I bought something on paypal that didnt work and seller threatening with a ccj

ned213

hi everyone , really need some advise,

i saw an item on ebay and they had some extras so i paypaled them £65 turns out the item doesn't work properly so put in a depute through paypal. im now having threatening messages saying they are going to court at putting a ccj on my address no matter what, they say im going to damage it wen i send it back, this cant be allowed surely as it was my money in the first place , thing is im saving for a mortgage and need my credit history good. any ideas?

elsien

ned213 wrote: »

hi everyone , really need some advise,

i saw an item on ebay and they had some extras so i paypaled them £65 turns out the item doesn't work properly so put in a depute through paypal. im now having threatening messages saying they are going to court at putting a ccj on my address no matter what, they say im going to damage it wen i send it back, this cant be allowed surely as it was my money in the first place , thing is im saving for a mortgage and need my credit history good. any ideas?

Sorry, you're going to have to translate.
And give a bit more information.
How far has the PayPal dispute got?
Have you returned the item yet?
Who is talking about damaging it?

sourcrates

Hi,

Sounds like a keyboard warrier to me.

You need to understand the court process a little here, no one can just "put a CCJ on your address".

The claimant would have to put in a claim to the court, you would then receive the court papers, and you would have the opportunity to admit, or defend the claim.

The judge would then decide the matter, based on the evidence, not the hearsay of the claimant.

Did you win your paypal dispute ?

Have you returned the goods ?

Just clarify the situation for us.

susank

All the emails should go through Paypal when a dispute is ongoing - and so I would suggest you go to your paypal dispute and attach all these emails to paypal and leave it up to them - I had one last week - goods bought never turned up and the company would not respond - was escalated and I got my money refunded by Paypal no problems, But do not enter into any correspondence via email and not copied to paypal.

ned213

cheers for the reply's, current situation sory ill be more clear.

made payment on the 28th of July through paypal.

received the transmitter two weeks later .

on Monday the 15th august i tryed it out and found out its not working properly.

Tuesday the 16th raised the issue with paypal ,but i didn't escalate it to see what the seller would say ,

on Wednesday paypal escalated to a claim , i think the seller messages to paypal had something to do with that

currently waiting for a claims specialist is review the case.

we have contact through ebay messages and this is a recent one from this morning..
I AM NOW GOING TO ISSUE A CCJ UNDER YOUR HOME ADDRESS FOR DAMAGES , HAS YOU HAD NEVER SAID,AND HAS YOU NOW CLAM THE ITEM IS DAMAGED, SO YOU WILL DAMAGE THE ITEM FOR RETURN ,SO TO COVER MYSELF I WILL ISSUE THIS IN THE S.C COURT NO MATTER WHAT VERDICT PAYPAL HAVE , ALL MESSAGES AND INFORMATION HAS BEEN SENT TO PAYPAL ALSO

sourcrates

Ok,

So this charming person has threatened to issue a court claim no matter what the outcome of the papal dispute, that`s nice of them.

Personally i think its all a lot of hot air, as they wouldn't have a leg to stand on, it would cost them money to issue a claim, and you would have an excellent defense.

If this person was stupid enough to proceed, it would be thrown out of court, as there is no basis to it, it would in fact be viewed as fraudulent, and could have serious consequences for them.

Practice direction rules are here :

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

I would keep a copy of all correspondence in this matter, as they appear to have incriminated themselves already with the above email.

ned213

thanks for the reply .great news.

earlier i was thinking of sending a message to the seller and say ill cancel the claim and accept the loss of £65 even though i am not in the wrong , only due to the fact i cant risk a ccj on my credit score , saving for a mortgage is hard enough without the hassle of that .

will see what paypal say and go and print the emails out .

i shall do video of the problem with the transmitter for reference.

thank you sourcrates mind is more at rest now :beer:

dancingfairy

You only get a ccj IF they take it to court, IF they win and IF you don't pay up within 28 days of the court decision (think it's 28 days). Point is your not going to just get a ccj.
Df

stuart30

ned213 wrote: »

cheers for the reply's, current situation sory ill be more clear.

made payment on the 28th of July through paypal.

received the transmitter two weeks later .

on Monday the 15th august i tryed it out and found out its not working properly.

Tuesday the 16th raised the issue with paypal ,but i didn't escalate it to see what the seller would say ,

on Wednesday paypal escalated to a claim , i think the seller messages to paypal had something to do with that

currently waiting for a claims specialist is review the case.

we have contact through ebay messages and this is a recent one from this morning..
I AM NOW GOING TO ISSUE A CCJ UNDER YOUR HOME ADDRESS FOR DAMAGES , HAS YOU HAD NEVER SAID,AND HAS YOU NOW CLAM THE ITEM IS DAMAGED, SO YOU WILL DAMAGE THE ITEM FOR RETURN ,SO TO COVER MYSELF I WILL ISSUE THIS IN THE S.C COURT NO MATTER WHAT VERDICT PAYPAL HAVE , ALL MESSAGES AND INFORMATION HAS BEEN SENT TO PAYPAL ALSO

Is seriously have a good read up on both ebay and paypal and how a refund is obtained.

Ebay will protect you and even if seller doesnt agree to refund...Ebay will refund and then chase them for debt.

If you wasnt so worried id be openly laughing as the seller is a complete and utter tool....id love for you to post his ebay ID as id like to buy from them.:D

PositiveBalance

stuart30 wrote: »

Is seriously have a good read up on both ebay and paypal and how a refund is obtained.

Ebay will protect you and even if seller doesnt agree to refund...Ebay will refund and then chase them for debt.

If you wasnt so worried id be openly laughing as the seller is a complete and utter tool....id love for you to post his ebay ID as id like to buy from them.:D

:rotfl: :rotfl: :rotfl: :rotfl: :rotfl:

Ditto! Your seller is an utter chancer hoping to intimidate you into retreating.

Don't take any of it - Ebay/Paypal are ruthless at pursuing sellers who misbehave as it's their reputation on the line. Case in point: my sibling bought something off Ebay that never materialised. Sibling waited a bit, then contacted Ebay who issued the seller with a legal letter as they had broken their T&C of their contract with Ebay.

Item arrived on the doorstep a few days later.

Don't worry about your seller. Follow the procedure and you should be alright.

Helvetica_Van_Buren

- Photograph or video the item in its current condition before you return it.

- Return the item in accordance with eBay policy.

- A CCJ will only be registered on your credit report if it goes to court and you lose.

- Keep as evidence the communication where the seller states they will damage it.

- Respectfully, educate yourself with regards to consumer law, civil law, CCJs, eBay & PayPal policy, and credit reports.

There's really nothing to worry about here.