small claims

[uk_geezer]

I purchased an item on ebay and the seller sent an item that was substantially different from that listed. I returned for refund under distance selling and the seller claims he didn't receive it. I have proof of delivery. The seller trades on ebay under a "business" name and will not disclose his/her real name to me. Ebay will not disclose the sellers details either.

 

I wanted to progress this matter as a small claims action but require a HUMAN name to claim against.

 

Any advice please?

[marmaris30]

Have you tried taking this up with PayPal (assuming you paid that way) or, failing that, your bank (if you paid by debit/credit card via Paypal or otherwise)?

 

Assuming you have tried the informal routes, it is possible to obtain a Court order forcing a third party (EBay in this case) to reveal the true identity of another, when you need to serve a claim on them and of course if you have a case with a reasonable prospect of success. It's a bit of a specialist area though so I'm not sure you'd want to do this on your own. Is the claim going to be for a significant amount that would warrant this?

[marmaris30]

I should add that if the item was over 100 pounds and you paid by credit card then you are protected by s75 of the Consumer Credit Act. Your card issuer shares liability for defective goods etc with the seller.

[BRIGADIER2JCS]

Report the matter to e bay as fraud, you have proof of delivery.

The CCA section 75 protection may apply.

[uk_geezer]

Small amount; much less than £100.

 

Already submitted complaint to ebay and they dismissed it claiming I had no proof of delivery WHICH I DO. There is no way to raise the complaint to a higher level on ebay and out of principle I want redress against the seller.

 

Ebay refuse to disclose sellers name.

 

Paypal also refusing.

Edited June 6, 2013 by uk_geezer

[marmaris30]

You need to exhaust all the informal routes before you think about legal action.

 

You could either write EBay a letter sent by recorded post, or take it up separately as fraud with Paypal, if you used them. Then try, or just go directly to, your credit card issuer, if you used one.

 

Only then think about making a court claim, with all the expense that it could involve, all the more so because you don't know the true identity of the seller (although you do know his address and business name, right?).

[uk_geezer]

I appreciate what ye say, and I will try every possible option, but ultimately I'm quite happy to take legal action if it comes to it because the goods were returnable under distance selling regulastions which is a legal right, and the seller is not disputing my rights under distance selling. What tey ARE doing is claiming they did not receive the returned goods despite me using a reputable courier and having proof of delivery. I am confident I would succeed. I simply need a name.....

[Conniff]

Is your proof of delivery a Post Office (or delivery company) receipt ?

[Conniff]

Have moved you to the Retailers - High Street and On-line Stores Forums section

[uk_geezer]

Is your proof of delivery a Post Office (or delivery company) receipt ?

 

Courier....

[Conniff]

Have you got a paper copy of the couriers delivery signature ?