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    • best to be sure it is a N279. not that they pull any underhand stunts of course   but we have seen it. your bal is now £0 but we'll still attend court as you'll probably not as we've said we've closed the account and we'll get a judgement by default. dx  
    • Sorry, last bit They had ticked that they wanted the application dealt with without a hearing, so is there any relevance that a date and time to attend said hearing has been sent out ?
    • I've not seen it personally but I think that's the letter Dad has had from Overdales. I'll see it tomorrow. It states balance: zero
    • Agreed as you clearly have little faith in your star runners, mind you - I have less - conditional on the welcher clause I defined being part, and that we are talking about the three defined candidates: Tice Farage and Anderson - not anyone anywhere as reform might (outside chance) get someone decent to run somewhere. If any of the three dont run - they count as a loss.   welcher clause. "If either of us loses and doesn't pay - we agree the site admin will change the welchers avatar permanently to a cows ass - specific cows ass avatar chosen by the winner - with veto by site on any too offensive - requiring another to be chosen  (or of course, DP likely allows you can delete your account and all your worthless posts to cheapskate chicken out and we'll just laugh) "
    • This is the full details, note they have made an error (1) in that paragraph 5 stated 14 days before hearing not 7. Surely a company of their size would proof read and shouldn't make basic errors like that 1) The Claimant respectfully applies for an extension of time to comply with paragraph 5 of the Order of Deputy District Judge XXX dated XX March 2024 i.e. the evidence upon which the parties intend to rely shall be filed and served not later than 7-days before the hearing. 2) The Claimant seeks a short extension of time allow them to further and properly investigate data provided to them by Royal Mail which is of importance to the proceedings and determination of the Claim. 3) The Claimant and Royal Mail have an information sharing agreement. Under the agreement, Royal Mail has provided data to the Claimant in respect of the matters forming the basis of these proceedings. The Claimant requires more time to consider this data and reconcile it against their own records. The Claimant may need to seek clarification and assurances from Royal Mail before they can be confident the data is correct and relevant to the proceedings i.e. available to be submitted as evidence. 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024. 6) This application is a pre-emptive one for an extension of time made prior to the expiry of the deadline. In considering the application, the Court is required to exercise its broad case management powers and consider the overriding objective. 7) In circumstances where applications are made in time, the Court should be reticent to refuse reasonable applications for extensions of time which neither imperil hearing dates nor disrupt proceedings, pursuant to Hallam Estates v Baker [2014] EWCA Civ 661. 😎 It is respectfully submitted that the application is made pursuant to the provisions of CPR 3.1(2)(a) and in accordance with the overriding objective to ensure the parties are on an equal footing when presenting their cases to the Court. The requested extension of time does not put the hearing at risk and granting the Application will not be disruptive to the proceedings.   They have asked for extension Because 2) The Claimant requires additional time to consider and reconcile data received from Royal Mail which is relevant to these proceedings against their own data and records in order to submit detailed evidence in support of this Claim.
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ebay issue, please help and advise


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Hi everyone, i joined this forum after reading plenty of other eBay related threads. Basically i sold an item on eBay (a portable DVD player). The item was a gift an never used by myself so thought it was time to get rid (was going through a clearing out phase).

 

I tested the item fully before even bothering to go through the hassle of listing the item, it was my first listing so if the item was faulty would have saved me lots of hassle. Anyway i tested the item playing a couple of DVDs including one all the way through to test the battery was working ok as well as other functions that were included (digital tv etc)

 

My buyer took receipt of the item on a Friday, she had this item for a good six days before contacting me that it wasn't working she said "it fails to read my DVD" and then opened an eBay dispute. Knowing how much time and effort i went into testing this i was inclined to think it was something wrong with her disc (maybe a copied/pc burnt disk etc).

 

Needless to say we didn't reach a refund agreement, she wanted her original money plus the cost it would cost her to send it back to me. I informed her that if for some strange reason the item was damaged during delivery she left it too long to inform me that the courier i used said they would class it as she broke the item.

 

I had a real suspicion she had buyer's remorse, she insisted that the item was for her daughters birthday and was complaining that my "knowingly selling her a fault item" left her without a present a day before her daughters birthday, i asked why she waited a week and thus leaving it right before her daughters birthday to check the item, to which i received no reply.

 

So ebay in their "wisdom" took action and said that they fully believed that i checked the item and ensured it left me working, however the buyer had a significant case for the item not being as described and ordered her to return it to me at her own cost for a full refund.

 

I received the item earlier today, the first thing i did was un-package it and test the item and what do you know it still works exactly how it did when i sent the item out.

 

I know i can ask ebay to re-consider their decision what i would like to know is do i have any chance of winning here? in my eyes the buyer has lied as her reason to get her money back, it still works however i am out of the postage cost, paypal fee's and ebay fees.

