Foreign Ebay seller threatens to sue me

JimXX

GabbaGabbaHey wrote: »

If you are going to try to quote the law in a dispute, then you should at least be aware that the Distance Selling Regulations have not applied since 12 June 2014, when they were replaced by the Consumer Contracts Regulations.

Thanks for this. These are the kind of suggestions I need right now.

elsien wrote:

Maybe in future you should make the effort to read the actual listing before buying, not afterwards.

Fair observation. Still doesn't change the fact the most expensive item out of the lot he actually sent me turned out to be defective.

martindow

Bluster about suing rarely comes to anything. I'm not sure what laws would apply here with the buyer in the UK and seller in Germany.



I would contact the seller to say the items are available for him to arrange for their collection and return (at his expense) for 14 days after which you will dispose of them. And then not respond to any further discussion.

Dox

How much did you pay?

RFW

Dox wrote: »

How much did you pay?

Seems the best question. If it's thousands of pounds then he may well sue, if it's a tenner he won't (other monetary values are available!).


Personally I'd have just ignored him after his refusal to furnish funds or label for return postage. For other communication I'd keep shifting the blame to Ebay as it's their rules you're following.



It probably doesn't make any difference but was the listing put directly on Ebay UK or was it on Ebay Germany and it appeared on Ebay UK?


As the consumer your rights are paramount, it makes no difference what the law in Germany is (I can't be bothered checking but it's probably the same or even more on the side of the buyer than the UK) He's selling to the UK so it's UK rules that apply. I believe EU law covers that too.

forgotmyname

RFW wrote: »

(other monetary values are available!).

Always wondered what the minimum amount would be to take someone to court?

Cannot see a court wanting to spend time on a case for £10, is there a minimum limit for a claim?

Anyone know?

willbennett123

forgotmyname wrote: »

Always wondered what the minimum amount would be to take someone to court?

Cannot see a court wanting to spend time on a case for £10, is there a minimum limit for a claim?

Anyone know?

There is no minimum. Giving that the relevant fees are paid (which would be added to the claim) you can sue for as little as £1 - however, taking action where the risk of losing the case and not recovering the fee is high, would be very stupid.

esuhl

A couple of random thoughts.

* I'm not a lawyer, and this is based on English law, but I think consumer law is fairly similar across the EU...?

Forget the issues you had trying to cancel the order -- they aren't relevant. Once you've sent the order, the contract is binding.

Distance selling regulations don't apply to private sales.

If the seller has sent faulty goods that were misrepresented in the listing, then you are entitled* to a full refund (including postage).

If the seller is unwilling to pay for the return of the goods, then you must* keep them safe (unused, boxed up) for a (fairly long?) period of time for the seller to collect. You must* also offer to return them (at your convenience, at sellers cost), and make them available to be collected.

eBay isn't "the law of the land", and cannot overrule statutory rights, but both buyer and seller agree to eBay's Ts&Cs, which form part of the sales contract.

eBay have found in your favour, you're not out of pocket, and have offered to return the goods to the seller. I don't think* you're obligated to do anything more.

If the seller is going to take you to court, they have to* give you notice (a "letter before action"), giving you a chance to settle the matter out of court. That would be the time to consider your options...

For now, I'd take a screenshot of the original listing, carefully document the exact nature of the products' defects, and keep all emails (just in case). It's very unlikely you'll be sued.

esuhl

willbennett123 wrote: »

There is no minimum... you can sue for as little as £1

Is there no minimum, or is the minimum £1?

Anyway, I think judges would refuse to hear cases that are prima facie frivolous or vexatious.