eBay and unfair Debt Collection

User3726

Hello, after advice. I sold an iPhone on Ebay back in 2014, perfect condition, photos of it, everything. Buyer damaged and wanted refund. Told eBay buyer wasn’t being honest, was assured nothing would be done until I had the phone back and ebay had a chance to review. Next day, before I received the damaged phone back, ebay had refunded in full and demanded I pay them back. I made endless calls to ebay, followed their processes, was assured by ebay reps that they would look into, but every time they never followed up and kept demanding I pay the refund. The iPhone was sent back, but clearly damaged. Ebay in the calls also advised not to do anything with the phone as would be needed as they investigated. After around 5 months of trying to get help I gave up. Ebay stopped sending emails for the amount and locked account. Now 2.5 yrs later I have received a letter from Transcom demanding the amount! Consumer helplines don’t want to know as with debt collector, debt support lines just say write to ebay, and there seems to be no one ebay answer to (financial ombudsman not interested). How will this end?

forgotmyname

They will either go away or take you to court.

You have the phone and the money. You cannot have both.

mrcol1000

As above. It may have been damaged in the post. Even well packaged items can get damaged by handling by couriers/Royal Mail

User3726

Thanks for quick replies. I offered to give the phone back, I never agreed to accept it back from the buyer, particularly damaged. I do get the point though. EBay never engaged though to seek resolution.


The postage insurance came up before, oddly the buyer was very clear in one of their messages that there was no issue with the packaging. Feels wrong to then make a claim. Back in 2014, so little hope of claiming on that now.

RFW

I'll take this just on the dealing with the debt collectors and not comment on the case.

Ebay will have most likely sold the debt to Transcom. You essentially have 4 choices, pay it all, make an offer of repayment, tell them you don't owe it or ignore it.

If you ignore it they will keep contacting you for a while, you can ask that they don't call (if they have your number) and don't visit your address (which they're unlikely to do).

It is possible that they take you to court, several debt collectors are doing this now to frighten people to pay or to get an undefended judgement so they can then get payment (ultimately via bailiffs). You can defend any claim and it is then unlikely that you will hear from them again. The debt collectors don't want to go to court as that will cost them money with no guarantee of winning.

That's pretty much it. As it stands now they can't do much more than ask you to pay them, your credit standing is not affected.

It's also worth noting that any debt times out after 6 years.

Brooker_Dave

User3726 wrote: »

ebay had refunded in full and demanded I pay them back.

UK law does not support that position, so nobody will take you to court and your credit rating will not be touched.

Worst thing will happen is that you'll get a load of letters and perhaps some calls, put the phone down and ignore the letters.

After a little while they give up.

There's no reason to pay anyone anything, no baliffs will appear and the letters are designed to scare you into paying up when there is no need.

RFW

Brooker_Dave wrote: »

UK law does not support that position, so nobody will take you to court and your credit rating will not be touched.

I agree with most of your comment, however it is an increasing occurrence that debt collectors take out bulk court claims. They're often with little to no substance but there must be enough that pay up or don't contest for it to be worthwhile for them to keep doing it.

Dox

Funny how many people on this site glibly advise posters to 'threaten legal action' or 'take them to court!', but when there may well be a legitimate claim by an organisation, suddenly it becomes 'ignore it, nothing will happen'. I'd have a word with your local Citizens Advice for properly informed opinion based on all relevant facts.

RFW

Dox wrote: »

Funny how many people on this site glibly advise posters to 'threaten legal action' or 'take them to court!', but when there may well be a legitimate claim by an organisation, suddenly it becomes 'ignore it, nothing will happen'. I'd have a word with your local Citizens Advice for properly informed opinion based on all relevant facts.

Totally agree on getting independent advice, CAB, StepChange and other debt charities should always take precedence over idiots like me on the internet.

I'm often advising against taking court action against anyone, especially for small amounts on a 50/50 case, that's never good 'money saving' advice.

I find most debt collectors reprehensible and the selling of debts is something, in my opinion, that should be outlawed.

Brooker_Dave

RFW wrote: »

I agree with most of your comment, however it is an increasing occurrence that debt collectors take out bulk court claims. They're often with little to no substance but there must be enough that pay up or don't contest for it to be worthwhile for them to keep doing it.

That's more the carpark parasites, trying to get default judgements using old addresses?

Brooker_Dave

Dox wrote: »

but when there may well be a legitimate claim by an organisation, suddenly it becomes 'ignore it, nothing will happen'.

But forcing private sellers to accept returns, or refunding buyers and telling them to keep the stuff is not backed up by any sort of law, so when ebay try to steal the money via paypal, and fail, there's not a fat lot they can do.