eBay dispute - seller threatening small claims

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.

theonlywayisup

Do NOT worry.

Do not close or write anything in the dispute.

What date did you purchase, when did you open a case/dispute?

When you opened the dispute did you upload the photos and give a clear (not waffly) account of the situation?

Was this a business or private seller.

If you get lots of posts in response on here, and you don't understand what is being asked, just ask. We are all here to help you and give advice, you don't have to rush and do anything but it will help if we know the timescales.

shaun_from_Africa

Firstly, don't worry too much about possible court action.
Whilst it may be true that this has been attempted once or twice, it's extremely rare and unlikely to happen.

Secondly. If the seller is so sure that the item was okay when you received it and you deliberately damaged it, why would she have offered you £50 to get it repaired?

As to her "video evidence".
I could film myself packing a Gucci jacket and then post a Primark jacket to someone.

I would suggest that you send her one final e-mail clearly stating that you did not damage the goods and if she decided to take legal action then you will defend this and will request to have the case moved to your local court.

the_lunatic_is_in_my_head

EWJ1 wrote: »

claim solicitor fees

For starters she can't do that, the costs allowed to be claimed are very limited and the suggestion would imply an idle threat.

theonlywayisup

I wouldn't contact her further, I know Shaun suggests you do, but these situations have a way of becoming worse. You have the upper hand. You don't need to give any further ammo.

missile

Just bide your time and escalate the claim next week. When you do copy eBay with those threatening e mails you have received.

It is very unlikely event that she will take you to court and based on your post she would loose.

EWJ1

Thanks for your help. I won the bid and paid on Monday. She posted on the Tuesday and I received it on Thursday. It was posted to my boyfriend's work and he brought it home with him Thursday evening. I opened it about 6 and examined it. Found several tears and send her a text and photos of damage at 7:15. She responded asking me what I wanted to do. I had to go out to a work event and I explained this to her and said I would be in touch after the event. I sent her another message that night with more photos and describing the damage. On the Friday morning she said she would put £50 in my account to cover the repair but other than that I could return it and she would refund my money. I said I would look into postage costs as it is a huge box. I checked costs at the Post office Friday lunchtime and sent her another text but got no response. Sat morning I requested a return formally on eBay. She responded Monday morning to say she had contacted eBay and submitted video evidence of the dress before she posted it and eBay has said I would not win anything. She also said she had been to see her solicitor Monday morning, taking time off work. Her solicitor had advised that if eBay refund me then she should take me to small claims court. She said she would be claiming the cost of her solicitor, time off work and the cost of a professional repair to the dress for the damage I have caused to it whilst it has been in my possession. I think I can escalate the eBay claim on the 21st November. Please help!

theonlywayisup

Ok, so take a breath. You have the upper hand.

If you have added photos to the case showing the damage and explained clearly that this is how it was received, I would not add anymore. Purely and simply because the people that oversee the cases aren't from the UK and a lot can be lost in translation.

Have a look at what you've written, be sure it says the item was received damaged and has photos.

Then, you need do nothing more.

On day 8 (and it will be to the second) you can ask Ebay to "step-in".

If you have added those photos and there isn't anything to suggest you've worn the item, you will be told the case has gone in your favour. Ebay will tell you to return the item to the seller.

Ignore any threats or emails that come.

The seller should supply you a prepaid label to return the item. If they don't then you can ask eBay for one (let's cross that bridge when we come to it).

Is everything clear so far?

EWJ1

It was a wedding dress so there is no chance I could have worn it from the time it was delivered to the time I contacted her! Is there any way I can attach photos to here to show you my message to her on eBay asking for a refund? Not sure I can type it all again! It was quite long winded so maybe I should send a very concise message to confirm it is not as described, I have not caused any damage to it and I wish to be refunded? I don't know if I can escalate it to the second as I am not allowed my phone out at work. Will that matter. Could eBay make a decision without me? I'm so worried that even if eBay rule in my favour, I will then have to defend myself in court.

theonlywayisup

I can't stress too much that you need to stop worrying.

You don't need to add photos here.

Just make sure you've got the case open, you've added a photo or two showing the damage and you've some text/message which says it was received damaged.

Don't stress about what've you done/said already. With eBay cases, it's usually always found in the buyers favour.

You can escalate the case to eBay on day 8, (to the second) and I said that purely because people try and escalate it too soon. It doesn't mean you need to do it that second, just that you can't do it a second before. You've plenty of time and you will get plenty of warning from eBay as to what you need to do.

If you do nothing more, you wait until day 8 and then (at your earliest convenience) escalate it.

Do not close the case in the meantime because you cannot reopen it.

If you keep calm and deal with the case as explained here, you will win it.

If you get stuck or need help, come back here and update what help you need.

forgotmyname

a 0.00000000000001% of them even thinking of court action.

They have offered £50 to repair the item, if they have proof the item was in good condition then why would they offer this?

They can prove nothing.