Ebay auctioned refund now seller wants item back!?

samsmoot

LittleAoife wrote: »

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.

No backing down I would think - but anything could happen. Expect notification of a Hearing. Was it a private or business seller BTW? Makes a difference if you don't want to be travelling to Northampton.

samsmoot

LittleAoife wrote: »

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

You have no choice but to use the emails. Let the judge worry about their acceptability. My feeling is that 'without prejudice' is meaningless in this context. I would hope you have sent the emails in already but if not send them along with any other evidence you haven't so far submitted.

samsmoot

OK - so that first paragraph is entirely wrong. It should say 'Claimant', not 'Defendant' twice near the end. I did say it was a very rough draft!


No problem - if you didn't spot it you can send in a corrected Defence, or just a correction.

LittleAoife

samsmoot wrote: »

No backing down I would think - but anything could happen. Expect notification of a Hearing. Was it a private or business seller BTW? Makes a difference if you don't want to be travelling to Northampton.

It's a private seller not a business. I can still apply for it to be moved, I'm on my own with 6 children, travelling to Northampton is not an option for me.

LittleAoife

samsmoot wrote: »

OK - so that first paragraph is entirely wrong. It should say 'Claimant', not 'Defendant' twice near the end. I did say it was a very rough draft!


No problem - if you didn't spot it you can send in a corrected Defence, or just a correction.

I corrected these bits already. ;-) thanks sam. X

LittleAoife

samsmoot wrote: »

You have no choice but to use the emails. Let the judge worry about their acceptability. My feeling is that 'without prejudice' is meaningless in this context. I would hope you have sent the emails in already but if not send them along with any other evidence you haven't so far submitted.

I phoned the court today, they said not to send in evidence at this stage as the claimant has asked to go to mediation. I have just told them the reasons why I dispute the claim. Apparently we will have to go through phone mediation to come to an agreement and then if not resolved we will be asked to provide our evidence.
Thanks for all your help, I appreciate it, I really do. :-):o

samsmoot

LittleAoife wrote: »

I phoned the court today, they said not to send in evidence at this stage as the claimant has asked to go to mediation. I have just told them the reasons why I dispute the claim. Apparently we will have to go through phone mediation to come to an agreement and then if not resolved we will be asked to provide our evidence.
Thanks for all your help, I appreciate it, I really do. :-):o

Mediation, eh? Never yet had that happen. I imagine being flexible may help - offering another £25 or so might be seen as reasonable - dunno really.


Anyway, getting it sorted without having to attend court would be good.

samsmoot

You could argue that the seller could and should have offered a reduced price due to the damage.