ebay seller threatening court //baliffs

emmaBZ

hi quick question a friend of mine had his ebay acc hijacked and someone bid on various stuff once he managed to sort it out he sent all the sellers a message saying he didnt bid on these items and would they cancel the transaction and explained why, anyway he had one seller get very nasty and told him if he didnt pay within 7 days the seller would start small claims court action or send baliffs around to his address to collect money ....( for something that sold for £35 ) could they take him to court ??? he has explaind about the account being hijacked but the seller aint having non of it, but surely baliffs and court wouldnt be able to do too much as he never had anything from this seller to pay for as they never sent the item because it was never paid for....:mad:...

soolin

Unfortunately sellers have all heard the excuses before and are loath to believe them. However, if your mate was hijacked and ebay can see that is was actually the truth they should cancel the aucitons, it seems odd that they haven't. I have certainly had auctions completed and won and then cancelled due to suspicious activity and am told to list again .

There is also an argument that the seller has incurred fees due to the negligence of your mate, if your mate had kept better care of his security this could not have happened.

However, as to the specific question then yes it is technically possible to sue for the money although the seller has no guarantee of winning and frankly I think it could go either way although we have had some people on here claim that they have forced buyers to pay before now. If the seller was here asking they would probably be advised to not bother due to the small chance of winning and the hassle involved. We would though be advising a full Non Paying bidder claim to recover fees and of course an NPB strike might affect your mate badly.

Assuming ebay are aware of the strike get them to sort it out so that neither your mate or the seller si inconvenienced, alternatively suggest to your mate he offer say £4 to cover sellers fees and leaves it at that.

Smart_But_Casual

emmaBZ wrote: »

hi quick question a friend of mine had his ebay acc hijacked and someone bid on various stuff once he managed to sort it out he sent all the sellers a message saying he didnt bid on these items and would they cancel the transaction and explained why, anyway he had one seller get very nasty and told him if he didnt pay within 7 days the seller would start small claims court action or send baliffs around to his address to collect money ....( for something that sold for £35 ) could they take him to court ??? he has explaind about the account being hijacked but the seller aint having non of it, but surely baliffs and court wouldnt be able to do too much as he never had anything from this seller to pay for as they never sent the item because it was never paid for....:mad:...

The seller is blowing smoke up his ar se.

Tell them to do one and neg' them just for the sake of it!

pinkshoes

Get your friend to phone ebay and tell them what's happened, and get ebay to cancel all the bids and give the fees back to sellers.

Unless ebay does this, then the seller will think it's just an excuse, although I very much doubt it will resort in court and baillifs! More like a strike for not paying!

cyberbob

I'd personally be telling the seller that I would see him in court then

amcluesent

>once he managed to sort it<

TBH that sounds rather odd. If his a/c was hijacked would expect Ebay to NARU or rollback all the bids.

Brooker_Dave

emmaBZ wrote: »

or send baliffs around to his address to collect money ....( for something that sold for £35 ) could they take him to court ???

How does seller plan to do that when there's been no CCJ?

Seller is an idiot just trying it on, neg the fool.