sold item on Ebay, all went ok, but buyer is now suing me as it needs a service

[richardsbest]

Hi,

i need some help,

 

i recently sold an expensive watch on ebay.

 

I wanted it collected in person with cash as didnt want any come backs.

 

It was as advertised with pics ect, also had it authenticated in writing.

 

i had 1 winning bid,

the chap asked if i could courier watch to him and he would transfer money into my bank account.

 

money got paid in ok and recorded delivery to him.

 

i thought everything was fine until i have just returned from working abroad and to my dismay i have a court letter saying that he is claiming £470

because the watch needed servicing ect.

Can he do this?

Thanks.

[Conniff]

Is this a genuine letter? have you checked with the court who issued it?

 

£470 ! my car cost less than that for a full service.

 

Can you pm the listing number so we can take a look.

[richardsbest]

Yes seems genuine? Will check tomorrow as only arrived back last night. Yes the watch was an expensive one. Think the situation might me getting serious as the latest letter says, you have not made payment under the judgement as you were ordered. The claiment has therefore asked for a warrant to be issued to the bailiff to seize my goods.

[Conniff]

As you haven't yet had time to check this out, that sounds a bit fast. You have 28 days to pay a court judgement and then further action can be taken.

 

Can you scan and post up these court papers. Is there a court summons among the mail sent when you were away ?

 

Can you put a timeline on ?

[richardsbest]

yes unfortunately i have been away for 3 months. Cant scan im afraid as no scanner. Yes did have a summons while away.

[Conniff]

Have moved your thread into the Legal Issues section

[Conniff]

So what correspondence/email are there from the buyer asking for payment ?

[richardsbest]

No havnt put in legal section yet, not had any emails from him, only ones on ebay, he started and lost a case against me on there. Ebay went in my favour.

[richardsbest]

How can i move into the legal section please?

[unclebulgaria67]

How can i move into the legal section please?

 

Done already.

[Conniff]

Richard, can you start at the beginning with the date the sale was made and list all the letter/emails either through the post or through ebay. The dates are important so if you can also list the date the court summons was sent etc, that would help a lot.

 

You don't have to copy the text of the letters, just a prompt as 24th Jan complained the watch needed servicing.

[richardsbest]

Thankyou.

[unclebulgaria67]

You need to set aside the CCJ, as you have been out of the country.

[Conniff]

This all seems a bit swift to have got to this stage UB, we need the timeline especially as there is Christmas and New Year in there as well.

[richardsbest]

Thankyou unclebulgaria, how do i do that? Just tried your link but could not find the section i need. Thanks.

[unclebulgaria67]

Thankyou unclebulgaria, how do i do that? Just tried your link but could not find the section i need. Thanks.

 

Click on Debt at the top of the screen, then look for legal issues folder.

[Amber Leaf]

Has the buyer gone straight for litigation, no attempt at mediation, no LBA?

Also has he gone ahead and had the watch serviced and is now attempting to recover the cost from you?

 

I think if any of these is true you it should be a doddle to get this set aside.

[richardsbest]

Got an N244 application notice. Will cost £80 but will go back to judge apparently and be heard again?

[Conniff]

Richard, can you answer some of the questions you have been asked please. No one can help if they don't know what it is all about.

[unclebulgaria67]

Got an N244 application notice. Will cost £80 but will go back to judge apparently and be heard again?

 

Yes you can apply for the set aside on the basis you were absent, but you would also need to say what the merits of your case were. Hence why questions have been raised.

 

Did you mention in the EBay advert anything about the condition of the watch and in particular servicing ? What were the particulars of the claim made against you, which concerned the condition of the watch or breach of the contract which they said you were responsible for ?

[richardsbest]

yes he has gone ahead and trying to recover the cost.

[richardsbest]

Yes i mentioned that it was in good condition, which it was. Took 6 digital photos and gave full description and stated on the advert that i wanted it collected in person as didnt want anything like this to happen. But i was persuaded to courier and bank transfer. So he has gone ahead and had the watch serviced and is now attempting to recover the cost from me. Even took it to a local dealer to make sure was original and that it was in full good working order, he gave me paper work to prove this.

[unclebulgaria67]

Yes i mentioned that it was in good condition, which it was. Took 6 digital photos and gave full description and stated on the advert that i wanted it collected in person as didnt want anything like this to happen. But i was persuaded to courier and bank transfer. So he has gone ahead and had the watch serviced and is now attempting to recover the cost from me. Even took it to a local dealer to make sure was original and that it was in full good working order, he gave me paper work to prove this.

 

So complete the set aside on the basis of your absence and of the above, paying the £80. Re the absence you will need to put the dates that you were out of the country and were therefore not aware of any claim. Re the service issue, you just need to enter that no reference was made to the watch having been serviced in the EBay advertisement or in any communication and that the court can be provided with written proof from a local watch dealer that the watch was in full good working order before the sale took place. You therefore request the original default judgement to be set aside.