grrrrrrr, ebay shmeebay

The_fog_has_lifted

We had to send it copy's of all emails etc and transcripts and receipts etc and the judge made the decision with neither party attending- we were told not to attend. Without attendance means the judge wishes to look at the case without the parties present. Yes it was a private sale.

usefulmale

You will have to ask the court if you can appeal. If you can't, you will have to pay, and then either use the item for what it is used for, or sell it on. Either way, you simply cannot have both the item AND the money.

RFW

usefulmale wrote: »

Is the seller a private seller?

It makes no difference at this stage.

usefulmale wrote:

You will have to ask the court if you can appeal.

If there is a judgement issued, and it's difficult to tell from the posts, then you have to apply to have judgement set aside and give a reason as to why you believed you didn't need to attend court. You actually have to pay for that, except under certain circumstances. It's a fairly lengthy process. Get all your papers together and head off to a CAB. No one on here can really help. It also looks from your footer that you have debts, so you can offer to pay as much/little a you can afford should it move beyond being able to appeal. Again, the CAB would talk you through that. If the CAB can't help, try StepChange or other debt charities who may not initially help but can point you in the right direction.

I just had the thought that you may be in Scotland where things work differently to the rest of the UK. The whole appeal/judge deciding without anyone attending seems odd.

Brooker_Dave

The_fog_has_lifted wrote: »

I didn't attend court as the date in court was set without attendance.

Did you defend it in any way?

RMS2

soolin wrote: »

UK law should have protected the OP here, not forced him to pay back money he received from ebay.

That is exactly what it is not there for. It is there to enact and enable English law, not to hold up some ebay arbitrary rules.


Now, I am not commenting on the outcome of this ebay ruling, but ebay do not set English law and this is something we all have to abide by regardless of what ebay say.


The buyer kept both the refund and the item and didn't bother to turn up to court. Both are a big no, no and the latter basically means that you are not defending yourself, especially if a written submission isn't sent in.


The lesson here is, what ebay say is not above the law and if you're taken to court, expect to lose if you have not kept to the law.

soolin

RMS2 wrote: »

That is exactly what it is not there for. It is there to enact and enable English law, not to hold up some ebay arbitrary rules.


Now, I am not commenting on the outcome of this ebay ruling, but ebay do not set English law and this is something we all have to abide by regardless of what ebay say.


The buyer kept both the refund and the item and didn't bother to turn up to court. Both are a big no, no and the latter basically means that you are not defending yourself, especially if a written submission isn't sent in.


The lesson here is, what ebay say is not above the law and if you're taken to court, expect to lose if you have not kept to the law.

The rules about purchases have always been that where an item is damaged then the seller must make redress and arrange for the item to be returned or collected - I know the rules under which returns are made is now slightly different. However, the law does not allow sellers to refuse to have items back, and frankly, by lying about their address the seller is giving a very poor impression of themselves.

However, none of us on here can give the OP legal advice, that is why getting proper advice has been suggested .

The_fog_has_lifted

Well today in the post the cheque that i sent to the claimant has been returned as they have not collect it from the delivery office. I am peed right off that i spent the best part of 6 quid to send it special delivery to them and they have not bothered to collect it. I phoned the court today and they have said ' you need to send the payment to address listed on the judgement'.
I explained that I did just that even though the claimant is saying they dont live there any more (which is the cause of this whole dispute anyways), now they havent collected the letter with the cheque from the post depot.
I explained all of this to the court clerk and she said that I will have to send it again by special delivery- costing me more money.
I dont know what to do as i dont want to end up even more out of pocked but at the same time i just want this blooming mess to be over.

usefulmale

If you sent it special delivery, keep the receipt to show that you have sent it to the address you were told to. You have complied with the court on that score. If the other side does not collect it, thats not your problem.

You cannot be expected to keep resending via special delivery ad nauseum until the other side collects it.

The_fog_has_lifted

usefulmale wrote: »

If you sent it special delivery, keep the receipt to show that you have sent it to the address you were told to. You have complied with the court on that score. If the other side does not collect it, thats not your problem.

You cannot be expected to keep resending via special delivery ad nauseum until the other side collects it.

thankyou usefulmale:
moving on from this, I contacted the court and explained my situation again, I also explained that I already have their paypal details as this is how I origionally paid for the item. They said it would be fine to transfer the money via paypal. I transfered £125- 100 for the cost of the item and £25 court fee.
I did this and the payment went into their paypal account- fast forward to today and I have received a letter from the court ammending the order as they have written a letter to the judge and now wish to recover an addition £25 for the fees from ebay/paypal.
This means they will have been paid an extra £25 as the ebay and paypal fees they would have always had when they sold the item??
I dont have the money to have this set aside but i also dont have a spare £25, i have so much to sort out already.
I also questioned the fact that i was not allowed to attend court as the hearing was set 'without attendance' and the clerk claims that some judges just prefer to go on statement / written evidence and not have the parties attend court?? im feeling so cheated.
can anyone advise me on what to do now.

ailey

Gosh what a terrible situation to be in just because of an EBay purchase! I really feel for you, thefoghaslifted! I can't offer any advice but sending hugs and I hope you get this sorted out. It sounds like the seller was aware the item was not new, even although it was listed as such, but did not want the bother of having it back and having to relist it so told you a lie about his/her change of address. I hope you get this resolved soon!