Court threat

audumla48

Hi 
I would be grateful for any advice on this matter

My daughter bought a piece of wood for her mantle on Ebay and it was due to be fitted in November but due to her builder having to self isolate the work was started in late January instead. The wood was supposed to be heat treated and had been kept in the garage but when the builder went to get it it was cracked and couldn't be used.

My daughter contacted the seller who refused to refund or replace the cracked wood, which would have cracked in situ had they fitted it in November. He told her that ebay were on his side, though he offered no proof of that, so my daughter contacted Paypal who told her to return the wood, which cost her £30 in postage, and they took the original cost of the wood from the seller's bank account and refunded her the £105 she had paid to him. 

She then had a phone call from the seller who told her that her bank had taken his money and she had to repay him or he would take her to small claims court. He wouldn't speak to her husband at all.

Paypal told my daughter that he couldn't sue her because they took the money from his account legally and it has nothing to do with her but the man has sent my daughter a text telling her that he is suing her and she will have to pay the court fees as well.

Is she liable and can he sue her when it was Paypal who took his money, not her?

Can anyoone please advise on how to handle this matter? 

Thanks  Di. 

KeithP

Your best bet is to post your query on MSE's specialist Ebay board where there are several experts on all things Ebay and Paypal.

Aylesbury_Duck

He is entitled to sue anyone he wishes.  Whether he'll succeed is another matter.  She has two choices: engage in the process and defend it, or ignore him and see what happens.  I suspect he's bluffing.

the_lunatic_is_in_my_head

audumla48 said:

Hi 
I  The wood was supposed to be heat treated and had been kept in the garage but when the builder went to get it it was cracked and couldn't be used.

These two really need to be clarified.

Did the listing specifically say heat treated?

When you say cracked, in two or fine cracks on the surface?

A link to the listing you purchased from and a photo of the piece of wood is probably be best to get accurate advice. 

Jumblebumble

audumla48 said:

Hi 
I would be grateful for any advice on this matter

My daughter bought a piece of wood for her mantle on Ebay and it was due to be fitted in November but due to her builder having to self isolate the work was started in late January instead. The wood was supposed to be heat treated and had been kept in the garage but when the builder went to get it it was cracked and couldn't be used.

My daughter contacted the seller who refused to refund or replace the cracked wood, which would have cracked in situ had they fitted it in November. He told her that ebay were on his side, though he offered no proof of that, so my daughter contacted Paypal who told her to return the wood, which cost her £30 in postage, and they took the original cost of the wood from the seller's bank account and refunded her the £105 she had paid to him. 

She then had a phone call from the seller who told her that her bank had taken his money and she had to repay him or he would take her to small claims court. He wouldn't speak to her husband at all.

Paypal told my daughter that he couldn't sue her because they took the money from his account legally and it has nothing to do with her but the man has sent my daughter a text telling her that he is suing her and she will have to pay the court fees as well.

Is she liable and can he sue her when it was Paypal who took his money, not her?

Can anyoone please advise on how to handle this matter? 

Thanks  Di. 

Perhaps your daughter should write back and ask how he knows that she will have to pay the court fees.
( She will only have to pay if she loses the case and as the seller has the wood back I doubt she will)
Paypal have made up the fact that the seller  cannot sue your daughter. 
There is nothing to stop him trying

KC123456789

She should tell him he's liable for the cost of the return postage and ask him how and when he intends to setting this. He'll likely not be heard from again after that.

jupiterthegreat999

I'd ignore and let it play out. I would find it hard to believe anyone would have the time and energy to sue someone for 100 quid. 

nyermen

Not to mention that small claims normally doesn't award costs (unless eg. vexatious action which is unlikely.  If anyone got costs, it would OP being paid by the seller...)

the_lunatic_is_in_my_head

nyermen said:

Not to mention that small claims normally doesn't award costs (unless eg. vexatious action which is unlikely.  If anyone got costs, it would OP being paid by the seller...)

It was my understanding the costs of filing could be added to the claim and limited costs can be awarded (£70-90 has been mentioned here before)?

With such little detail it's impossible to say which party acted correctly.

KeithP

the_lunatic_is_in_my_head said:

nyermen said:

Not to mention that small claims normally doesn't award costs (unless eg. vexatious action which is unlikely.  If anyone got costs, it would OP being paid by the seller...)

It was my understanding the costs of filing could be added to the claim and limited costs can be awarded (£70-90 has been mentioned here before)?

With such little detail it's impossible to say which party acted correctly.

Yes, the costs of the filing fee and any hearing fee can be claimed by the Claimant should he win the case. The winning side can also claim up to half a day's pay capped at £19 per hour.

MalMonroe

I see two problems :  a return was not opened within 30 days after receipt and there is no proof of when the crack actually occurred. It could have occurred during storage. Wasn't it inspected on arrival?

Now the piece of wood has been returned but the buyer could conceivably say that the crack was not there when he sent it out in the first place.  Heat-treated wood is susceptible to cracking when it is exposed outdoors - what was the temperature in the garage where it was stored? How do you know that the wood would have cracked in situ had they fitted it in November? 

PayPal appear to have decided that the buyer was in the wrong though and have refunded your daughter from his bank account so it's obvious that his argument is now with PayPal and not her. 

That being the case, I think your daughter should block the buyer's phone number and not engage with him at all. This is definitely a case of least said, soonest mended and his bullying tactics are childish and deplorable. The ball's in PayPal's court, especially as she did as they advised.