Viewing 40 posts - 1 through 40 (of 67 total)
  • Suing eBay seller
  • cynic-al
    Free Member

    I have 3 sellers trying to do me over, can’t use eBay procedures for various reasons.

    eBay refusing to release the surname of 2nd seller (on chat, I presume a robot), and I don’t even have the 1st name of the 3rd (I have deets of 1st).

    They say they will release the names when asked by “the authorities” which I suspect is utter BS, as the courts will tell me to find the name.

    Im not sure if I can sue with a 1st name and address only (pretty sure I can’t sue under trading name alone).

    Any ideas? Before you say “but weren’t you a lawyer” this is all English stuff, different to my Scots law.

    esselgruntfuttock
    Free Member

    Citizens Advice is probably your best bet. I had their advice when I took a local garage to court. I ended up getting £400 more than I was originally claiming!

    neilwheel
    Free Member

    Have you tried calling them, always had best results with Ebay problems this way, a polite badgering might get some information.

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    scrumfled
    Free Member

    Look at the paypal transaction info, that usually gives you the sellers full name.

    newrobdob
    Free Member

    What are you doing wrong to get 3 people trying to “do you over” at the same time? One is normal, 2 is rotten bad luck, 3 sounds very weird indeed.

    bikebouy
    Free Member

    I too would check PayPal records because the accounts have to be verified under FCA regs..

    handyman153
    Free Member

    Hi,

    Can I ask how they are doing you over?
    I sell around 1000 items a week through eBay, and as a seller I would find it incredibly hard to even think about doing somebody over.

    + For checking paypal, it has to contain all the information. And I have found it a very useful way to get in contact with buyers. More importantly to then sell to returning customers outside eBay.

    + For ringing eBay too. Depending on the route you have taken to get to the chat, it could either be a bot or a person. Either way ringing has always worked wonders for us.

    BigEaredBiker
    Free Member

    This all sounds a bit odd to me; although, admittedly I only buy sell a small number of items per year.

    As a seller on ebay it seems (to me) to be far easier for a buyer to ‘do you over’. Both ebay and Paypal nearly always give them the benefit of the doubt to a buyer – assuming you are using the system properly and not doing silly things like buying off ebay or using paypal gift etc.

    Maybe if you explain further we can get more entertainment provide better recommendations.

    jambourgie
    Free Member

    Are you the guy that bought a 30k skoda by mistake?

    spooky_b329
    Full Member

    Can’t use ebay procedures? Why not?

    cynic-al
    Free Member

    I’m not sure why it matters, I’ve said I can’t use eBay procedures, can’t that just be accepted?vi know you all like a story, especially when no one can answer the query, so here is my early Xmas present to you all:

    2 transactions are too old.
    3rd I paid cash in collection (but a relative collectied and sent to me) so no PayPal.

    Problems
    2 did not meet description.
    3rd (not 3rd above) can be claimed back under CRA as it relates to resolving a previous sale (and I didn’t know CRA covered that scenario).

    Just called eBay, same answer as robot, but they are making an internal enquiry.

    wukfit
    Free Member

    Pretty sure the one your relative collected for you is tough luck, cash on collection so goods would have been inspected before being paid for

    cloudnine
    Free Member

    Does this involve the £500 deposit + VAT deposit or am i on the wrong thread?

    mikey3
    Free Member

    Buy less.

    cynic-al
    Free Member

    wukfit – Member
    Pretty sure the one your relative collected for you is tough luck, cash on collection so goods would have been inspected before being paid for

    Sauce? I don’t see how a description becomes meaningless because it’s collected. “latent fault”? Anyway I reckon I can make my money back selling it WCS.

    twicewithchips
    Free Member

    Three at once kinda sucks.

    Non release of names sort of suggests private sellers, rather than businesses. Other than Paypal, I’m not sure I see an obvious route e.g. via CRA.

    Cash on collection feels a lot like ‘sold as seen’ to me – at least in practical terms, if not legal.

    I get that it sucks, but depending on the items’ cost/value might you end up spending more time than they are worth?
    Sell on with a fault spares/reapir?

    (not un)edited for double negative

    handyman153
    Free Member

    Ok..

    So having the story helps massively, not just asking for a ‘bit of fun’.

    The 2 that are too old (depending how old?) will still be covered via the Paypal payment protection. This lasts around 6 months, find the transaction and start a dispute that way.
    We have had a few disputes done towards us this way, mainly based on sizing problems. Paypal are slightly more helpful towards the seller, BUT in our 5/6 relatively low cost disputes the buyer has always come out on top.

    As for the 3rd one, did the transaction still take place through eBay? Or did they cancel it to stop paying the fee from a cash payment?
    If the eBay transaction is still there, I can’t see how you can’t use the system. eBay itself doesn’t only offer protection to PayPal payments, it will cover cash, B/T, even postal order.

    Does any of that help?

    cynic-al
    Free Member

    Ta, one is > 6 months.

    3rd…I’ve just had that conversation with eBay, who said different to you unfortunately – sale did go through them.

    handyman153
    Free Member

    Glad to help for at least 1!
    The transaction that’t over 6 months, still worth finding in Paypal and seeing if it lets you start a dispute. If not contact them, we always find they are much more helpful.

    As for the 3rd, i’m at a loss then!
    However, if you think you can make the cash back then at least thats OK.

    tjagain
    Full Member

    wasting your time. If paypal / ebay won’t settle thru their disputes process your chance of getting any satisfaction thru the courts is negligible.

    pictonroad
    Full Member

    Got a mobile number?

    Try adding them to a whatsapp chat, you never know, might get lucky.

    cloudnine
    Free Member

    I thought it was 45 day window for a PayPal dispute..?

    handyman153
    Free Member

    Cloudnine, unfortunately (for sellers) its 180 days.

