eBay dispute - seller threatening small claims court

EWJ1

Hi. I am looking for any advice available please. I bought an expensive item of clothing on eBay (cost £220 including postage). When the item arrived, it was torn in several places and not in the excellent condition described by the seller. I immediately contacted the seller and provided her with photos of the damage. She offered me a £50 refund to have the item repaired, which I refused. I explained that I wanted a refund. When I didn't get a response, I opened a dispute with her. I can escalate the claim next week and eBay will make a decision. In the meantime, I have received a very threatening email from the seller saying that if eBay rule in my favour, she is going to take me to small claims court and claim solicitor fees, time off work and repair costs for the item. She says she has a video of the item from before she posted it and can prove that I have maliciously damaged her item. I am now beside myself with worry. I know I haven't done anything to her item but if she takes me to court I don't know how to prove that. I took photos as soon as I received the item and messages her straight away. It will also cost me more than the item to travel to the court to defend myself. I have been so worried today that I have been sick and almost had a panic attack. Please can someone help advise me. I am sick with worry. Any help will be greatly appreciated. Thanks in advance.

Smartsaver7

If as the defendant you lose , yes you could end up paying her fees, however if Ebay find in your favour , she would be hard pressed to show you have acted unreasonably. Also if Ebay find in your favour I believe they will ask her to resolve the dispute and refund you , once refunded through a resolution process unlikely a SCC will overturn that decision.

As for the video ask to see it, it may even be of another identical item, hardly evidential unless she can prove it's the one sent to you.

What is her feedback like ?? any other complaints from buyers.

Sounds to me empty threats and just hoping you will give in , it's up to you if you want to take the risk , you could hold out to see if she does actually go down the small claims court route and settle before the date of hearing ( not sure if would be liable for anything other than what you owed her)

Also why would she be able to claim repair costs for the item , you would still own it as paid for it ??!!

As an aside a lot of Ebay ( one man / woman band) sellers who trade online don't inform HMRC , the last thing they want is coming to notice if you get my drift, ask for her VAT number , check to see if registered as a company and who you are dealing with. Does she really want negative feedback if Ebay find in your favour ??!!

If that was me if Ebay found in my favour, I would run with it out of principle.

EWJ1

Thank you for your advice. She is not a business seller but an individual. Her feedback is quite good and she seemed lovely until I complained about the dress. We had a lot of correspondence through eBay and text messages. I do believe that it is a video of the same item but a video can be selective in what it shows. Also she told me she had a video of the item when she posted it so why would I then damage the item and try to return it if I know she has a video of it? I just don't know what to do and am completely imagining the worst. I will wait and see what eBay say. I am also worried though that if I return the item, she might then damage it even more before taking me to court. She says she has been to see a solicitor and shown them the video and they have advised small claims court. Can anyone advise the process of small claims and what I would need to do to defend myself? Thanks

DCFC79

Don't send the item back to her, or not yet anyway.

https://www.citizensadvice.org.uk/law-and-rights/legal-system/taking-legal-action/small-claims/#h-starting-a-claim

Smartsaver7

I can't help you with the process as never been , can download info here from govt site
https://www.google.co.uk/?gws_rd=ssl#q=small+claims+court+process
I also suggest going to a CAB rather than rely on any legal advice on here as maybe out of date or incorrect

I suggest you don't return it , if she is selling loads of goods ( ie multiple of the same items) she is a business and needs to declare and pay tax , many Ebay sole traders don't , ask her for her VAT number that might spook her, tell her you wish to check she is a genuine trader.

LilElvis

Smartsaver7 wrote: »

I can't help you with the process as never been , can download info here from govt site
https://www.google.co.uk/?gws_rd=ssl#q=small+claims+court+process
I also suggest going to a CAB rather than rely on any legal advice on here as maybe out of date or incorrect

I suggest you don't return it , if she is selling loads of goods ( ie multiple of the same items) she is a business and needs to declare and pay tax , many Ebay sole traders don't , ask her for her VAT number that might spook her, tell her you wish to check she is a genuine trader.

Even a legitimate seller wouldn't necessarily be registered for VAT as it would depend on their turnover.

Bogalot

The likelihood is that she is trying to spook you with the small claims threat. However if she did follow through with it she won't be able to claim solicitor costs, only reasonable out of pocket costs.

If she is genuinely selling her own items then she doesn't need to be registered as self employed, or for VAT.

With regard to any decision ebay make, the court will pay little attention to it, it has no legal standing. What they will do is consider the two accounts of what has happened, and decide which is more believable. Given that she previously offered you a partial refund, this would indicate to me that your version is more believable. There is no guarantee a judge would agree with my view.

FluffityBunny

Smartsaver7 wrote: »

I can't help you with the process as never been , can download info here from govt site
https://www.google.co.uk/?gws_rd=ssl#q=small+claims+court+process
I also suggest going to a CAB rather than rely on any legal advice on here as maybe out of date or incorrect

I suggest you don't return it , if she is selling loads of goods ( ie multiple of the same items) she is a business and needs to declare and pay tax , many Ebay sole traders don't , ask her for her VAT number that might spook her, tell her you wish to check she is a genuine trader.

You can be self employed and NOT be VAT registered, so she may very well say she doesn't have a VAT number. You could ask her for her UTR number (which all self employed people will have if they are legitimate) but there is no way of checking this as the tax office would not check this number unless it belongs to you and you can answer all the personal security questions.

LilElvis

EWJ1 wrote: »

Thank you for your advice. She is not a business seller but an individual. Her feedback is quite good and she seemed lovely until I complained about the dress. We had a lot of correspondence through eBay and text messages. I do believe that it is a video of the same item but a video can be selective in what it shows. Also she told me she had a video of the item when she posted it so why would I then damage the item and try to return it if I know she has a video of it? I just don't know what to do and am completely imagining the worst. I will wait and see what eBay say. I am also worried though that if I return the item, she might then damage it even more before taking me to court. She says she has been to see a solicitor and shown them the video and they have advised small claims court. Can anyone advise the process of small claims and what I would need to do to defend myself? Thanks

She's lying to you in an attempt to scare you into dropping your claim. She won't have been to consult a solicitor as that would have cost her money. She also won't be able to claim those costs back from you in the small claims court. I'm sure others will be along later to confirm that she also won't be able to claim for lost earnings.

Take it straight to ebay - and forward to them any threatening messages she has sent.

foxtrotoscar_2

EWJ1 start a thread in the ebay board here:-


http://forums.moneysavingexpert.com/forumdisplay.php?f=40


You'll get help from the knowledgeable and experienced people there, listen especially from soolin if she replies.

EWJ1

Thank you to everyone for their comments. She is an individual seller and won't be vat registered. She seems adamant that I have damaged her dress but it is still in exactly the same condition as it was when I took it out the box. I don't understand how she could have missed the damage and she seemed so genuine.Travelling to small claims will cost a lot more than the price of the dress but I don't want to back down as I know that I am in the right. Her threatening email is certainly having the desired effect. I am terrified. All I have is some photos of the dress (and the dress itself). How can I prove I haven't done anything?