eBay Unpaid item-DEBT COLLECTION AGENCY

enbs

Hello, two days ago I was emailed by a debt collection agency by the name of Mediafinanz, they mentioned that they allegedly informed in Feb. But I did not get such an email.

They are basically demanding I pay for an item, I accidentally ordered. And then obviously I didn't pay for it cause I didn't need or want it. This happened in 2013.

I immediately called eBay, they told me that they can't force me to pay for something I don't want to. And they told me that I am not liable to pay for anything. The most the seller can do is give me a strike for an unpaid item. Thats what they told me.

Well, I did email this agency back telling them that I am not liable for this. But they are telling me that I've entered into a binding prepayment contract. And they are threatening to sue me if I don't pay within 4 days.
This agency is from Germany, that where the seller is from too.

I am dead worried. I do not want to get sued. They said that if I don't pay now, they'll also add attorney costs and bailiff costs too.

Are they just bluffing? Do they have any authority to sue me? Because I do not have that item, I'd understand all this if I actually received the item. But I did not. So I don't want to pay 70+ euros for something I did not want in the first place.


What id your advice, what do I do?

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Message 1:

as we have already informed you with our letter dated 27 Feb 2015, the company - has appointed us with the collection of an outstanding payment. For this contracts of purchase concerning delivery of goods by prepayment latest since 29 Dec 2013

you owe our client a total amount of EUR19.60. A detailed list of the principal claim and dunning costs of our client can be seen in the attachement. Unfortunately, you have also not responded to our reminder dated 27 Feb 2015. In order to avoid additional costs, we ask you to pay the outstanding amount plus accrued default costs immediately.

The total claim which you must settle consists of the following:

our client's basic claim (value of the property for collection charges): EUR19.60
our client's dunning costs, to date: EUR3.00
debt collection charges § 4 Abs. 5 RDGEG i.V.m. §§ 2, 13, Nr. 2300 VV RVG i.V.m. §§ 280, 286 BGB: EUR45.00
debt collection expenses § 4 Abs. 5 RDGEG i.V.m. §§ 2, 13, Nr. 7002 VV RVG i.V.m. §§ 280, 286 BGB: EUR9.00

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Total amount still outstanding (dated: 17 Mar 2015): EUR76.60

The asserted claim amounting of EUR76.60 is to be transferred to our bank account indicated below within the next 4 days indicating the file number -.

After the expiration of the deadline, we will have the claim assigned to us and initiate a judicial collection procedure according to §§ 688 ff. ZPO (Civil Process Order) with which considerable court and attorney costs will accrue and, if necessary, also enforcement costs for the bailiff.

After the implementation of judicial enforcement proceedings, the loss of your creditworthiness must be taken into consideration due to the registration in the official list of debtors. Therefore, in your own interest, please settle this claim within the set time limit.

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Message 2:

thank you for your message.

You have used your password-protected eBay account - to enter into a binding pre-payment purchase contract and therefore undertaken to accept the goods. The goods will be supplied when the amount has been paid into our account.
I am able to advise you that Afterbuy Sales Management which is connected with our Client has sent details of the bank account to your e-mail address -. The reminder was also sent to the quoted e-mail address.

I therefore again refer to periods and amounts of our reminders and remain

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Message 3:

thank you for your message.

Please note that the holder of an eBay account is responsible for all sales transactions made through this account.
In order to avoid further costs we request you again to settle the pending sum plus the accumulated distortion costs immediately.

Marktheshark

Until the goods are supplied then you have protection of our consumer laws here.
No goods usually = No contract.

enbs

Marktheshark wrote: »

Until the goods are supplied then you have protection of our consumer laws here.
No goods usually = No contract.

"Here" where exactly?
Does that apply to germany? And can they actually sue me? Or are they just bluffing to get me to pay them?

Marktheshark

What could they sue you for if they still have the goods ?
A Mexican stand-off, you wont pay, so they wont send the stuff.
Does that mean they are out of pocket to the tune of the value of the goods whilst still having those goods to sell to someone else ?
No of course not, at most they could ask the court to order the contract to be fulfilled, but as thats not a county court issue, it would cost them thousands.
They might have redress to the actual loss, but as they have not listed one, then there must not be a loss to sue for.
Which brings us back to the first point.

mrcol1000

It sounds to me like they are hoping that as it is a fairly small amount that you will just pay it so that it goes away. By huffing and puffing they will scare you into paying.

Personally I would have not entered into any kind of communication with them. i would just ignore their communication now and be more careful on Ebay in future.

glentoran99

https://www.mediafinanz.de/en

Personally i would ignore them and add their address to spam filter

glentoran99

They are telling you that you must pay, but under distance selling regulations you had every right to change your mind

Seems to be a german thing this legal action

http://tamebay.com/2013/11/legal-requirements-for-selling-on-ebay-germany.html

German sellers aren’t reticent about taking legal action against each
other.

asajj

I have had buyers not paid for an item in the past and all I had to was to cancel the transaction. Next time perhaps cancel your transaction if you change your mind.

Also have you told them that you haven't received any goods?

RFW

glentoran99 wrote: »

They are telling you that you must pay, but under distance selling regulations you had every right to change your mind

Seems to be a german thing this legal action

http://tamebay.com/2013/11/legal-requirements-for-selling-on-ebay-germany.html

Yes, as far as I know, distance selling regulations cover all EU members, so a buyer has 14 days to change their mind and either not accept goods or return upon receipt.

Just ignore it and it will go away.

Personally, I'd be tempted to wind them up a bit, I hate getting threatened legally when it's pretty much an empty threat. Then again, the last time I did that they actually took me to court (not Ebay related), I won, and costs but it was still a pain. So, maybe don't wind them up!

grintricha

add them to your spam filter and ignore

but in future don't bid on things you don't want to win, it's bad m'kay!

bxboards

'They are basically demanding I pay for an item, I accidentally ordered. And then obviously I didn't pay for it cause I didn't need or want it. This happened in 2013.'

Did you ask them to Cancel the order?

You have right to Cancellation, but this must be positively asserted. If you just ignored them, and didn't pay, then I suspect that you'd probably lose if it came to Court. However in reality, I can't see them bothering for 19 euros.

If you failed to ask them to Cancel the order, then I think almost certainly you'd lose.