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    • I had an eBay account a few years ago and sold a high-value piece of jewelry for around £9000. I sent the item to eBay's authenticity center (mandatory for this value), and the tracking showed it was delivered. However, eBay later claimed they never received it. After an investigation, UPS said it was delivered to a different address on the estate where the authenticity center is located. Eventually, eBay located the package but said it contained only chocolate and unrelated items, which I obviously did not send. UPS was unhelpful. As a result, eBay refunded the buyer, and my account went minus £9000. I refused to pay, lost my eBay account, and no longer have access to it or the associated email. Today, I received a text from DRS debt recovery with my name and a reference number, stating I owe a debt to eBay and to log in online using a passcode emailed to me (which I don't have since I no longer have access to the email). When I called DRS for more information, they asked for my address, which I refused to give based on advice I read online. They then said they couldn't discuss the debt further and ended the call. What should I do in this situation? Should I contact DRS again and provide my details to find out more about the debt? Should I send a letter explaining why I shouldn't owe this debt and do nothing further? Is there a legal risk of them taking me to court? Any advice would be appreciated. From what I am aware of, I think they only have my name and telephone number. I have not received any debt letters in the post and I removed/change my address from eBay at the time this all happened. I also have not received any CCJ's. This is the first time they have contacted me. They sent me another text with a PDF letter explaining the debt. The address on the letter is the address on my ebay account which is not an address linked to me and is actually missing the first line.
    • Well firstly, I would point out that according to section 2 paragraph 4 it is on P2G to prove that you are not a consumer for the purposes of the contract. Anyway even if they prove it you can just rely on  Unfair Contract Terms Act 1977 which gives you similar rights.   don't out yourself. let p2g prove it. its on them to prove not you.
    • It depends, is selling stuff online your main source of income?  
    • I was under the impression that, as a business, I could not rely on the Consumers Right Act 2015?
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.


      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Small Claim-wrong company name?

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My partner is suing a company he used to work for via the small claims route. The problem is the name he's put on the papers is not a 100% correct ie instead of putting Joe Bloggs Business Ltd, he's put Adam Bloggs Ltd-even though Adam Bloggs Ltd does exist/trade and is part of Joe Bloggs Ltd. The company or MD is saying the claim will be thrown out if he takes it to Court. Does he need to start again with the claim, or will the judge take into account that he has actually worked for this company anyhow, and will therefore accept the paperwork? If someone could advise would be much appreciated as this is causing a lot of stress?:confused::(

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Already have-they've said that Defendant can have their say when it goes in front of the judge, but just don't want it to go that far to then have it thrown out anyway. And the MD of the Co concerned seems quite sure that it will be :(

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Well, he is bound to say that isnt he, just another way of intimidating you, as long as it has been a trading name then I am sure that a judge isnt going to be too pedantic over it, if the co is a subsidiary and is known by your husband as the one used then I am sure it will be ok, the judge will be used to small traders with multiple companies trying to put one over on him.



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