Seller sold me wrong item and now taking me to court

delirious

I have posted this in the ebay section but really looking for some urgent advice please.

An ebay seller sold me some software on 22nd February 2012 which turned out to be wrong (he sent me an upgrade version as appose to a full retail version). The item cost £160 plus postage.

I contacted the seller and we agreed a refund/return on the 29th February 2012. The seller refunded me £170 on 29th February to include the cost of return postage. The parcel was returned the same day by First class post.

Following a series of emails where the seller informed me that the parcel hadn't arrived, and giving me links to the royal mail claim form, etc, the last contact I had from the seller was on 3rd April 2012 saying that he had not received the item still but sorry for wasting my time, got really snotty and said "Don't worry I won't bother you or waste your precious time any further!"

Fast forward to this morning and I get a letter through the post from small claims saying that he has filed a claim against me. I've not received any warning of this or any further contact since 3rd April and this court claim has appeared from nowhere. If the guy had contacted me, we could've come to some sort of agreement about us splitting the loss or something. However, now he is claiming for the full refund to be returned which is outrageous.

Where do I stand legally given the fact that I never received a letter of intention to take me to court or anything like that?

Any help would be greatly appreciated.
Thanks

vax2002

You did send it back by recorded delivery ?

Other:
What exactly have you received and from where ? stamped court papers or filled in blank ones and if so from which court ?
STAY ONLINE !

delirious

No but it will have been franked by work so they should have a record of the parcel.

vax2002

About these papers ?

delirious

vax2002 wrote: »

About these papers ?

The seller has filled it in by hand. They have come from 'Northern Ireland Courts and Tribunal Service'. It hasn't been stamped but has been signed by the seller but it does give details of how to respond online via there website etc. The form was signed and dated 28th May 2012 and was posted on 26th June 2011.

newbutold

I don't know about Northern Ireland but in England, if the court paper isn't stamped it hasn't been lodged with the court. Perhaps he has sent it in the hope it will scary you into paying up without him actually filling them with the court.

vax2002

Do the papers have and case number or hearing reference number on them ?

delirious

vax2002 wrote: »

Do the papers have and case number or hearing reference number on them ?

There's a case number and an ID number.

rizla_king

delirious wrote: »

Where do I stand legally given the fact that I never received a letter of intention to take me to court or anything like that?

In England not giving you warning of court action and a chance to resolve the dispute before it goes to that would be a breach of procedure rules.

Probably is in the NI courts as well?

https://www.advice4debtni.com may be able to tell you?

vax2002

You should fill the claim in defend the whole amount + file a counter claim , request it be transferred to your local county court and defend on the basis that this was an item sold under e.bays auction terms, found to be the wrong item and returned as requested by the seller, that the item supplied by the seller was not was claimed in the listing and hence any value attached by the seller to the item is a false one as by own admission the item was not what it was claimed to be, so the value has been falsely claimed.
That the dispute was dealt with by way of e.bays terms and conditions and the item returned in a manner requested by the seller.
Proof of postage included.
Therefore I request that the court strikes out the claim on the following points:

The Plaintiff has had the item returned as requested :
The value of such item is falsified :
The Plaintiff having had the false valued item returned has suffered no such loss as claimed as they have the Goods and returned payment.
That no notice before action was served and the Plaintiff is attempting to claim for which they have not asked.

Also requested is an application for counter-claim for losses incurred in attending court which will be the loss of 1 days work pay and a claim for harassment which has been caused by the plaintiff in dealing with this vexatious cliam for which they have suffered no loss, that this has caused embarrassment and a loss of confidence with your employer in having to demand time from work to defend this case and subsequent stress involved request that such damages be set at £750 for harassment.
Therefore total amount of counter claim stands at £750 + loss of 1 days pay + travel expenses to court.

Wywth

delirious wrote: »

I have posted this in the ebay section but really looking for some urgent advice please.

An ebay seller sold me some software on 22nd February 2012 which turned out to be wrong (he sent me an upgrade version as appose to a full retail version). The item cost £160 plus postage.

I contacted the seller and we agreed a refund/return on the 29th February 2012. The seller refunded me £170 on 29th February to include the cost of return postage. The parcel was returned the same day by First class post.

Following a series of emails where the seller informed me that the parcel hadn't arrived, and giving me links to the royal mail claim form, etc, the last contact I had from the seller was on 3rd April 2012 saying that he had not received the item still but sorry for wasting my time, got really snotty and said "Don't worry I won't bother you or waste your precious time any further!"

Fast forward to this morning and I get a letter through the post from small claims saying that he has filed a claim against me. I've not received any warning of this or any further contact since 3rd April and this court claim has appeared from nowhere. If the guy had contacted me, we could've come to some sort of agreement about us splitting the loss or something. However, now he is claiming for the full refund to be returned which is outrageous.

Where do I stand legally given the fact that I never received a letter of intention to take me to court or anything like that?

Any help would be greatly appreciated.
Thanks

D'oh. You realise this would have only been covered up to a maximum of £36, don't you?
(It's a bit more now prices postal prices have risen, but back them I think it was only £36)

Legally, it sounds like you are currently standing over a £100 down, even if you do make a successfull RM claim.

Next time, take the parcel to a post office and ask their advice on the best way to send such a costly item.