    Quote from Paypal –

    If you purchased the item from one of our merchants, follow these simple steps:
    Log in to your PayPal account.
    Open a dispute in the Resolution Center within 180 calendar days of your purchase.
    Click “Dispute a Transaction.”
    Select item dispute.
    Be aware that disputes must be opened within 180 days of your payment date, and that you and the seller will have 20 days to work things out.

    newrobdob
    Free Member

    3rd item – Sorry if you bought an item and collected it (and it was 2nd hand) then it’s buyer beware, same as any other private sale. eBay is very well aligned to that particular rule in our law. Maybe get someone who knows something about what they are picking up next time so they can check it for you.

    You can whinge all you like but that’s the fact of the matter. Just forget it.

    poly
    Free Member

    Why English law? If you live in Scotland then for consumer contracts I seem to recall you can elect for Scottish jurisdiction regardless of any written terms.
    In theory you could apply to the court to force EBay to release them; three different cases at once might sound like a fishing trip though.

    cynic-al
    Free Member

    wasting your time. If paypal / ebay won’t settle thru their disputes process your chance of getting any satisfaction thru the courts is negligible

    Go on then, how? I’ve sued folk in small claims before, with success.

    You can whinge all you like but that’s the fact of the matter. Just forget it.

    Even for a latent fault? (He has accepted he misdescribed it in 2 ways, in eBay messaging also)

    Poly – enforcement would be much easier) cheaper with an English judgement than a Scots decree, unless things have changed.

    Money at stake means that applying to court would not be cost effective. Given I have evidence of faults (good evidence) I don’t see how it’d be fishing, I only need 2 surnames I think.

    Jakester
    Free Member

    What exactly are you trying to do? If you’re seeking the personal details of the vendors, and they’re not already included in the transaction paperwork (though they should be) then you can ask eBay to provide the information pursuant to s35(2) of the Data Protection Act 1998 – in connection with legal proceedings, or for the purposes of obtaining legal advice. They will put up a fight, but if you threaten an application for non-party disclosure (or, I suppose, a Norwich Pharmacal order) they might provide it to you.

    In terms of actually bringing a claim, if you haven’t pursued it under eBay’s dispute resolution policy then it is arguable you have foregone your contractually-agreed remedy, though it’s unlikely the seller would pick up that argument. Main problem is going to be evidencing that the items were defective/not as described after such a long time.

    legend
    Free Member

    Even for a latent fault? (He has accepted he misdescribed it in 2 ways, in eBay messaging also)

    That doesn’t sound like a latent fault – that would mean there was a hidden defect, not that you were mis-sold

    HoratioHufnagel
    Free Member

    Could you take eBay to the Small Claims Court instead?

    thehustler
    Free Member

    Cynic-al yor recent posting history suggests you have bigger problems…..

    1 I bought glasses cheap online and have a problem with them
    2 I bought a car cheap and 18 months later I have a problem with it
    3,4&5 I bought something off ebay ( probably cheap) and have problems with them…..

    But none of the issues are yours….

    Do you not seea pattern here

    You are really unlucky, you need to buy a huge roll of bubble wrap anf move to a padded room with that luck!!

    newrobdob
    Free Member

    I was thinking the same thing….

    Chest_Rockwell
    Free Member

    Another two added to the list. ^^^

    Daffy
    Full Member

    handyman153 – Member
    Cloudnine, unfortunately (for sellers) its 180 days.

    Quote from Paypal –
    If you purchased the item from one of our merchants, follow these simple steps:
    Log in to your PayPal account.

    This only applies if the seller is a Merchant, normal paypal users/sellers are not covered by those terms.

    newrobdob
    Free Member

    Have you already provided feedback for the sellers? That normally stops all future attempts at raising a dispute as it’s the final step to say “everything ok here”.

    cynic-al
    Free Member

    legend – Member
    That doesn’t sound like a latent fault – that would mean there was a hidden defect, not that you were mis-sold

    Apologies – “latent” isn’t the right word – the listing at least implied the 2 issues weren’t present.

    NRD – no feedback, never give that until all is OK!

    Otherwise…isn’t it easier to tell the OP he’s ****ed than read the thread, or back up what point you have tried to make (TJ?).

    Jakester – Member

    Main problem is going to be evidencing that the items were defective/not as described after such a long time.
    As above (yawn) I have good evidence in all 3 cases.

    the hustler – Member

    Cynic-al yor recent posting history suggests you have bigger problems…..

    It does? As they were bought on eBay it’s pretty clear they were all at market value. The car had a problem in 6 months.

    Your problem…making stupid assumptions in order to have a go at a stranger on the internet?

    Jakester
    Free Member

    cynic-al – Member
    As above (yawn) I have good evidence in all 3 cases.

    Sorry to have tried to offer genuine help, speaking with actual professional experience as a qualified solicitor.

    I won’t bother next time. 🙄

    larrydavid
    Free Member

    Cynic Al is all raging at folk. Again.

    He’s not interested in advice, he wants to be told he’s correct and 100‰ in the right

    cynic-al
    Free Member

    Sorry you feel that way, it’s just v frustrating to have to give out loads of irrelevant information and get next to no advice. Thank you for the court info you gave – as I said the sums won’t justify that amount of work.

    larrydavid – Member

    Cynic Al is all raging at folk. Again.

    He’s not interested in advice, he wants to be told he’s correct and 100‰ in the right

    Not at all, see above. Way easier as ever to make stupid comments like this rather than read the thread, isn’t it.

    plyphon
    Free Member

    It’s clearly not irrelevant though, if it’s enabled people to make a decision

    cynic-al
    Free Member

    Those decisions having added nothing to the advice, except some errors.

Viewing 40 posts - 1 through 40 (of 67 total)

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