Goods arrive after 30 days

robi4387

I bought items on eBay to fix my engine misfire. They hadn't arrived after 30 days and so eBay refunded me.  The seller has lodged a money claim against me because the items did (eventually) turn up and perhaps when they saw the tracking they were angry.  They say I have the goods and I must now pay for them and court fee and interest or I risk a CCJ.
My car still isn't fixed, because I don't think I can rely on the parts, it's a six hour job to fit and I can't think straight with worry.

DCFC79

robi4387 said:

I bought items on eBay to fix my engine misfire. They hadn't arrived after 30 days and so eBay refunded me.  The seller has lodged a money claim against me because the items did (eventually) turn up and perhaps when they saw the tracking they were angry.  They say I have the goods and I must now pay for them and court fee and interest or I risk a CCJ.
My car still isn't fixed, because I don't think I can rely on the parts, it's a six hour job to fit and I can't think straight with worry.

Why do you think you can't rely on the parts ?

I could be wrong here but if it were me Id pay up BUT I'm not an expert on ebay, maybe wait for more experienced posters with advice.

Bradden

Why not just send the goods back if you aren't happy with them? I've had a couple of orders refunded recently due to non delivery. I've agreed to notify them if the items turn up.

pinkshoes

robi4387 said:

I bought items on eBay to fix my engine misfire. They hadn't arrived after 30 days and so eBay refunded me.  The seller has lodged a money claim against me because the items did (eventually) turn up and perhaps when they saw the tracking they were angry.  They say I have the goods and I must now pay for them and court fee and interest or I risk a CCJ.
My car still isn't fixed, because I don't think I can rely on the parts, it's a six hour job to fit and I can't think straight with worry.

Obviously you cannot keep the parts AND the refund. 

You have two options:
1. Pay for the parts and use them.

2. Notify the seller that the parts arrived too late, you have already been refunded, so please could they send you a pre-paid label to have their parts returned. They need to pay for return delivery to them.

JJ_Egan

Parts arive on time and fix car .

Parts arrive a few days late and they have now turned bad in OPs eyes .

Really does not make sense .

Six hours to fix ??  what sort of problem parts required .

the_lunatic_is_in_my_head

robi4387 said:

I bought items on eBay to fix my engine misfire. They hadn't arrived after 30 days and so eBay refunded me.  The seller has lodged a money claim against me because the items did (eventually) turn up and perhaps when they saw the tracking they were angry.  They say I have the goods and I must now pay for them and court fee and interest or I risk a CCJ.
My car still isn't fixed, because I don't think I can rely on the parts, it's a six hour job to fit and I can't think straight with worry.

When the goods arrived they belonged to the seller, there was an obligation to take reasonable care of the goods, notify the seller of their arrival and allow them to collect the goods.

From my understanding I don't believe you are obligated to actually pay for the goods but should see they are restored to the seller. 

The costs for the seller filing the claim are unfortunate, typically speaking in order to be awarded costs they should have sent you a letter before action detailing what they wished to occur, stating a timeframe for this to happen and that otherwise they would begin the small claims process. 

davidmcn

robi4387 said:

I can't think straight with worry.

What is it you're worrying about? You can't keep the items and the money for them, decide which you want and then sort it out.

Aylesbury_Duck

I'm amazed "unsolicited goods" hasn't been mentioned...

Ectophile

If you want to go all legal, look at the Consumer Rights Act 2015, section 28 https://www.legislation.gov.uk/ukpga/2015/15/section/28/enacted

Unless you agreed otherwise, the seller was required to deliver within 30 days.  If they failed to do that, then that's their problem.  The contract is now ended.

The goods belong to the seller.  If you don't want to keep them and pay for them, then it's up to the seller to get them back at their expense.

theonlywayisup

Another 1 post wonder.

Keep the goods, claim compensation and an apology for the hurt.

JetpackVelociraptor

If you want the parts, you owe the seller the full amount that you originally paid for them. If the seller has to take you to court in order to get the money from you, you may also owe them the associated fees.

If you no longer want the parts for whatever reason, and you have not already fitted/used them, you need to inform the seller within 2 weeks of their arrival that you will be returning them, and then you need to actually return them. You have a reasonable case for getting the seller to pay the cost of the return because the parts arrived late. You don't have a reasonable case for keeping the parts for free.

You probably could have avoided getting threats of court etc from the seller if you had simply informed the seller that the parts had arrived, rather than waiting for them to see the tracking information.

This sort of thing shouldn't be keeping you awake at night! It's a very stressful time for pretty much everyone right now, just try to bear in mind that it's not necessarily the seller's fault that you're so stressed - and try to take a bit of time out for yourself to relax a little.