Help and advice please :-Been taken to county court for £15 ! yes £15

Samsung_Note2

Would paypal simply not step in and claw back any monies owed...ive used ebay and paypal when had problems and all sorted very quickly.

Just re-read and Anyway , just logged into my ebay account various messages from the seller , they had made a mistake and refunded the 1st order and refunded me £23 , instead of cancelling the 2nd order for £8 . so the seller made a mess of the refund and ended up £15 out of pocket.

Well to me thats a case of tough titty Mr Ebay Seller...maybe next time take more care when refunding monies and ask politely would the buyer refund the money,if they do great and if they dont thats his fault for not bothering to check his refund.

If you have the option of going to court with this..i would simply to highlight what a prat this seller is and how he is wasting everyone's time through his incompetence.

Arleen

Samsung_Note2 wrote: »

Would paypal simply not step in and claw back any monies owed...ive used ebay and paypal when had problems and all sorted very quickly.

Just re-read and Anyway , just logged into my ebay account various messages from the seller , they had made a mistake and refunded the 1st order and refunded me £23 , instead of cancelling the 2nd order for £8 . so the seller made a mess of the refund and ended up £15 out of pocket.

Well to me thats a case of tough titty Mr Ebay Seller...maybe next time take more care when refunding monies and ask politely would the buyer refund the money,if they do great and if they dont thats his fault for not bothering to check his refund.

If you have the option of going to court with this..i would simply to highlight what a prat this seller is and how he is wasting everyone's time through his incompetence.

Will take note of that if you ever come here for advice, because you must be perfect to never make a mistake in your life.

sourcrates

Arleen wrote: »

Will take note of that if you ever come here for advice, because you must be perfect to never make a mistake in your life.

But he is now trying to rectify his error, by taking the customer to court, to re-coup money the OP didn't ask for.

Its not surprising, as eBay is full of scam artists, and this particular seller may of been a victim of fraud previously, i find in these situations that ringing the seller and explaining nothing untoward has occurred, admit that you have both made errors here, and see if you can come to an amicable agreement, might be the way forward, at any rate, its worth a phone call, after Christmas obviously, unless you receive the court papers in the mean time.

Arleen

sourcrates wrote: »

But he is now trying to rectify his error, by taking the customer to court, to re-coup money the OP didn't ask for.

Its not surprising, as eBay is full of scam artists, and this particular seller may of been a victim of fraud previously, i find in these situations that ringing the seller and explaining nothing untoward has occurred, admit that you have both made errors here, and see if you can come to an amicable agreement, might be the way forward, at any rate, its worth a phone call, after Christmas obviously, unless you receive the court papers in the mean time.

But OP got the money that isn't his, and then for all the seller knows (doesn't seem to be the case, but that's what he sees) figured "who will take me to court for 15 quid? No one, so I will keep it" and thus went to court for the money he is due. Even OP doesn't deny that he should return the money, so there is little point arguing it, and the seller is correct in chasing after it. At least just based on what OP said, there may be more of course.

And as phonecall is, of course, worth trying, from OP it seems that the seller already filled the paperwork so he will also likley now want to recoup his court costs (which again is fair) so to pay back it's best to do it through court forms now and get it both dealt with at the same time.

justwondering25

Arleen wrote: »

You are likely confusing the pre action protocol for claims made by businesses who make debt claims, which would be correct for them. But to make a money claim against another individual doesn't have such requirements, just that you tried to resolve it. And the mountain of ebay messages will be plenty for that.

But the seller is a registered VAT business, I am a individual, I am also a sole trader, the items where for use in my business.

The seller of course may not know that, as my ebay account is not registered as a business account as that particular account is my buying account.

Strange no letter is required, considering the cost of a stamp.

Arleen

justwondering25 wrote: »

But the seller is a registered VAT business, I am a individual, I am also a sole trader, the items where for use in my business.

The seller, of course, may not know that, as my ebay account is not registered as a business account as that particular account is my buying account.

Strange no letter is required, considering the cost of a stamp.

This isn't a debt case to begin with, if you want to read up check out: https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

And well, given that you didn't respod to a myriad of emails, why would he think that you will suddenly respond to a letter? It would waste more of his time and money, so he went right for court. It's really hard to blame him after weeks of messages.

justwondering25

Arleen wrote: »

This isn't a debt case to begin with, if you want to read up check out: https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

And well, given that you didn't respod to a myriad of emails, why would he think that you will suddenly respond to a letter? It would waste more of his time and money, so he went right for court. It's really hard to blame him after weeks of messages.

But why is it not considered as a debt? To a business.

The seller is VAT registered and registered as a business seller on ebay.

The money owed in the sum of £15 is a outstanding amount owed to a business.

Arleen

justwondering25 wrote: »

But why is it not considered as a debt? To a business.

The seller is VAT registered and registered as a business seller on ebay.

The money owed in the sum of £15 is a outstanding amount owed to a business.

I gave you a link to read if you are curious. But the more you post the more I start to think you just didn't want to pay it back and can't belive that you were caught on it, so maybe quit while you are ahead.

justwondering25

Arleen wrote: »

I gave you a link to read if you are curious. But the more you post the more I start to think you just didn't want to pay it back and can't belive that you were caught on it, so maybe quit while you are ahead.

Thank you for your replies Arleen.

If a seller who has sold to a sole trader has not followed protocol over £15, when the mistake is not mine and that the whole matter was fully discovered last night, surely protocol has to be followed.

I do not log into my ebay account daily or Weekly, only when required.

A letter via Royal mail at the cost of a stamp would of drawn my attention to the matter.

So all I am asking is should the seller of sent me a letter first as detailed in the pdf file you posted that defines protocol.

I am happy to pay the seller the £15, but unhappy at paying a further £25 fee, all because the seller according to the link you sent, should first of sent me a letter.

I am not looking for sympathy or a way to not pay...

Considering I did not cause the seller to make their mistake.. A £15 outstanding amount jumping to £40 is unfair with out following protocol.

They are a registered VAT business seller, I am a individual but also a self employed sole trader

Arleen

Read that link in full, not parts as it says clearly that this doesn't apply (hint, the seller is not your creditor, and you are not his debtor). And this mess could've been avoided if you didn't ignore the messages or the emails from ebay/paypal about unexpected 23 quid return. But alas it's what it is, live with it.