Taken Ebay to Small Claims Court

bLaZer666_uk_2

I submitted a claim online via the Money Claim Online service against eBay Back in May. It was accepted and lo and behold eBay didn't bother to respond so the claim was found in my favour.

(Short of it I sold a laptop the buyer said it was faulty so I said send it back - I had to pay for the return postage, buyer never sent it back but eBay still refunded the buyer!! what the hell!)

I now have the option of issuing a warrant for the payment of the money owed to myself for an additional warrant issue fee of £55 - Question is will I get this £55 back as there is no reflection in the Costs section of the warrant just my initial claim and the initial court fees, tried to call the claim service but waited for 1.5 hours! gave up.

Anyone have an idea about this?

TIA

ItsComingRome

Your claim should have been against the buyer, not eBay.

eBay as an entity don't exist in the UK, so you've already flushed money down the pan, I'd advise against throwing more money down chasing an unenforceable debt.

the_lunatic_is_in_my_head

ItsComingRome said:

Your claim should have been against the buyer, not eBay.

eBay as an entity don't exist in the UK, so you've already flushed money down the pan, I'd advise against throwing more money down chasing an unenforceable debt.

https://www.ebay.co.uk/help/policies/member-behaviour-policies/user-agreement?id=4259#2

• If you reside in the United Kingdom, you are entering into a contract with eBay (UK) Limited, 1 More London Place, London, SE1 2AF, United Kingdom, VAT number GB 365 6085 76.

ItsComingRome

the_lunatic_is_in_my_head said:

ItsComingRome said:

Your claim should have been against the buyer, not eBay.

eBay as an entity don't exist in the UK, so you've already flushed money down the pan, I'd advise against throwing more money down chasing an unenforceable debt.

https://www.ebay.co.uk/help/policies/member-behaviour-policies/user-agreement?id=4259#2

• If you reside in the United Kingdom, you are entering into a contract with eBay (UK) Limited, 1 More London Place, London, SE1 2AF, United Kingdom, VAT number GB 365 6085 76.

Did you Google that address before quickly writing out that reply?

It's the HQ of Ernst & Young.  eBay UK is a stack of paper in a filing cabinet.  Good luck getting any money out of that.

Edit: And it doesn't change the fact that the OP sued the wrong entity.

the_lunatic_is_in_my_head

That may be so but they still exist as an entity in the UK, one which generates a profit each year so must have cash somewhere, presumably in a bank or similar. 

ItsComingRome

the_lunatic_is_in_my_head said:

That may be so but they still exist as an entity in the UK, one which generates a profit each year so must have cash somewhere, presumably in a bank or similar. 

They have naff all if you look at the financial reports, and if the OP rattles their cage they'll just get the case set aside.  They owe the OP nothing,  the OP sued the wrong entity.

the_lunatic_is_in_my_head

It's unclear what happened but eBay handle the payments and the adjudication process, eBay may have well have acted outside their terms and conditions. 

Without the finer details of why the buyer was refunded without returning the goods it's hard to say.

Usually the buyer is told to keep the item if they claim it's not as described and the seller doesn't deal with the return, although that situation wouldn't give the seller much of a claim against eBay. 

2019 accounts show a profit of £23 million. 

Ectophile

ItsComingRome said:

the_lunatic_is_in_my_head said:

That may be so but they still exist as an entity in the UK, one which generates a profit each year so must have cash somewhere, presumably in a bank or similar. 

They have naff all if you look at the financial reports, and if the OP rattles their cage they'll just get the case set aside.  They owe the OP nothing,  the OP sued the wrong entity.

OP has won the case in court. If eBay want to reopen it, they will have to pay the court a fee to do so, which is likely to cost more than the OP is claiming. If there aren't any assets to seize, then the OP could ask for a winding up order against the company. If it has no assets to pay its debts, it must be bankrupt.

ThumbRemote

ItsComingRome said:

Your claim should have been against the buyer, not eBay.

I wonder if you could expand on why you think this. It is eBay who have taken the money from the OP and passed it onto the buyer. 

Thrugelmir

Ectophile said:

ItsComingRome said:

the_lunatic_is_in_my_head said:

That may be so but they still exist as an entity in the UK, one which generates a profit each year so must have cash somewhere, presumably in a bank or similar. 

They have naff all if you look at the financial reports, and if the OP rattles their cage they'll just get the case set aside.  They owe the OP nothing,  the OP sued the wrong entity.

OP has won the case in court. If eBay want to reopen it, they will have to pay the court a fee to do so, which is likely to cost more than the OP is claiming. If there aren't any assets to seize, then the OP could ask for a winding up order against the company. If it has no assets to pay its debts, it must be bankrupt.

OP hasn't won. Ebay haven't defended the claim. A winding up petition will cost in excess of £1k to even issue. 

ItsComingRome

ThumbRemote said:

ItsComingRome said:

Your claim should have been against the buyer, not eBay.

I wonder if you could expand on why you think this. It is eBay who have taken the money from the OP and passed it onto the buyer. 

Because they're a middle man.  If you use your debit card and the buyer runs off with your money, you legally have consumer rights against the buyer, not the bank, or their merchant provider.

This is basic level stuff here.