eBay dispute - seller threatening small claims court

Smartsaver7

FluffityBunny wrote: »

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.

I know , I was suggesting in a roundabout way that OP's questions may spook her if doing it on the sly and therefore dropping her sillyness.

Autumnella

Don't let her bully you into backing down. The fact that she offered you £50 refund to repair the item admits that she knew about it to me.

wealdroam

FluffityBunny wrote: »

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.

Everyone who completes a income tax return, whether self employed or not, has a Unique Taxpayer Reference.

EWJ1

When she offered the money she did say that she hadn't seen any damage. One of the holes is so big I can almost fit my hand through it. I would never sell anything in that condition. It is awful!

ellejm

Firstly you don't need to send EBAY her messages, they can automatically see them..call EBAY and tell them the item details and what she's threatened..

You are protected by EBAY and must follow their course of action which will be a return..you need to escalate on day 8 which will then generate her address to post it back to..only send it back to this address and no others or you won't be protected..you MUST send this by a recorded method with tracking and this is vital or the seller can claim not receiving it....
The seller does not have to receive it ie if she decides not to collect it or is out constantly it makes no difference, you only have to prove you posted it, and must retain your tracking number..

I have been on eBay over 10 years as a buyer and seller, and my guess is she's spent the cash and is hitting out..don't listen, bullies respond to strength!

unholyangel

EWJ1 wrote: »

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?

Was the packaging damaged at all or just the item? If it was, to me that would indicate its been the courier. If not then the sellers shipped it like that.

Some costs can be claimed in small claims but its limited. Solicitors costs wont be awarded even if she won unless perhaps you were wholly unreasonable in your behaviour.

The judge would probably take into account ebays policy considerations - given she agreed to abide by them when she listed her item on their site, so those terms could potentially be used against her by you depending on what exactly they say.

What do you mean she's an individual seller? Does she sell a lot of similar items or sell regularly or is it just one off sales? Its very important because if she sells in the course of a business (even if she's trading as a person rather than a company name), you have statutory rights protecting you. In other words, we're not asking what kind of ebay account she has. We're asking for the purposes of legislation and what they deem to be a business seller.

pinkshoes

EWJ1 wrote: »

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?

Stop worrying!

Be firm and polite in the ebay dispute, and insist on the item being not as described, and the seller should pay return postage.

The fact she offered a partial refund indicates that she probably DID know there was some damage, and was hoping it would not be noticed.

She would need to prove you DID damage it, and not you prove you didn't. Think logically... you loved the dress and wanted to wear it, so why on earth would you damage it??? I very much doubt her video will show the damage.

Return it tracked if/when told to do so. Take CLEAR pictures of the dress. Keep the message of her offering a partial refund.

LilElvis

Out of interest did the listing say that items could be returned?

bris

It's the reason I stopped selling on Ebay, for every one honest person like the OP there are ten who will buy the party dress for the big night then start a claim on the Monday.

arcon5

EBay's decision is will have no relevance in court!! The court enforce the law, not a private companies policy.

Saying that I don't think she has a case. Ignore her, let eBay refund you and keep ignoring unless she is arranging collection or issuing court proceedings.