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Refusing to pay money owed to eBay

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  • Pun
    Pun Posts: 740 Forumite
    I've been Money Tipped!
    bris wrote: »

    To understand why Ebay can't and will never try to recover a debt like this through the courts you need to read and understand the huge case Ebay v tiffany.

    Quite an old case and one which was heard in the US courts, so of little relevance to this particular thread.
  • soolin
    soolin Posts: 74,129 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Pun wrote: »
    Quite an old case and one which was heard in the US courts, so of little relevance to this particular thread.

    I have joined several US based forums and am always surprised at how contract laws differ!
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Pun wrote: »
    Quite an old case and one which was heard in the US courts, so of little relevance to this particular thread.
    It has every relevance to this thread as the outcome would have reverberated round the world.


    Whilst yes we do have different laws those laws are not as different as you might think. In fact our laws are all based on the same old values that have been around for hundreds of years all dating back to the Roman Empire.


    Do you really think Tiffany would have given up suing them in every country in the world they operate in if they thought it would go there way over here?


    Ebay made a case against Tiffany, that case protects the OP in this case.
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
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    bris wrote: »
    It has every relevance to this thread as the outcome would have reverberated round the world.


    Whilst yes we do have different laws those laws are not as different as you might think. In fact our laws are all based on the same old values that have been around for hundreds of years all dating back to the Roman Empire.


    Do you really think Tiffany would have given up suing them in every country in the world they operate in if they thought it would go there way over here?


    Ebay made a case against Tiffany, that case protects the OP in this case.

    English law can derive assistance from stated cases in other countries [the USA in your scenario], but it in no way influences the outcome of challenges here.

    If it were a stated case in the EU, that would be slightly more influential but nonetheless still allows our own legal system to challenge and rule.

    A case in the USA goes no way to helping the OP unless that stated case made eBay make a decision on how they operate in the UK. I can't see that it has.
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    likelyfran wrote: »
    OP said they 'detailed the dress defects'.
    I'm taking them at their word.
    Also, in my experience of ebay reps, they don't need to employ more reps, they just need to employ reps with better comprehension capabilities and less tendency to just throw out stock 'I'm here to help' phrases whilst not reading your initial details then asking you what they are several exchanges later.

    Read all they wrote
    We sold our wedding dress on eBay to a buyer in Greece. On the auction and separate videos that was sent to the buyer we detailed the dress defects (hem needing repaired - what you’d expect from trailing a dress around on your wedding day). We offered to repair before agreeing to the sale but the buyer said they’d make the repairs themselves.

    Fast forward to when they received the dress, to our anger they raised a dispute saying the dress has defects which we didn’t make them aware of (the dress was taken in at the side as a way of resizing). We disputed that it wasn’t a defect

    That reads to me that they didnt list this fact.
  • soolin
    soolin Posts: 74,129 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    custardy wrote: »
    Read all they wrote



    That reads to me that they didnt list this fact.

    Well pointed out- but of course ebay and buyers have to automatically be the bad guys !

    I wonder if people are generally then happy to receive misdescribed items and not expect to be able to return them?
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • Archergirl
    Archergirl Posts: 1,845 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I wonder what size the listing said it was and what size it actually was (after being taken in)
  • RMS2
    RMS2 Posts: 335 Forumite
    soolin wrote: »
    I would certainly not be advocating trying to use eBay and PayPal again , the stealth account nonsense is all very well in theory, but is rarely successful for long in reality.

    As far as PayPal are concerned the buyer has defrauded them of money, that's what refusing to pay a debt actually means. Ultimately PayPal having to pay out monies where a seller defrauds them just costs the rest of us more money in fees .

    Absolute rubbish Soolin. Do you have any experience of falling out with ebay and having accounts cancelled and starting up new accounts?

    No you do not. Whereas I do. Opening Paypal accounts is easy. Opening ebay accounts is slightly more complicated. If you open and use a buying account, no problem. If you use it to sell, then they become interested in you, link your old account and start restricting you.

    Before you respond to this, please answer the following.

    A) I have never fallen out with ebay/paypal and set up new accounts, therefore I have no personal experience of what happens.

    B) I have fallen out with ebay/paypal, not paid the money and set up new accounts and have experience of this.

    I fall in the latter category.
  • RMS2
    RMS2 Posts: 335 Forumite
    Setting up another account will ultimately end the same way, with the account being closed and (if it is a selling account) with monies being frozen.

    It is not good advice.

    No it won't and I said setting up a new a account for selling is tricky.
  • RMS2
    RMS2 Posts: 335 Forumite
    RFW wrote: »
    I agree with that. I would add that some debt collectors are now taking court claims out. Mostly in the hope that this will scare the debtor into paying immediately or failing that, ignore it and they can send bailiffs in to collect on a CCJ. If that does happen (it would be 6 months + down the line) then you'd need to defend the case and see if it went to court.

    I don't know if this is happening with Ebay debtors/collectors but it is happening.

    I'd also add that just because we haven't heard of Ebay taking anyone to court doesn't mean it isn't happening (I'm not saying it is). Most people are too embarrassed to say they've been sued, even anonymously.

    A bit of common sense here and good advice.

    Ebay can sell the dbt on and the debt collectors can chance their arm and issue a court summons. Anybody can issue a court summons. If you ignore it and don't turn up, then you will invariably lose by default. You must turn up and defend, or at least defend online at moneyclaim. The plaintiff won't stand a chance.
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