Ebay auctioned refund now seller wants item back!?

samsmoot

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.

That's a shame. The best thing to do right now is to return the form you would have got stating you wish to defend the Claim (that's if you want to, of course). Meantime get your defence sorted out. If it's a business seller (sorry if it's been said and I missed it) you will definitely be able to get a Hearing in a local court, as opposed to where the Claim was issued. If a private seller - not sure - you can ask - but may be denied it. I can look into it if needed.


I believe you have a reasonable chance of not being ordered to pay more. Your main line of Defence is that the seller was at fault - right from the start: Goods damaged; Unable to return due to seller's own problems; Refund agreed; Refund gotten; Money extorted via threats of police involvement.


I can knock you up a rough draft Defence if you like, post it on here, then others can chip in. Or someone else might do it for you. You could get a solicitor, but not really.

LittleAoife

samsmoot wrote: »

That's a shame. The best thing to do right now is to return the form you would have got stating you wish to defend the Claim (that's if you want to, of course). Meantime get your defence sorted out. If it's a business seller (sorry if it's been said and I missed it) you will definitely be able to get a Hearing in a local court, as opposed to where the Claim was issued. If a private seller - not sure - you can ask - but may be denied it. I can look into it if needed.


I believe you have a reasonable chance of not being ordered to pay more. Your main line of Defence is that the seller was at fault - right from the start: Goods damaged; Unable to return due to seller's own problems; Refund agreed; Refund gotten; Money extorted via threats of police involvement.


I can knock you up a rough draft Defence if you like, post it on here, then others can chip in. Or someone else might do it for you. You could get a solicitor, but not really.

Yes please sam that would be amazing.
I'm absolutely mortified it has gone this far, I honestly can't believe it, however, I'm noting going to pay this without a fight!!
I'm also in the process of applying for insolvency, as my husband has just left me I have piles of debt and will probably have to get a DRO or file for bankruptcy, will this be taken into consideration in favour of the claimant??
Do I even need to mention it??

samsmoot

LittleAoife wrote: »

I'm also in the process of applying for insolvency, as my husband has just left me I have piles of debt and will probably have to get a DRO or file for bankruptcy, will this be taken into consideration in favour of the claimant??
Do I even need to mention it??

I think: No and no.

RFW

LittleAoife wrote: »

I'm also in the process of applying for insolvency, as my husband has just left me I have piles of debt and will probably have to get a DRO or file for bankruptcy, will this be taken into consideration in favour of the claimant??
Do I even need to mention it??

You'd only need to mention it if you lose the case, although your insolvency practitioner would need to know about it.
If anything it should make you feel more confident as the claimant won't get any money even if he wins.

samsmoot

It would be helpful if you could jot down the main points as stated in the Claim. No rush though - can carry on anyway.

samsmoot

Here's a very rough draft which can be changed or added to. Thought I may as well see how this flies so far:




1. The Defendant disputes that any money is owed to the Claimant. The Defendant has acted in good faith and has made numerous efforts to resolve this issue. It is alleged that the Defendant has acted negligently and maliciously and with disregard of the Terms & Conditions of the contract and eBay policy [Evidence**]. It is also alleged that the Defendant only obtained payment of £300 by way of threats of reporting this civil matter to the police.

2. The Defendant submits that the £300 (original price £375) already paid is sufficient under the circumstances to cover payment for the item. The Claimant had agreed to and paid a refund due to the item being damaged. Payment was then later sought via email messages [Evidence **] containing threats from the Claimant that they considered my keeping the pram (as per instructions from eBay [Evidence**] , and only due to the Claimant's failure to provide an acceptable return address [Evidence**] ) as theft and that they would be reporting it to the police.

3. Due to this correspondence from the Claimant I felt compelled to pay them £300 - which was all I could afford, and was a fair price for the item, considering the damage [Evidence **(photos)] and the fact that I had previously rejected and been refunded for the pram due to it being damaged on arrival [Evidence**].

4. Evidence **, ** and ** show the Claimant's repeated failure to comply with eBay policy in accepting the return of the pram, which the Defendant submits is the entire cause of this issue. Evidence ** is the correspondence from eBay showing the Claimant's failure to adhere to the selling policy, and also shows the advice given by eBay to the Defendant. [More evidence as required].

5. The Defendant submits that they have done everything within their power to resolve the situation and that the Claimant has brought this problem upon themselves due to their failure to act in accordance with the terms of sale of the item and eBay's stated Returns Policy [Evidence**]. The £300 already paid was extracted under duress and protest but in any event is a fair price to have paid. Therefore the Defendant asks the court to please dismiss this Claim as it has no merit.

LittleAoife

samsmoot wrote: »

Here's a very rough draft which can be changed or added to. Thought I may as well see how this flies so far:




1. The Defendant disputes that any money is owed to the Claimant. The Defendant has acted in good faith and has made numerous efforts to resolve this issue. It is alleged that the Defendant has acted negligently and maliciously and with disregard of the Terms & Conditions of the contract and eBay policy [Evidence**]. It is also alleged that the Defendant only obtained payment of £300 by way of threats of reporting this civil matter to the police.

2. The Defendant submits that the £300 (original price £375) already paid is sufficient under the circumstances to cover payment for the item. The Claimant had agreed to and paid a refund due to the item being damaged. Payment was later sought via email messages [Evidence **] containing threats from the Claimant that they considered my keeping the pram (as per instructions from eBay, and only due to the Claimant's failure to provide an acceptable return address) as theft and that they would be reporting it to the police.

3. Due to this correspondence from the Claimant I felt compelled to pay them £300 - which was all I could afford, and was a fair price for the item, considering the damage [Evidence **(photos)] and the fact that I had previously rejected and been refunded for the pram due to it being damaged on arrival [Evidence**].

4. Evidence **, ** and ** show the Claimant's repeated failure to comply with eBay policy in accepting the return of the pram, which the Claimant submits is the entire cause of this issue. Evidence ** is the correspondence from eBay showing the Claimant's failure to adhere to the selling policy, and also shows the advice given by eBay to the Defendant. [More evidence as required].

5. The Defendant submits that they have done everything within their power to resolve the situation and that the Claimant has brought this problem upon themselves due to their failure to act in accordance with the terms of sale of the item and eBay's stated Returns Policy [Evidence**]. The £300 already paid was extracted under duress and protest but in any event is a fair price to have paid. Therefore the Defendant asks the court to please dismiss this Claim as it has no merit.

This is brilliant, do I put this ( with evidence ) on the form that I send back to court or do I wait until it escalates to actually go before a judge??
Thankyou.

LittleAoife

I have sent a modified version of this to the court today, hopefully they will back down but they probably won't.
Thanks for all of your help.

LittleAoife

Also does anyone know if I am still able to use their emails as evidence, they have headed all of their correspondance to myself with the heading ' without prejudice' does that mean I can't use it as evidence of their threats and refusal to accept my offers.
Thanks

samsmoot

LittleAoife wrote: »

This is brilliant, do I put this ( with evidence ) on the form that I send back to court or do I wait until it escalates to actually go before a judge??

Well I was going to say wait a bit - but as it's been sent it may do. Did you insert the numbers in the [Evidence] brackets? And did you number the Evidence on the top right corner? If so it should be presentable enough.