taken to court over ebay purchase

cyclonebri1

As above. Just wonder if someone can advise.

We have been taken to court by an ebay business seller.
He thinks he has found a loophole in the way we returned a faulty item and is claiming we are trying to defraud him. I can't go into more detail but we have what is a cast iron case and have the support of both the courier and ebay, (hopefully, provided they hold to their word, but we do have documentation). It went through ebays resolution centre and they awarded in my favour. Enough of that.
We are so incensed that we are prepared to counter claim against him.
His claim was £160 in total for an item that initially cost £29. In my view I should claim expenses and for deformation of character or similar, as you probably realise I'm not too legally savvy.

For the cost of £25 which if I win will be refunded, I can counter claim for up to £350 in total. I want to teach this guy a lesson.
Any views on how to word my claim against him.??

The defence is very detailed and about 10 A4 sheets plus 10 printed documents from ebay and the courier, I have no problem with that, it's just that I'm not aware of how put the claim against.


I don't know if this is the most suitable section, please feel free to move it if needed.

unholyangel

What expenses have you incurred and what provable defamation do you have?

If the answer to these are none/I don't have any, then don't counterclaim.

The losing party is usually ordered to pay costs of the other party - unless the other party have been unreasonable in their conduct.

bod1467

As above ... if he loses then he'll have to pay all the costs of bringing the claim PLUS your reasonable costs in defending it (£90 or so, if it goes to a hearing). So for a £29 item it'll end up costing him £200+ anyway.

bryanb

cyclonebri1 wrote: »

I want to teach this guy a lesson..

Please don't go to court with that in mind.
Teaching lessons/punishment is the job of the court.

bris

It's the small claim court, you cant teach anyone a lesson in this court.

You can defend the claim but as you will have nothing to counter claim for all you can get is your expenses if you win.

Why exactly do you think you can get £350?

paddyrg

Only provable losses would be awarded, so £350 is going nowhere. His own losses will be lesson enough

Takecareofthepennies

Are you being sued in a Small Claims court? Some of the above replies seem to imply this, but I cannot see anything in your op.

If so, make sure you get the case heard in your (rather than the claimant's) local court. As a consumer, you have the right to this against a business. Not sure where the two of you are based respectively, but having to travel a distance might already be quite a pain for the other party - especially if it all comes to nothing in the end.

cyclonebri1

bris wrote: »

It's the small claim court, you cant teach anyone a lesson in this court.

You can defend the claim but as you will have nothing to counter claim for all you can get is your expenses if you win.

Why exactly do you think you can get £350?

I can't go into detail but this guy needs stopping if that is a better way of putting it. I don't care about the money, I actually thought the cost of the item would make the point. It was only when I spoke to the court that I was informed £25 was the min charge for anything up to £350
As to what loses?, about 10 hours of phone calls, computer searches and form filling and writing to defend my side. The fact that he claims £160 for a £39 item that I can prove he has had returned means I have to pursue this.

Maybe I should counterclaim back exactly the same amount as he has claimed, there is no legal support claimed by him just £25 court costs and the balance unspecified.
The fact that I have the couriers signed receipt at his trading address, and details of the contents hopefully gives some idea of the situation, but again no more detail.

He has accused me of fraud, that's the basis of his case. I can prove that incorrect and prove it is he who is actually attempting fraud, he has a track record of this, I'm not the 1st but I want to be the last.

Any advice welcome, even if it is "don't bother", I don't like being conned and called a liar so a counterclaim it will be.

cyclonebri1

bryanb wrote: »

Please don't go to court with that in mind.
Teaching lessons/punishment is the job of the court.

But if I don't challenge this correctly then that simply won't happen although admittedly he will "lose his deposit".

I'm retired, have plenty of time and the money isn't important, but seeing a rogue trader get his comeuppance is to me I'm afraid

cyclonebri1

Takecareofthepennies wrote: »

Are you being sued in a Small Claims court? Some of the above replies seem to imply this, but I cannot see anything in your op.

If so, make sure you get the case heard in your (rather than the claimant's) local court. As a consumer, you have the right to this against a business. Not sure where the two of you are based respectively, but having to travel a distance might already be quite a pain for the other party - especially if it all comes to nothing in the end.

Yes it is the small claims court, when I called they said it would be heard in MY local court if I contested it, and yes, we are 150 miles apart geographically, a million miles apart ethically.

Bantex_2

Small claims court is not about punishment or revenge, they will not be interested in that side of things.