Problem with eBay buyer (yet another one!)

pinkshoes

I'd say take him to court!

You've given the refund, and kindly did it before he had to return it, as you didn't want him to be out of pocket.

You have proof that you've tried several times to get him to return the item. (emails, phone call etc...)

You can claim expenses I'm sure, so shouldn't end up too much out of pocket, and hopefully could get it transferred to a court near you. I believe you can also phone up the court to ask their advice on such matters, but I believe you have strong enough evidence to win.

Out of interest, I presume you sent him a "letter before action" before taking him to court, thus giving him one last chance to return money or item?

paul_caruso

pinkshoes wrote: »

I'd say take him to court!

You've given the refund, and kindly did it before he had to return it, as you didn't want him to be out of pocket.

You have proof that you've tried several times to get him to return the item. (emails, phone call etc...)

You can claim expenses I'm sure, so shouldn't end up too much out of pocket, and hopefully could get it transferred to a court near you. I believe you can also phone up the court to ask their advice on such matters, but I believe you have strong enough evidence to win.

Out of interest, I presume you sent him a "letter before action" before taking him to court, thus giving him one last chance to return money or item?

Yes, I have it in writing that he has binned it so he can't say it's been lost in the post or anything.

I did send him a letter before action, as far as I can tell I've done everything by the book - it's all in writing and any phone calls are followed up with an email explaining what was said. I'm just getting all the documents together now to submit for the hearing so I'm going to follow it through. I have a few people I'd like to do business with in the area of the court so I can hopefully tie in a few meetings so it won't be a total waste of time even if I lose.

Thanks for the help everyone.

hcb42

Good luck. I hope you win. I am sure you will actually.

halibut2209

Keep us posted! I can't abide dodgy eBay buyers and would love to see one put in their place!

~HotChocolate~

OP you've got a better chance of winning if you go in person to court, even more so if he doesn't turn up, good luck I hate theiving scum like him.

MothballsWallet

Actually, OP, I think the small claims process will put the case in the court closest to the claimant if it's individual vs company (which it may be for me in a few weeks against a charity who won't respect my wishes and keep trespassing to put their bags through my door even though I've told them I don't want them).

mynameisdave

I hope you win and I hope his business isn't in any way connected to retail...

On balance, I think I want you to win more.

paul_caruso

Just a quick update - went to court, defendant didn't turn up and I won after talking to the judge for about 5 minutes. I didn't even get all the way through the story, he just said "Well I think I've heard enough, how much are you claiming?"

I would encourage anyone to go to court via the small claims track where possible. It was not as intimidating as I thought it would be - you're just in a small room with a judge. Thanks for the help guys, otherwise I may never have gone.

bigpound

Would product was it? I am interested.

soolin

paul_caruso wrote: »

Just a quick update - went to court, defendant didn't turn up and I won after talking to the judge for about 5 minutes. I didn't even get all the way through the story, he just said "Well I think I've heard enough, how much are you claiming?"

I would encourage anyone to go to court via the small claims track where possible. It was not as intimidating as I thought it would be - you're just in a small room with a judge. Thanks for the help guys, otherwise I may never have gone.

You now have a judgement but how do you actually plan to get your money back?