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Being threatened with legal action

Hi I wonder if anyone can help?

So I was selling a cupboard on eBay via auction. It sold and the buyer paid instantly. I was happy to sell this even though it went for peanuts. I emailed the buyer to ask if he wanted the whole set as I had 1 more that went with it. Anyway 30 minutes passed and my other half threw a wobbly as I had sold it prematurely (24 hr auction) and we didn't have anything to put our clothes in. So I apologized to the buyer and opened a resolution center case. I chose other as the reason for canceling the transaction.
Anyway next thing I know the case has been closed and the buyer refuses to cancel the transaction, which is his prerogative. I sent another kindly worded email to explain the situation.
I get a reply with full on abuse, things like "I hope the courts get you so you get a criminal record" and "I'm going to persue you through the courts and hope you get a ccj and it ruins your credit rating etc etc" A bit harsh in my book. He days he has limitless money to take me to court. The item webt for £9. So where do I stand? Could I go to
A small claims court and get done?
Any advice would be great.
Thanks!
«134

Comments

  • Oh he's also claiming its his property even though its never changed hands physically and that I've given him a full refund.
  • bxboards
    bxboards Posts: 1,711 Forumite
    Yes, you could be sued. The item became his property when he paid for it.

    It's unlikely a buyer would do that for £9, but if the item you sold for £9 would typically sell for £200, the buyer would have a good chance I think of recovering the loss he would have to incur buying another.

    But it's unlikely he go to court and you certainly would not get a CCJ.
  • Doesn't the distant sale regulations negate that?
  • bxboards
    bxboards Posts: 1,711 Forumite
    Bombastic wrote: »
    Doesn't the distant sale regulations negate that?

    No - auctions are not covered under Distance Selling Regulations.
  • COOLTRIKERCHICK
    COOLTRIKERCHICK Posts: 10,510 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Block him, and make sure the misses knows what you are selling in the future..

    wrong thing to do I know, but see what he does then
    Work to live= not live to work
  • COOLTRIKERCHICK
    COOLTRIKERCHICK Posts: 10,510 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    bxboards wrote: »
    Yes, you could be sued. The item became his property when he paid for it.

    It's unlikely a buyer would do that for £9, but if the item you sold for £9 would typically sell for £200, the buyer would have a good chance I think of recovering the loss he would have to incur buying another.

    But it's unlikely he go to court and you certainly would not get a CCJ.

    you also hear big stores having blips on their websites, and people paying etc, and then the stores give refunds rather than honour their mistakes, would this buyer try to take them to court????? THINK NOT
    Work to live= not live to work
  • bxboards wrote: »
    No - auctions are not covered under Distance Selling Regulations.

    So I'm well and truly stuffed then. This guy seems like a right piece of work
  • Why would someone with limitless money look for £9 second hand cupboards on eBay??? ;)
    Warning: any unnecessary disclaimers appearing under my posts do not bear any connection with reality, either intended, accidental or otherwise. Your statutory rights are not affected.
  • Block him, and make sure the misses knows what you are selling in the future..

    wrong thing to do I know, but see what he does then

    If I block him he can't message me?
  • cootuk
    cootuk Posts: 878 Forumite
    I don't think the courts would take kindly to a case like this.
    First of all there should be mediation - you offered a full refund fairly quickly so the buyer hasn't stood a direct loss.
    They could potentially sue for loss of bargain, but would then have to prove at what price similar items sell for, but really this should be sorted out well before court action.
    The worst they can really do is give you negative feedback.
    If they really had unlimited funds, would they be trawling Ebay for bargains to sue people over?
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