ebay fees ,debt collector chasing me ,advice needed

rosiemolly

Hi can someone please give me some advice , i owed ebay £70 in fees and didnt have the cash to pay at the time,
I eventually paid the fees by paypal on the 17th july and my ebay account was reinstated, with a nil balance owing.

The following week i recieved a demand for £16 from a debt collection company saying this was their charges in relation to the £70 i had owed ebay.

Their invoice was dated the 22nd of July, I had not heard from them prior to this date.

I have refused to pay this on the basis that the ebay fees were fully paid and cleared on the 17th.

Im now getting harrasing phone calls from them,saying i owe them this £16,

where do i stand, thanks,

lukerichardson40

Almost exactly the same thing happened to me. I sold a laptop on ebay, posted it and all the rest. Then a few weeks later got an email saying I was in receipt of fraudulent funds as the buyer used a stolen card. They took my paypal account to minus 600 quid as I had transferred the money to my bank which they couldnt touch. Long story short I refused to pay and it went to one of these debt people. They called and harrassed none stop, in the end I spoke to a solicitor pal who wrote them a letter and they stopped (more or less)

You should perhaps speak to Ebay about this and ask why the debt, which has been paid, has been passed to a collection agency. When they sell the debt to the agency then it is out of ebays hands and the debt belongs to the agency. So paying ebay should have been the end of it. So as I say, contact ebay first and find out exactly why it has gone to these people then work it out from there.

NOTE - I arent an expert by a long shot, that is just what I learned from my experience and it helped me. I could be wrong, and if I am I am sure someone will correct me.

InsideInsurance

1) Have you spoken to eBay about it yet?

2) Just because a creditor sells your debt to a collection agency doesnt make you liable for the collection agency's costs - or at least not in the UK. Their T&Cs would need to explicitly state that fees are chargeable and when they are otherwise they can go jump so read the T&Cs that you agreed to properly.

The complication is the fact that eBay isnt actually a UK company but is based in Luxembourg and so it may be that under Lux law that debt recovery fees can be added without it needing to be explicitly stated up front.

rosiemolly

InsideInsurance wrote: »

1) Have you spoken to eBay about it yet?

2) Just because a creditor sells your debt to a collection agency doesnt make you liable for the collection agency's costs - or at least not in the UK. Their T&Cs would need to explicitly state that fees are chargeable and when they are otherwise they can go jump so read the T&Cs that you agreed to properly.

The complication is the fact that eBay isnt actually a UK company but is based in Luxembourg and so it may be that under Lux law that debt recovery fees can be added without it needing to be explicitly stated up front.

Hi thankyou for that ,the debt recovery company is uk based
JQOR Recovery services, of Preston,
would they be covered under UK Law ?

wealdroam

rosiemolly wrote: »

Hi thankyou for that ,the debt recovery company is uk based
JQOR Recovery services, of Preston,
would they be covered under UK Law ?

Yes, English Law is applicable.

Incidently, English Law is also applicable to ebay.co.uk.
On their User Agreement page it says (amongst many other things)...

Any claim, dispute or matter arising under or in connection with this Agreement shall be governed and construed in all respects by the laws of England and Wales.