 

Due to the buyer lying in her not as described case and ebay refunding her, they are now chasing me for the debt of £46.03 yet the true amount i earned was 40.60 after ebay and paypal fee's this doesn't even include the postage costs i incurred. If the sale was returned to the buyer IE the transaction never took place why are ebay still keeping their fee for a sale that according to them was cancelled and because their chasing me for the full amount they basically want me to pay their fees 4 times (2 ebay fees and 2 paypal fee's) is this legal?

 

 

Really sorry for the long post, i just wanted to as specific as possible, as you can probably tell i'm rather upset at the whole ordeal, i sold the item because i am currently job hunting and even smallest amount i'd have got for it would help. Now i'm facing being left out of pocket for what i am now sure was buyers remorse as her case was based on a complete lie.

 

Thanks for any help/advice you can give me.

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Best advice ?. Just nput it down to experience. Its one of the perils of Ebay, there are an awful lot of idiots out there who will mess you about and lie, etc.

 

I would of thought you wouldnt be out of pocket due to ebay/paypal fees, etc, in situations like this the fees are jnormally credited back to you although you could lose any postage costs.

 

It just isnt worth fighting over a few quid, but if you wanted to, then be aware that rarely/if ever do ebay/paypal puruse debtors through the courts, but should you not pay up, your ebay/payapla accounts will be barred, youll get DCA letters and they can in theory affect your credit rating.

 

Andy

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Ebay fees and paypal fees should be refunded by ebay and paypal as no transaction took place.

 

The only out of pocket expenses should be one way postage.

 

EDIT: what paypal fees? did you click the refund button on the transaction in paypal for the sold item or did you make a separate payment through paypal to refund the buyer?

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Hi thanks for the replies, the idea of my paypal and ebay accounts being barred isnt really an issue, i have no intentions of selling on ebay again nor will i buy on there, might sound dogmatic to some people but out of principle i just wont be one of their customers again. I only use paypal for ebay so if i wont use ebay dont really care about paypal.

 

I'm only young so the idea of fighting off debitors and the potential for a bad credit file is not really somthing i would like, i just dont see why i should be peanalised for actually not doing anything wrong.

 

As for the ebay/paypal fees, i didnt do anything, the transaction says reversed by ebay, one of the emails i got from ebay said they wont refund fee's which again to me sounds wrong, they say the sale transanction was reversed/cancelled/never took place what ever word they want to use so surely the fee's i incurred from both parties should be reversed/cancelled.

 

Anyway im about to phone them up, i cant deal with another useless emailing telling me that sometimes buyers and sellers have issues dont really need to be told that its quite evident to me as its currently happening.

 

Thanks for the info

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Just an update, phoning them was worse than the emails (didnt think that was possible). I was told i can appeal which of course i am going to do, however if i loose and owe them the money i have to pay them the full amount, then re-list my item and the fees on the second sale wont be counted.

 

Can they be for real? their seller support is shocking, why on earth would i want to go through that stress and hassle again, i paid my fee's on time with cash so they should be retuning said fees via the same method.

 

Am i right in assuming they have to return my fee's in cash so basically just take it off the amount i owe them?

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It seems odd that they told you the fees on the relist item won't be counted. I've never had this. It's always been that the seller fees were refunded at the time of refunding the buyer.

What would happen if you decided not to relist.

Have you tried posting on the sellers forum on ebay community? Maybe they know or have heard of this before.

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Hi Nagasis, the woman i spoke to on the phone was absolutely useless, was instantly easy to tell she was reading a script. I did say that i had no intention of re-listing this item or ever selling any item useing their service again so i request my fee's back in real money not eBay credit but i think her script must have said error because she didnt really respond.

 

Her overall solution was, i pay ebay £46 and relist the item, when it sells my fee's wouldnt be taken a second time but i can see that going horribly wrong for a start. They would look into the buyer and potential delete and block the buyers account because she said the actions of the buyer are against eBays rules and would be suspended. So even thou it sounds like the buyer has broken rules she gets her account suspended and i get chased for money i can see why they cant chase the buyer for the money as they decided to play judge and jury and they got it wrong.

 

I spoke to a friend of the family who runs his own company, he spoke to his lawyer's and they all agreed that i should say to ebay that if they want the money from me they will have to take me to small claims court i will represent myself and the item and with a impartial judge i will win because the item is working. The friend of the family seems to think they wont bother with this course of action based on that fact they know they would loose.

 

Does this sound like good advice? or is it too much hassle and effort i love a good argument but i'm currently un-emplyed looking for work which is probably more stressful than my entire uni course last thing i need is another reason to make my blood pressure go sky high.

 

I havnt used the ebay forums, mainly because all the posts i've read people just state your the seller you have to offer refunds etc and then just end with pretty much its ebay suck it up and try again. Whilst i value everyone's opinion thats not going to make me feel much better i thought maybe a different community might offer a less biased insight.

 

ooops long reply again sorry.

 

It seems odd that they told you the fees on the relist item won't be counted. I've never had this. It's always been that the seller fees were refunded at the time of refunding the buyer.

What would happen if you decided not to relist.

Have you tried posting on the sellers forum on ebay community? Maybe they know or have heard of this before.

