Taken Ebay to Small Claims Court

Sandtree

bLaZer666_uk_2 said:

Which part do people not understand. The court has made the decision in my favour.. Ebay owe me the money not the 3rd Party. ebay took the money from me without any proof of receipt/return its quite simple

I have issued the warrant to ebay UK headquarters.. its quite simple..

You have won by default because eBay hasnt responded, no judge has reviewed the case and deemed you were in the right. It could have been a totally vexatious or fabricated case with no basis in law and if the defendant doesnt respond you win by default. 

It is possible that eBay UK Limited could pay to request the judgement to be set aside and they'd then be able to file a defence and the case would restart if the judge allows it to be set aside. 

Don't get too excited by the fact a computer script has noted no acknowledgement and so changed the status to won.

bLaZer666_uk_2 said:

Thrugelmir said:

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. 

Er I have won.. that is the whole point.. Also eBay UK LTD revenue for 2020 was 1.3 million.. plenty of assets there for me to grab..

Billion, not million. That however is revenue and whilst eBay is profitable you can get companies with vast revenues losing money hand over fist and there be nothing for you to go after as an unsecured creditor sits below employees, HMRC, secured creditors etc when it comes to insolvent companies having to distribute what assets they have.

You are much better off looking at the balance sheet than the P&L statement which in this case shows just under £40m in net assets at the end of 2020 financial year

bLaZer666_uk_2

Sandtree said:

bLaZer666_uk_2 said:

Which part do people not understand. The court has made the decision in my favour.. Ebay owe me the money not the 3rd Party. ebay took the money from me without any proof of receipt/return its quite simple

I have issued the warrant to ebay UK headquarters.. its quite simple..

You have won by default because eBay hasnt responded, no judge has reviewed the case and deemed you were in the right. It could have been a totally vexatious or fabricated case with no basis in law and if the defendant doesnt respond you win by default. 

It is possible that eBay UK Limited could pay to request the judgement to be set aside and they'd then be able to file a defence and the case would restart if the judge allows it to be set aside. 

Don't get too excited by the fact a computer script has noted no acknowledgement and so changed the status to won.

bLaZer666_uk_2 said:

Thrugelmir said:

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. 

Er I have won.. that is the whole point.. Also eBay UK LTD revenue for 2020 was 1.3 million.. plenty of assets there for me to grab..

Billion, not million. That however is revenue and whilst eBay is profitable you can get companies with vast revenues losing money hand over fist and there be nothing for you to go after as an unsecured creditor sits below employees, HMRC, secured creditors etc when it comes to insolvent companies having to distribute what assets they have.

You are much better off looking at the balance sheet than the P&L statement which in this case shows just under £40m in net assets at the end of 2020 financial year

Nope again you are not even researching your claims.. Revenue for eBay UK in 2020 was 1.3 million.. go and look it up.. jeez

bLaZer666_uk_2

Sandtree said:

bLaZer666_uk_2 said:

Which part do people not understand. The court has made the decision in my favour.. Ebay owe me the money not the 3rd Party. ebay took the money from me without any proof of receipt/return its quite simple

I have issued the warrant to ebay UK headquarters.. its quite simple..

You have won by default because eBay hasnt responded, no judge has reviewed the case and deemed you were in the right. It could have been a totally vexatious or fabricated case with no basis in law and if the defendant doesnt respond you win by default. 

It is possible that eBay UK Limited could pay to request the judgement to be set aside and they'd then be able to file a defence and the case would restart if the judge allows it to be set aside. 

Don't get too excited by the fact a computer script has noted no acknowledgement and so changed the status to won.

bLaZer666_uk_2 said:

Thrugelmir said:

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. 

Er I have won.. that is the whole point.. Also eBay UK LTD revenue for 2020 was 1.3 million.. plenty of assets there for me to grab..

Billion, not million. That however is revenue and whilst eBay is profitable you can get companies with vast revenues losing money hand over fist and there be nothing for you to go after as an unsecured creditor sits below employees, HMRC, secured creditors etc when it comes to insolvent companies having to distribute what assets they have.

You are much better off looking at the balance sheet than the P&L statement which in this case shows just under £40m in net assets at the end of 2020 financial year

Sandtree said:

bLaZer666_uk_2 said:

Which part do people not understand. The court has made the decision in my favour.. Ebay owe me the money not the 3rd Party. ebay took the money from me without any proof of receipt/return its quite simple

I have issued the warrant to ebay UK headquarters.. its quite simple..

You have won by default because eBay hasnt responded, no judge has reviewed the case and deemed you were in the right. It could have been a totally vexatious or fabricated case with no basis in law and if the defendant doesnt respond you win by default. 

It is possible that eBay UK Limited could pay to request the judgement to be set aside and they'd then be able to file a defence and the case would restart if the judge allows it to be set aside. 

Don't get too excited by the fact a computer script has noted no acknowledgement and so changed the status to won.

bLaZer666_uk_2 said:

Thrugelmir said:

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. 

