Seller won't refund, options?

missile

razorbladekisses wrote: »

Yes as Soolin mentioned even if you do win they may not pay up. Not eBay related but I took my ex to the small claims court and won but I've never seen the money. He wasn't forced to pay up. I ended up another £70 down as that is what it cost me to take him to court

I was thinking that would be the likely outcome

Another reason why it may not be worthwhile pursuing in small claim is action has to be raised in court local to the seller and the cost of travel etc which are not normally refunded could be more than the settlement.

smartie1976

But you won't know until you try, and at the very least it'll give the seller a kick in the pants to in future send stuff correctly, with insurance.

You can't let him get away with it.

maniac886

I purchased a phone this morning worth over £75, the seller had listed 1st class recorded as the only method of delivery. I sent an e-mail asking if they would send the item special. They said yes they would and at no extra charge. I just don't understand why sellers take the risk with such high value items

At the end of the day its the buyer paying for the delivery costs and not the seller!

Syman

missile wrote: »

I was thinking that would be the likely outcome

Another reason why it may not be worthwhile pursuing in small claim is action has to be raised in court local to the seller and the cost of travel etc which are not normally refunded could be more than the settlement.

i think you can now make a claim online.

Clicky

not sure if it is different in scotland

Blacksheep1979

missile wrote: »

I was thinking that would be the likely outcome

Another reason why it may not be worthwhile pursuing in small claim is action has to be raised in court local to the seller and the cost of travel etc which are not normally refunded could be more than the settlement.

actually reasonable travel costs, hotel costs (if staying overnight) and something towards missing work can (and usually is) awarded. They also usually give civil service mileage allowance which is quite generous (unless you were traveling by train etc).

If he's selling lots of expensive electronics and refuses to pay (which will hurt his credit record - maybe worth pointing out to him) you can get an attatchment of earnings or have the money taken from a bank account or the most fun - send the bailiffs in. All these are at his expense.

The one word of warning is make sure you've given plenty of warning that it is your intention to take him to court.

slam2k5

This is his latest reply:

Hi Again. To be honest I dont feel im responsible for the royal mails
error, I posted it same as I do for everybody and have got your postal
receipt. Iv even scanned and sent it to you so you can go ahead with the
complains. As for the items iv sold, ebay know all about that, which is
why they have promoted me as a power seller and if you view my feedbacks
you can see everybody is happy with their purchase from me, and as I said
I cant be held responsible for the parcel gone missing. Its the royal mail
that is to blame. As far as inland revenue goes, Im not sure where you got
that from but I mean as I said if you feel its not right then you may go
ahead with the complaints, but Ebay will NOT close or suspend my account,
they already know about my sales as i said earlier thats why they promoted
me as a power seller and other people on ebay sell £10000 worth of stuff
on ebay every week or so, so I take it you will lodge a complaint against
everyone then? Anyway ill leave it as that. Once again please accept my
apologies.

maniac886

slam2k5 wrote: »

This is his latest reply:

What a poor excuse,yes it maybe RM's fault that the parcel went missing but it is the sellers fault for posting the item by first class recorded delivery. He is just trying to fob you off, just ignore him and carry on with your claim against him!

Sugar_Coated_Owl

What an idiot. Tell him he is at fault for not sending the item via special delivery. You would think that being such a great seller :rolleyes: he would know that.

:j His other item was eventually pulled

rockpeblar

Take him to the small claims court. I had an issue with an ebay seller last year which ended up in a judges chambers. She found in my favour and I received a full refund plus travelling expenses and loss of earnings. A £57 initial refund ended up being over £200.

digerati

slam2k5 wrote: »

Yip, so looks like I'm taking the boy to court. I'm not sure how to proceed from here, has anyone got any advice on how to take someone to the small claims court? I live in Scotland so I'm a little unsure if it works differently up here.

Read this thread for details of Scottish Small Claims process.

I'd contact the Police (after getting in contact with other victims) as it's free and often works faster in getting the desired result.

Good luck!