Visa Chargeback

Dave_the_Ginger_Cat

petenat1 wrote: »

Thanks for reply...Sorry don`t quite under stand what my house insurance would have to do with this case...More info. please....

Some have a legal expense cover for an extra fee, or you might find your employer offers an advice line. If you have this it covers legal issues that are nothing to do with your house

petenat1

Just checked my house insurance and yes i have Family legal cover up to £50,000

---lee---

I would not reply to the seller in any way. If you do reply, mention that your replies are prejustice so that they cannot be produced in court.

Clearly he was totally unhelpful and unwilling to make any attempt to sort out the problem in the first instance and also had further opertunities to make amends during the PayPal dispute mechanism.

It now sounds like he is bitter (as PayPal will have recovered the money from him and may have frozen his account or closed it). His only recourse is to take it to small claims. If he does so, it will be done through a court local to you so it's likley to be inconvienient and costly for him to travel.

As long as you are in a position to be able to produce all the emails, letters etc in connection with this, I'm sure the court would find in your favour. It sounds like the whole experience has been a nightmare. It's unreasonable to expect you to still have the goods from Dec 07.

Personally, I would call his bluff and simply ignore the email alltogether.

petenat1

Thanks for reply Lee. I have not emailed back and wont be. I will just hold off to see if i get a letter from his solicitor. I am still waiting on a call back from Visa regarding this.Won`t hold my breath though.Not only is this upsetting me but is upsetting my wife.Getting Ear ache all round.The sooner this is finalized the better.Will keep this site updated and let you know whats happening.Thanks again..

bengal-stripe

petenat1 wrote: »

I paid almost £1500 for it.

You paid what: "almost £ 1500.00" for a second-hand computer on eBay?
What type of a computer was that? Nobody pays that much for a computer (not even a new-one). And certainly not on eBay.

It must be a very special computer indeed.

Tozer

---lee--- wrote: »

I would not reply to the seller in any way. If you do reply, mention that your replies are prejustice so that they cannot be produced in court.

Personally, I would call his bluff and simply ignore the email alltogether.

"Without prejudice" only works if it is a genuine attempt to resolve the dispute. It has no affect otherwise.

You have to go careful - ignoring him when he has intimated that he is making a claim is not in the spirit of how litigation should be dealt with. You should (once you have ascertained the correct position!) reply rebutting his claim and stating the reasons why.

lisyloo

My view is that you should also reply politely and factualy stating that it is impossible to re-instate the goods and pointing out that initially he offered you no assitance.

However given that you have legal advice for free then I would call the solicitor and see what they say.

There are a number of well meaning people on here. Most of whom are not solicitors.
By all means take on board the disucssion offered but bear in mind that your solicitor is trained and therefore you should take their advice about that of strangers (however well meaning we all are).

petenat1

bengal-stripe wrote: »

You paid what: "almost £ 1500.00" for a second-hand computer on eBay?
What type of a computer was that? Nobody pays that much for a computer (not even a new-one). And certainly not on eBay.

It must be a very special computer indeed.

The computer was ment to be brand new. A top of the range gaming bundle with top of the range components inc. sli twin graphics cards etc. etc. if that makes any sense to you.

dhassen

more eBay pitfalls eh...... I know it doesn't help but I'd never buy anything so expensive from eBay, not wihtout pickup and cash on delivery. I hope the scamming **** gets the idea and gives up. Good luck

Voyager2002

I strongly agree with #18. You are so in the right, but if you fail to respond to him then you put yourself in the wrong.

Anyway, don't allow yourself to be worried about the situation: he is clearly a con-trickster, and that fact would be obvious to any judge. Yes, since the sale has been cancelled and you have got your money back he is entitled to his computer back, or the value of it. If the matter were ever to come to court, it seems clear that the judge would accept that the computer was worthless. And since the seller failed to resolve the matter over such a long period, you acted reasonably in disposing of the broken computer.

Anyway, well done on persisting with the matter and getting your money back.