Ebay Unpaid item-DEBT COLLECTION AGENCY

theonlywayisup

G51shopaholic wrote: »

He bid & won the item, hence the contact to buy is made.

Non payers are a pain on ebay, this is an example of a seller who is after their pound of flesh!

I think you will find it is 100 euros of flesh!

As has been said, without a Court Order nothing will not happen.

terra_ferma

hermione987uk wrote: »

The trader should say which country's law applies on their website (or in this case the listing) or in any contracts they send.

Never seen that in any listing, UK or otherwise, don't know where you got that from.
Probably covered by ebay somewhere in ther t&c, as they try and think of every eventuality....

NiallB

G51shopaholic wrote: »

Sorry just re-read your post.

When you bid on something from ebay you are entering a contract to buy that item.

As you did not complete the transaction you broke your end of the contract and hence the seller is basically "sueing" you.

normally this would just result in the seller leaving negative feedback 4 u - but i guess the person is really !!!!!! off!

Sellers can't leave negatives, it's been like that for around 2 years now.

terra_ferma

sdd7677 wrote: »

As I informed to the seller about order cancellation, I think I am well within british law (DSR) right of cancellation .

I don't think British DSR would apply if you purchase on a foreign site (a bit like when people to go Calais to buy their.... essential goods )

However I hear Germany's equivalent is even more stringent, as they are stronger than UK on consumer rights.
Also I don't think DSR apply if you just decide not to pay, the whole point of it is to give people a chance to inspect the goods and return if they are not suitable.
I'm not an expert but it seems logical that if you want to cancel the contract you need to expressely say that, not simply not pay.

macfly

G51shopaholic wrote: »

Sorry just re-read your post.

When you bid on something from ebay you are entering a contract to buy that item.

As you did not complete the transaction you broke your end of the contract and hence the seller is basically "sueing" you.

normally this would just result in the seller leaving negative feedback 4 u - but i guess the person is really !!!!!! off!

The seller is basically doing nothing of the sort. To sue you have to go to court. You can't just instruct a debt collector. They have no powers to enforce a contract.

sdd7677

Thanks for all replies.
But still confused whether do I have to respond debt collector explaining the whole situation or not ?? or just ignore them completely.

hermione987uk

terra_ferma wrote: »

Never seen that in any listing, UK or otherwise, don't know where you got that from.
Probably covered by ebay somewhere in ther t&c, as they try and think of every eventuality....

found on direct.gov

sdd7677

can debt collector/seller get court order in germany for me ?? If so, do I have to follow that being a british citizen

macfly

Just for information, there is a European version of the small claims court.
Why are you still confused? About half a dozen people have said ignore it.

Mistral001

It is easy to say ignore it, but the OP also needs some reassurance. Contact ebay, go to Citizens advice or even contact a lawyer. In the end it might seem a waste of time to many if it turns out that the debt collection letter was not warranted, but it might be worth it as it will reassure the OP.

BTW, I used to work in Germany. I will say no more.