Buyer threatening court action

corper

I had a pair of speakers on a listing for £500 cash on collection clearly stated on the listing. A buyer contacted me before the listing ended to ask if he would be able to hear the speakers which I agreed he could if he won. After he won he attempted to pay by Paypal the payment didn't complete as I was in the process of changing my email address due to a hijack, I explained this to the buyer. He then refused to pay cash saying he wasn't happy about paying cash, again this was clearly stated in the listing. I then said I would accept a cheque, he then stated he would only consider a cheque if I sent him a letter stating he could listen to the speakers before paying. I told him that I was not prepared to do that as I had already agreed that. A number of messages later I told him that I would not sell to him as we wasn't getting anywhere. He left neg feedback and that was that, until I received a letter of intent from him stating if I don't pay him £300 compensation he will start county court proceedings for breach of contract.

I have replied stating that as he refused to pay by the method stated on the listing surely he has breached the contract first, but he is still threatening to proceed.

Should I retaliate with my own summons?

Should I just ignore him?

So where do I stand with this? No money was taken although he attempted to pay by paypal 3 times after being told that wouldn't complete.

Surely as a seller I have the right not to sell to anyone?

The speakers haven't been relisted and are still in my possession.

Any advice would be grateful.

Zero_Sum

£300 compensation for what exactly?

Don't think he has a leg to stand on & is clearly trying it on.

I'd just ignore him, infact tell him your going to the police as he wanted to pay by paypal on a pickup item & this is clearly attempted fraud.

JethroUK

corper wrote: »

...Should I just ignore him?

So where do I stand with this? No money was taken ...

Good job you refunded him

Just ignore him - or just remind him of his rights:

His only "damages" (thing the court would look at) would be the outlay of the speakers - and since he hasn't paid - he doesn't have a case

Case closed

soolin

I doubt whether he has a case in law, although there is a precedent with a much more expensive item (a speed boat).

However, whilst accepting cash is an excellent idea, you were of course trading against the eBay site rules. You also didn't exactly make it easy for the buyer did you not letting him hear the speakers until he had paid?

If you truly wanted to avoid issues , and bearing in mind you were already in breach of eBay rules anyway it might have been better to have negotiated with him to hear the speakers and pay before listing ended so you could then end it early . It is as much against the rules as refusing PayPal .

Just make sure though that you settle your eBay fees which I believe we're capped at £40 for that sale, otherwise you'll have them chasing you as well.

Incidentally, the 'my PayPal doesn't work' is the mark of a scammer, so I think you were lucky buyer was still trying to negotiate with you once you tried that one. If you already have a PayPal account and are trying to open another then stop,as that will get you banned from PayPal as well.

KittyLady

Be very careful too taking paypal on a collection only item, there have been cases where an item was collected and then a chargeback for non receipt started, with no proof of postage etc you lose the case, your money and the item. I've never had any buyer have an issue with me wanting them to inspect and pay cash on collection.

soolin

Zero_Sum wrote: »

£

I'd just ignore him, infact tell him your going to the police as he wanted to pay by paypal on a pickup item & this is clearly attempted fraud.

fraud for sticking to eBay rules which state PayPal should be used for the protection of buyers?

Just walk away from that as an idea to take to the police.

soolin

KittyLady wrote: »

Be very careful too taking paypal on a collection only item, there have been cases where an item was collected and then a chargeback for non receipt started, with no proof of postage etc you lose the case, your money and the item. I've never had any buyer have an issue with me wanting them to inspect and pay cash on collection.

The PayPal on collection scam is well known and if sellers use eBay they must remember it is a gamble, as their listing will clearly show the PayPal accepted logo. If a buyer goes through checkout for an address it defaults to PayPal preferred.

Seller here gambled and lost, they get to pay eBay a lot of fees and they have a neg, it was just a gamble though and needs to be considered before listing high end goods on eBay for collection.

I still do not think that the buyer has any grounds legally for recompense, both buyer and seller tried to play the system and they have both lost. I think that is the end of it.

Zero_Sum

soolin wrote: »

fraud for sticking to eBay rules which state PayPal should be used for the protection of buyers?

Just walk away from that as an idea to take to the police.

I wasn't suggesting actually going to the police, just counteracting their empty threat with another

Wonderful100

Just ignore him, if you want sound practical advice and information get yourself over to the Ebay community forums.

For the record no-one in their right mind would accept a Paypal payment for £500 on a collection only item as you have no proof whatsoever that the buyer has the item and they could reverse the payment.

Yes you're supposed to accept Paypal but you didn't because you used common sense, simple as that. Paypal protects buyers and sellers have to use common sense to protect them from being ripped off so don't worry about it.

soolin

Zero_Sum wrote: »

I wasn't suggesting actually going to the police, just counteracting their empty threat with another

I think a dignified silence might be more effective otherwise it is going to look like a schoolyard brawl 'my threats bigger than your threat'.

If letter is from buyer personally it is probably an idle threat, if it has come from a lawyer or anyone official (which check out as legit) then a quick consultation with a lawyer to formally respond might be in order.

Otherwise ignore.

corper

Thanks for your replies

I didn't refuse to let him listen to the speakers, I agreed that before the sale ended. He just didn't want to pay cash and wanted it in writing about listening to the speakers.

Regarding not accepting Paypal I agree it could look suspicious but seeing as I have 2000+ positive feedback that can't really be used as an excuse.

I have been in contact with Ebay and they refunded my final valuation fee as they agreed with me that the buyer had broken Ebay policy by trying to change method of payment.