fine on indictment (before a jury). If the directors deliberately conceal the application from interested parties, they are liable not only to a fine but also up to seven years imprisonment.
    http://www.companieshouse.gov.uk/about/gbhtml/gbw2.shtml
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
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