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There is prob little more we can add. Things go wrong pn ebay for nearly everyone eventually you learn to deal with it and be careful about what you sell and who to. As youve discovered their customer service is awful but there is little you can do, if you are genuinelly agreived then sue them, many have been succesful but moaning on here will not get your money back. I like others above dont understand the fees situation, when sales r reversed ebay and paypal fees are refunded.

 

Andy

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The only thing i can think of is maybe not having any money in paypal caused the fee's not to be refunded as technically i still have the money i made from the sale just in my bank account not paypal.

 

Either way i have decided to fight this case because they emailed me saying that they are glad i received the item working, and that because it works i can and should just re-list the item however they still wont reverse their decision which without saying the word they have near enough said that they were wrong.

 

I have told them that i am fully prepared to go down to their head office in the Richmond as i live about 30mins away from it or they can take me to court for the money.

 

Luckily i dont have to go through the hassle of suing them i have my money they will have to sue me if they want to be paid

 

There is prob little more we can add. Things go wrong pn ebay for nearly everyone eventually you learn to deal with it and be careful about what you sell and who to. As youve discovered their customer service is awful but there is little you can do, if you are genuinelly agreived then sue them, many have been succesful but moaning on here will not get your money back. I like others above dont understand the fees situation, when sales r reversed ebay and paypal fees are refunded.

 

Andy

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No my paypal accont is 0 it was in negative during the dispute, however now my paypal says 0

 

but on ebay it says "You have an unpaid balance of £46.02 in connection to a case or cases in the Resolution Centre." so they claim i owe them the full amount they repaid her because she paid 36.02 plus £10 postage which they refunded. I can see why the say i owe them 46.02 because thats what they refunded the buyer however i havnt given back my paypal fee's or final sale fees so thats why it feels like they want me to pay 4 times for fee's.

 

Im going to get my some legal advice of my own via the citizens advice next week, so i know were i stand legally.

 

Is your Paypal account negative ?, how much do you believe Ebay/Paypal claim you owe them ?
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I very much doubt whether CAB can give you any meaningful advice, they are a very busy organisation and the law regarding ebay/paypal is very unclear and is mostly covered by the T&C's, which dont forget you agreed to...so I doubt whether they would know where to start...this is further complicated by them being both registered in Luxombourg with a limited Uk prescence.

 

Either you pay Ebay, dont pay them (and youll be chased but they wont actually start any legal action) or sue them for the returnm of the fees (although I suspect that have actually complied with the law and T&C's so Im not sure how you could sue).

 

Andy

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What I would pay is the 40.60 that is owed for the item.

Then id have a think about the £5 odd listing and final fees.

 

Do you want to be chased for such a small amount.?.

If youre like me I'd tell them where to go out of Principe, however im silly sometimes and will fight just for the sake of it. If 5 quid buys you a quiet life then maybe just as Andy says chalk it up to experience.

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haha it sounds like were both the same, i'm very much of the opinion its the principle. Honestly i dont really want or need the hassle of being chased for money nor do i need or want the hassle of having to keep contacting them.

 

I would bite the bullet and loose the delivery fee's and chalk that upto experience, but the idea of not having fee's refunded and having to pay them again is probably the part that has really frustrated me. If they agree to me paying back what i actually received then yes for the quite life i would probably give in. I've always said these big companies rely on people just bowing down to them and they should be stood upto once in a while but it truly does seem like too much hassle.

 

 

What I would pay is the 40.60 that is owed for the item.

Then id have a think about the £5 odd listing and final fees.

 

Do you want to be chased for such a small amount.?.

If youre like me I'd tell them where to go out of Principe, however im silly sometimes and will fight just for the sake of it. If 5 quid buys you a quiet life then maybe just as Andy says chalk it up to experience.

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Hey everyone its been a few days since my last post, i thought i would give an update and say that my persistence is starting to pay off. I decided to stop using the normal means of contact I.E the telephone calls and emails to customer service who where just absolutely useless and of no help, and decided to go straight to the organ grinder, I sent a direct email to the CEO and president of eBay.

 

He assigned someone from within the "office of the president" to assist me, currently they have admitted that their buyer protection system has flaws and that it does allow buyers to make fraudulent claims because they never see the items. They claim that because they do not inspect items they "cannot mediate or take sides in a dispute." i thought they did this all the time thou?

 

Anyway, they have finally admitted that i should not be out of pocket for their mistake in siding with the buyer, so they have issued me with a £20 eBay voucher that expires on the 31/12/2012. Its a gesture of good will however they still haven't explained why my eBay/pay fee's weren't refunded or why they are charging for them again.

 

I'm currently trying to get them to take the money off what i owe with the voucher as i have no real use for it and the whole point of selling something was to make some money to pay bills not buy more stuff i probably don't need.

 

Anyway i just wanted update the thread in case anyone else goes through the same issues, never back down without a fight if you know your honestly in the right these companies are big but they aren't against the law and a letter/email to the right person always helps :)

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