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Help with buyer issue please

Taloolah
Taloolah Posts: 4,431 Forumite
First Anniversary Combo Breaker First Post Name Dropper
I sold a designer dress to a buyer before Xmas she won it for £49.00. She sent me an e mail telling me she had recieved the wrong dress. I was a little surprised as I was only selling one dress in a size 10.

I said I would refund if she sent me the dress back and I would refund her return postage. I heard nothing, then I had a paypal dispute opened against me. I responded to that asking her to return the dress and I would refund the postage (inc her return postage) on receipt of the dress. She didn't return the dress and so paypal closed the case in my favour.

I then recieved an email from her quoting bits of the distance selling regulations and asking me to send a cheque for postage, and she would then return the dress. I declined to send her a cheque unless she returned the dress and I again offered her a full refund plus return postage on receipt of the dress. Her response was that the dress was unsolicited and that I had to make arrangements to collect it within 7 days or she would consider it a gift and pursue me through the courts for a refund.


I have today recieved an email from her asking for all my details to begin legal action through her appointed legal representative. My instinct is to call her bluff and tell her to go ahead and take me to court as I feel I have acted in a fair and reasonable manner.

Should I take this seriously am I likely to end in court over this? I am a small business and registered as a business on Ebay so I know i have responsibities as a seller and I always try and act fairly. In my view I have given her plenty of chances to resolve the issue and obtain a refund.

Any advice would be appreciated.
Many thanks to the wonderful staff at Birmingham Childrens Hospital caring for my tiny and very poorly grandson who was born at 29 weeks. Thanks to them he is getting a little stronger every day.:A:A:A
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Comments

  • soolin
    soolin Posts: 72,832 Ambassador
    First Post Name Dropper Photogenic Second Anniversary
    Assming there is no way you sent her the wrong dress I can only assume you are dealing with someone who maybe doesn't have all the faculties (I had to think of a PC way of putting that).

    She has all your details already so I would possibly just ignore her now but make sure you have got screen grabs of the auction, all your photos and correspondence, just in case.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • George666
    George666 Posts: 527 Forumite
    Hi I agree with soolin to ignore the buyer do not reply to any of their emails or messages to you, and keep the evidence of what you sold to the buyer.
    I would add though you may wish to report the buyer to ebay as this smells like a scam to me.
    Step 1. send seller legal looking email demanding cheque or else.
    Step 2. if seller sends cheque cash it and keep the money thus getting a nice little discount from the items price.
    Step 3. disappear never to be heard from again.
    As the paypal dispute was decided in your favour the buyer has to live with it I just think they are trying to scam a discount out of you and have been from the start so report them to ebay and see what happens.
  • pug_in_a_bed
    pug_in_a_bed Posts: 1,975 Forumite
    sounds like shes been on one of the thread on here where everyone argues about soga and distance selling, and then quoted everything she can at you:rotfl: what a nut job, just ignore totally :confused:
  • I think some ppl take things too far dont they.
    I think a 50% seller to buyer communication is important and then the other 50% communicating with paypal. I hate it when ppl make claims without telling you. Im in the middle of one at the minute but ive decided not to work myself up about it. I have my proof of postage and all my ebay messages and facts so i shudnt have to worry. And neither should you!
    Normally ppl like this are JUST buyers. So they talk to ppl with no respect. They always have lowish feedback and cannot correspond in a clear manner.
    Idiots!
    :AQuidco
    :D Codes
  • PinheadSK
    PinheadSK Posts: 230 Forumite
    Normally ppl like this are JUST buyers. So they talk to ppl with no respect.

    Hey! I take exception to that! I'm one of those 'JUST buyers' and I don't deal with eBayers in this manner! Also, have a read around this section... there are plenty of examples of rude, respect-less sellers who have no idea how to communicate or what their responsibilities are!

    Sean :D
    My wife is a DFW... I guess that means I'm along for the ride! :j
    Taking part in the 2011 £365 (plus shrapnel) in 365 days challenge - total to date = £824 plus some shrapnel!
  • PinheadSK wrote: »
    Hey! I take exception to that! I'm one of those 'JUST buyers' and I don't deal with eBayers in this manner! Also, have a read around this section... there are plenty of examples of rude, respect-less sellers who have no idea how to communicate or what their responsibilities are!

    Sean :D


    Ok, i'll rephrase. I am a seller and a buyer. Whenever i have an issue, it is always with ppl that have bought something that have very low feedback.
    They normally dont have much experience of how ebay works and how to deal with issues, thats all. :confused:
    The experience of handling problems definately helps because then you dont say anything personal or rash.
    :AQuidco
    :D Codes
  • Taloolah
    Taloolah Posts: 4,431 Forumite
    First Anniversary Combo Breaker First Post Name Dropper
    Thank you for your replies, I am really at a loss with this buyer. She has reasonable feedback and has been an ebay registered user for over 6 months. If she has genuinely recieved the wrong item then I can't understand why she has refused offer after offer of returning the dress for a refund, with no cost to her involved.. She seems to want to keep the dress and have a full refund as well and seems to feel its her legal right to do so. I will wait and see what happens. I am not going to respond to her "notice of intended legal action email." Thank you
    Many thanks to the wonderful staff at Birmingham Childrens Hospital caring for my tiny and very poorly grandson who was born at 29 weeks. Thanks to them he is getting a little stronger every day.:A:A:A
  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    First Post Third Anniversary Mortgage-free Glee! Combo Breaker
    Taloolah wrote: »
    Thank you for your replies, I am really at a loss with this buyer. She has reasonable feedback and has been an ebay registered user for over 6 months.

    Remember that if she never sells, her feedback can only be 100% positive.
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • Remember that if she never sells, her feedback can only be 100% positive.

    aye this is my problem with the new feedback system, you can't tell which buyers are non-payers, scammers and general p*ss takers.
  • iieee
    iieee Posts: 1,194 Forumite
    I like the "please send me your details so I can take you to court".....hmm, let me think about that. Erm, no.:D

    Perhaps you could politely explain that the distance selling regulations don't apply to auctions?
    :www: :: MFi3 ::
    Original mortgage free date ~ January 2030 :sad:
    Current mortgage free date ~ July 2028
    :tongue:
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