Ebay auctioned refund now seller wants item back!?

QuackQuackOops

Little Aoife............I havent read all the bickering.

Be assured that my advice is correct and legal.

Do not give this seller any money back.....you were silly to give him £300 when you are not even sure that the refund was given by the seller.

I suspect it is Ebay who have refunded you, and not the seller.

The seller rejected the item and refused a refund......in law. He cant now demand his rights to have an item back when a third party interjects.

With the court etc I suspect he is bluffing.
If he were to go through with it, you will not have to be 'put out' in any way, its a relatively simple process and you will not be made to return either the money or item.

The best advice I can give you is to ignore any and all messages that this seller sends you.
He is working you into doing something you dont have to do and is harassing you.

Dont allow him to intimidate.

QuackQuackOops

Road_Hog wrote: »

I would disagree that the item was rejected. The buyer still has it and has modified it. It hasn't been sent back.


As a private seller, there is no compulsion in law to refund the shipping costs. Now, you have to forget any Ebay rules here. You're in front of a district judge that is only interested in British law, not what Ebay thinks.


Now, you can argue with me all day long, but I have experience of the county court system and I know how judges think. It will go something like this:


Did you send it back for a refund? Have you used it? Have you removed parts of it and changed it? Have you paid the full price for it?


He isn't interested in hearing excuses about change of address or what Ebay policies are, only what British law applies. Case closed, pay up within 30 days or get a CCJ.


The only bright side for the OP, is that most people don't have the gonads to take anyone to court, so it is probably an empty threat.

This is nonsense, Little Aoife and is only here to worry you further.

Please ignore. The case would be nothing like that whatsoever.

RFW

Road_Hog wrote: »

Now, you can argue with me all day long, but I have experience of the county court system and I know how judges think. It will go something like this:

Just so the OP knows who is offering the best advice, can you confirm how many consumer cases you have been involved in in court? 10, 50, 100, 1000? A 'ballpark' figure would suffice. That's assuming you have no legal qualifications whatsoever.

samsmoot

RFW wrote: »

Just so the OP knows who is offering the best advice, can you confirm how many consumer cases you have been involved in in court? 10, 50, 100, 1000? A 'ballpark' figure would suffice. That's assuming you have no legal qualifications whatsoever.

Just for the record I should say that I have absolutely no legal qualifications whatsoever.


What I do have is extensive experience of asking for and challenging legal decisions. I have been in County Court as the Claimant or Mackenzie Friend or Representative around 10 times or more. I have been a Mackenzie Friend in a fair few Administrative Appeals and have spoken on behalf of a Defendant in the Magistrates' Court. I have won many battles by threatening a Claim, and some after the Claim was made - but before a hearing. I have made many, many legal submissions on behalf of others relating to consumer and authority issues, right up to the Court of Appeal.


My approach to law can be unorthodox - naïve, even. One thing I know for sure is that judges absolutely love a well prepared submission. Another thing that I know for sure is that most law professionals are often less than professional and sometimes display an astounding amount of ignorance and arrogance. A solicitor once told me "You can't make a Part 8 Claim for that". Which was a very odd thing to say considering I'd not long ago told him that I had done so - and won the Claim.


As the Claimant you're already in front, and as their representative is seldom well prepared you will usually be the one with the most convincing story. In my experience, if a County Court judge can find for the wronged party they will. Not regardless of what the law says, but rather with consideration of any aspects of the claim and other laws which would negate the opponent's view.

sarah_b_2

from my experience with county court and submitting a claim you (the claimant) have to show you have done everything possible to resolve the claim amicably; this includes negotiating and listening/accepting offers. this is something i discovered in court and from trading standards.
if the claimant has not showed enough 'cooperation' then it can be thrown out or you can get a refund but not be rewarded your legal/court fee's so you become penalized for not sorting it out of court. judges like to see clear communication and offers when rewarding full refunds/fee's.
i will point out i have only dealt with courts once and the only 'true/learnt in a classroom' knowledge i have is some criminal law (as im reading it at uni).

George_Michael

Road_Hog wrote: »

As a private seller, there is no compulsion in law to refund the shipping costs. Now, you have to forget any Ebay rules here. You're in front of a district judge that is only interested in British law, not what Ebay thinks.

This is a common misconception.
There are parts of the SOGA that apply equally to both private and business sellers and the parts that are strictly for business to consumer transactions are clearly marked in the act.
There is no such stipulation given to Para 36 (the section that relates to having to return misdescribed goods that have not been accepted by the buyer).

This was explained to me by trading Standards when they were still dealing with queries from the general public, although they did go on to say that actually getting the costs involved returned could be an extremely long process.

RFW

George_Michael wrote: »

This is a common misconception.
There are parts of the SOGA that apply equally to both private and business sellers and the parts that are strictly for business to consumer transactions are clearly marked in the act.

Thanks for that. I'd have thought that was the case. Otherwise the law would be saying it's ok to be a conman as long as you aren't a business.

LittleAoife

Hi there, I received the claim from Northampton county court today. The seller is claiming for £100 plus court fees plus interest. The thing is if they win I have paid them £400 which is more than they would have got if the transaction went through ebay as they have not taking into account seller/ PayPal fees. I'm going to have a real battle on my hands.

RFW

LittleAoife wrote: »

Hi there, I received the claim from Northampton county court today. The seller is claiming for £100 plus court fees plus interest. The thing is if they win I have paid them £400 which is more than they would have got if the transaction went through ebay as they have not taking into account seller/ PayPal fees. I'm going to have a real battle on my hands.

Make sure you keep all the information regarding payments and copies of all messages from Ebay and the seller.
Then get some legal advice if you think you need it. I'm assuming the seller is relying on you paying up, if you defend it will, initially, end up costing them more.
Be clear, precise and factual when dealing with the court.

ClootiesMum

I might be wrong on this (sure someone will tell me) but I think you can change the court used to one that is convenient to you - if you live aways from seller this might be of use to you...