Er I have won.. that is the whole point.. Also eBay UK LTD revenue for 2020 was 1.3 million.. plenty of assets there for me to grab..

Billion, not million. That however is revenue and whilst eBay is profitable you can get companies with vast revenues losing money hand over fist and there be nothing for you to go after as an unsecured creditor sits below employees, HMRC, secured creditors etc when it comes to insolvent companies having to distribute what assets they have.

You are much better off looking at the balance sheet than the P&L statement which in this case shows just under £40m in net assets at the end of 2020 financial year

Incorrect again. I asked a judge to review my claim...and it was found in my favour..

bLaZer666_uk_2

pinkshoes said:

Good luck in getting your money from eBay. I hope you do, so please get us posted.

Personally I would have gone after the buyer as they have an item they have not paid for.

They live in Italy.. so cant do that.. Which is why ebay are at fault.. I will post the conclusion here.. may take a few weeks though! 

born_again

DCFC79 said:

Keep us updated with how you get on.

Should make riveting viewing on " Call the Bailiff's. 

Sandtree

bLaZer666_uk_2 said:

Sandtree said:

bLaZer666_uk_2 said:

Which part do people not understand. The court has made the decision in my favour.. Ebay owe me the money not the 3rd Party. ebay took the money from me without any proof of receipt/return its quite simple

I have issued the warrant to ebay UK headquarters.. its quite simple..

You have won by default because eBay hasnt responded, no judge has reviewed the case and deemed you were in the right. It could have been a totally vexatious or fabricated case with no basis in law and if the defendant doesnt respond you win by default. 

It is possible that eBay UK Limited could pay to request the judgement to be set aside and they'd then be able to file a defence and the case would restart if the judge allows it to be set aside. 

Don't get too excited by the fact a computer script has noted no acknowledgement and so changed the status to won.

bLaZer666_uk_2 said:

Thrugelmir said:

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. 

Er I have won.. that is the whole point.. Also eBay UK LTD revenue for 2020 was 1.3 million.. plenty of assets there for me to grab..

Billion, not million. That however is revenue and whilst eBay is profitable you can get companies with vast revenues losing money hand over fist and there be nothing for you to go after as an unsecured creditor sits below employees, HMRC, secured creditors etc when it comes to insolvent companies having to distribute what assets they have.

You are much better off looking at the balance sheet than the P&L statement which in this case shows just under £40m in net assets at the end of 2020 financial year

Nope again you are not even researching your claims.. Revenue for eBay UK in 2020 was 1.3 million.. go and look it up.. jeez

Seems like someone needs to learn to read otherwise they look foolish

2020 FY results at application-pdf 


Revenue is £1,336,749,000 aka £1.3bn... if you dont understand how tables of financials work then read the statement underneath... revenue increased by £302m... how can total revenue be £1.3m if it increased by £302m?

the_lunatic_is_in_my_head

bLaZer666_uk_2 said:

pinkshoes said:

Good luck in getting your money from eBay. I hope you do, so please get us posted.

Personally I would have gone after the buyer as they have an item they have not paid for.

They live in Italy.. so cant do that.. Which is why ebay are at fault.. I will post the conclusion here.. may take a few weeks though! 

Did the buyer open a not as described return and if so did you arrange for the return of the item at your cost or make agreements with the buyer for them to return and then be reimbursed? 

sheramber

the_lunatic_is_in_my_head said:

bLaZer666_uk_2 said:

pinkshoes said:

Good luck in getting your money from eBay. I hope you do, so please get us posted.

Personally I would have gone after the buyer as they have an item they have not paid for.

They live in Italy.. so cant do that.. Which is why ebay are at fault.. I will post the conclusion here.. may take a few weeks though! 

Did the buyer open a not as described return and if so did you arrange for the return of the item at your cost or make agreements with the buyer for them to return and then be reimbursed? 

Explained in the first post. You 

the_lunatic_is_in_my_head

sheramber said:

the_lunatic_is_in_my_head said:

bLaZer666_uk_2 said:

pinkshoes said:

Good luck in getting your money from eBay. I hope you do, so please get us posted.

Personally I would have gone after the buyer as they have an item they have not paid for.

They live in Italy.. so cant do that.. Which is why ebay are at fault.. I will post the conclusion here.. may take a few weeks though! 

Did the buyer open a not as described return and if so did you arrange for the return of the item at your cost or make agreements with the buyer for them to return and then be reimbursed? 

Explained in the first post. You 

OP says they had to pay for the return postage but didn't say whether they actually did (i.e did eBay say they should or did OP  actually do so), the reason eBay usually refund without a return is the seller not sorting out the return postage. 

TripleH

Op, is the address on the court papers an actual 'trading address' (people employed direct by eBay, has eBay signage up etc) OR is it just a 'registered office address'

Do a check online for companies registered at that address because if you send bailiffs round to a firm of accountants or a shared office centre, they will walk away with nothing and you will be charged fees (which you might struggle to recover if you didn't check the address properly).

Companies can legally trade without actually having any assets in a country despite what a set of accounts says. Getting the money itself 'might' be the hard part.