Refusing to refund eBay for their decision

GabbaGabbaHey

Widelats wrote: »

They can hound all they like i will not give them money,

You agreed to both eBay's and PayPal's Terms & Conditions when you signed up.

They will simply put the matter in the hands of their (allegedly very aggressive) debt collection company.

They may call in the bailiffs. They will certainly ban you from using either eBay or PayPal in the future. You possibly end up with a black mark on your credit record or (worst case) a CCJ against you.

You need to deal with this, or be prepared for a whole world of pain that may go on for a very long time.

justjohn

Eventually they may call in a debt collector

mojos.revenge

I had a problem with E bay and Paypal a couple of years ago. A buyer opened a case of not as described, was told to return by E Bay which they did, accept the tracked package did not contain the purchased item.

I was expected to refund the buyer £150 and not have the item, they took the buyers side all the way. The matter was referred to Pay-pals debt collectors and I have to say they were very persistent. I stood my ground and refused to pay up, threatened court action but I still refused to pay, I got phone calls visits and texts constantly, so I reported then to my service provider for nuisance calls and changed my number.

I have heard nothing now or over a year. Even if they do take you to court, and win you still don't have to pay, debt is a civil matter, not criminal. If you really are worried and decide to pay, offer a £1 a month, they can't refuse it, and can't take you to court if a payment is offered.

Needless to say I am now blocked from PP and EB but that's certainly nothing to be upset about.

theonlywayisup

I think your font problem may be worse than any Paypal dispute!

forgotmyname

Err if they take you to court and win cant they send in the bailiffs?

RFW

mojos.revenge wrote: »

Even if they do take you to court, and win you still don't have to pay, debt is a civil matter, not criminal. If you really are worried and decide to pay, offer a £1 a month, they can't refuse it, and can't take you to court if a payment is offered.

There's a lot of misinformation in statement. There doesn't appear to be many cases of Paypal/Ebay taking people to court in such cases. If they did and win it is up to the judge to decide on payment. Offering £1 a month may or may not work depending on circumstances shown to the court. If the offer is declined the court can decide on what the repayment should be and if that is not kept up with then they can send in baillifs amongst other options.

RFW

GabbaGabbaHey wrote: »

You agreed to both eBay's and PayPal's Terms & Conditions when you signed up.

They will simply put the matter in the hands of their (allegedly very aggressive) debt collection company.

They may call in the bailiffs. They will certainly ban you from using either eBay or PayPal in the future. You possibly end up with a black mark on your credit record or (worst case) a CCJ against you.

They can only send in bailliffs and affect your credit rating if they successfully take you to court.
Debt collectors that they send can harass you within the law, anything excessive is illegal. Without a court order they have no powers to do anything more than irritate you.

bxboards

GabbaGabbaHey wrote: »

You agreed to both eBay's and PayPal's Terms & Conditions when you signed up.

They will simply put the matter in the hands of their (allegedly very aggressive) debt collection company.

They may call in the bailiffs. They will certainly ban you from using either eBay or PayPal in the future. You possibly end up with a black mark on your credit record or (worst case) a CCJ against you.

You need to deal with this, or be prepared for a whole world of pain that may go on for a very long time.

Terms and conditions need to be fair and reasonable, and I would argue that an Ebay process that will almost always side with a buyer in a dispute will fall down at that hurdle.

Ebay will not take the seller to court, because ultimately when they act as judge, jury and executioner - and when crucially they cannot make a decision having never seen the item in question - they would lose any case, should they decide to persue the seller.

The seller needs to appeal, then if Ebay hand the debt to a collection agency, the seller needs to dispute the debt. You can't end up with a black mark on the credit history, as the seller has no credit agreement with Ebay.

I would contest any Ebay decision if I genuinely believe the 'arbitration' process they used to decide was unfair.

mojos.revenge

RFW wrote: »

There's a lot of misinformation in statement. There doesn't appear to be many cases of Paypal/Ebay taking people to court in such cases. If they did and win it is up to the judge to decide on payment. Offering £1 a month may or may not work depending on circumstances shown to the court. If the offer is declined the court can decide on what the repayment should be and if that is not kept up with then they can send in baillifs amongst other options.

I am sorry to rain on your parade, but that only applies in cases of debt in the case of Council Tax, Income Tax or similar. These debts are sometimes punishable by imprisonment if not paid.
Any debt councillor will tell you that by law you are able to offer £1 per month and usually is accepted, as it is considered better than nothing.

As someone said Ebay/PP are unlikely to to take to court, debt collectors are not bailiffs and have no authority to enter your home. Whereas a bailiff can, but only if invited at least once.

There is a lot of mis-information, people don't realise that bailiffs can do nothing without certain rules being followed. The only ones who can force issues are Sheriffs but the debt must exceed £600 for them to be used.

RFW

mojos.revenge wrote: »

There is a lot of mis-information, people don't realise that bailiffs can do nothing without certain rules being followed. The only ones who can force issues are Sheriffs but the debt must exceed £600 for them to be used.

If you have a CCJ against someone you can send bailiffs if they don't pay what the court decides they should pay. You would have to pay the bailiffs who would recover their fee along with the debt. http://www.adviceguide.org.uk/wales/debt_w/debt_action_your_creditor_can_take_e/debt_bailiffs_e/about_bailiffs.htm#when_are_bailiffs_used

As for an offer of £1 per month being automatically accepted in any case (as you seem to imply) that is also nonsense. The income and expenditure of the defendant would be looked at, a multi millionaire wouldn't get away with £1/month on a £5000 debt.

None of this is likely to happen in this case but I'd hate for someone to be affected by something else and read your advice. If anyone does need help with a bailliff, debt or court matter contact Citizen's Advice Bureau, Step Change, a solicitor or other relevant body and don't read advice from idiots like us on forums.