How do I get legal advice/action?

mystery_xx

I bought something off someone on eBay a few years ago and never received it. After some e-mails with the seller and not much action, eBay declared it as fraud and refunded me some money - but only part of it since the amount I paid was over the maximum they would pay out. This was around 2002.

A few years later (2006) I stumbled upon the seller in a forum and he stated he doesn't know what I was talking about, and when I said I have all the original e-mails he very quickly started getting very aggressive and starting quoting "libel" and other such things, telling me never to contact him again. I printed off some of the forum PM's he sent me, but unfortunately not the one where he stated that he still has the item since he never sold it - I just have his quotes in my reply which I wasn't sure if that was good enough. That day, the forum went offline forever so i was never able to go in and retrieve them. Then my print-outs got "filed" somewhere and I haven't seen them since.

Last night I found them, so I have the original eBay listing, e-mails, details of my case and a photocopy of my cheque from my bank which has the bank account and sort code that it was paid into by the seller printed on the reverse.

The person in question has a very unique name, and when I Googled it just now, lo and behold lots of other people have had the exact same issue as me, namely that they give him money (he has another online company now) and they never receive the goods, with him stating he never received the money or he already posted the goods and they must be lost in transit. There are LOTS of discussion threads about this person, people even saying they have had Trading Standards, their solicitor and the Police involved.

In 2006 I went to the Police and the policewoman looked at me blankly and told me to take it to civil court.

I've never had legal dealings before, so I don't know what I can do or who to talk to about getting my money back, or how much that would cost.

Any help greatly appreciated!

The_Hallowed_Way

You could always consult a solicitor. Very handy for legal advice, I'm told.

If the original transaction was in 2002 I suspect it may be too late for you to make a claim. Even if you could take legal action, ask yourself whether you can afford to take legal action and is it worth it? What is the value of the reparation you are seeking?

DVardysShadow

Too late to make a claim for a transaction in 2002 - you have 6 years.

Dick_Van_Dyke

You can't do anything civilly due to time frames.
However if the e-mails show that the person deliberatly sold items he never sent or had intention to send this is fraud/theft. Report the crime to your local police station. There is nothing civil about it and if the officer doesnt take it seriously complain to their inspector.

Might not get anymore cash back but at least you will get the satisfaction.

Saying all that it is 8 years. Maybe you should move on and spend less time on internet forums as it may not be mentally healthy.

Vomityspice

It is the Limitations Act 1980 that sets out the rules. There is an option to bypass the 6 year rule under section 14A but this won't apply as you knew in 2002 you had a cause of action and did nothing about it.

Equaliser123

Vomityspice wrote: »

It is the Limitations Act 1980 that sets out the rules. There is an option to bypass the 6 year rule under section 14A but this won't apply as you knew in 2002 you had a cause of action and did nothing about it.

No limitations on fraud claims. However, to prove actual fraud will be difficult.