Seller, after paypal refund, now chasing refunded money

[b2368989]

Hello

 

I bought 20 toys from someone on ebay.

We arranged a sale outside of the auction site as I only wanted 20, rather than the 50

the seller was selling (as a bulk lot). They cost about £100.

 

 

When they arrived, one toy was completely different to that of the agreed list.

I notified the seller straight away and they said they would look at their stock and get back to me.

They never did,

 

 

I started a PayPal claim for £5.

The seller then emailed me asking why £5,

I said this was the price paid, divided by the amount of goods bought.

The seller did no respond.

 

Upon waiting for PayPal's time scale, I escalated it to a dispute for the full amount (£100).

The seller did not respond, despite regular emails from PayPal to do so.

After the time limit, PayPal awarded me the full amount refund.

 

The seller has since contacted me and asked for me to "please pay for toys"

I have not responded.

 

 

Within days, they had begun finding me on Facebook, contacting me through ebay, and now finally they have written to me (recorded delivery).

 

The seller has no interest in sorting it out in the beginning, which is why I applied for a full refund.

i am still in possession of the toys sent.

 

 

I originally said I was happy with the other toys (as I still am) and happy to receive a partial refund (of £5),

why am I not re-paying?

 

 

The seller had every opportunity to respond and help resolve the situation but didn't

It is only since PayPal refunded that they are now fully into action.

 

The details of the letter are:

 

 

• Stating they will be taking me to a small claims court (already threatened this by email/ebay messaging).
  Interesting that the CAB website states the usual (and reasonable) amount of time for this is a calendar month. The seller has given me 7 days from the date of the letter, so 6 days after I received it - not exactly "reasonable".
  
• Charging me postage for the letter they've written.
  
• £1 per day of interest, starting the day I received the full amount back.
  
• Charging me for any legal advice they may need to seek.
  
• Charging me for the cost of sending this to a small claims court.
  

 

The seller states I proceeded "without notification" to make a claim for the full refund, when this is not true.

The initial PayPal claim was for £5, but as this was ignored, I escalated it to the full amount.

From what I can see, PayPal emailled the seller on numerous occasions.

 

The timeline from PayPal is below:

 

26 Feb 2016 - Buyer: Dispute opened

26 Feb 2016 - PayPal: Email sent to buyer

26 Feb 2016 - PayPal: Email sent to seller

1 Mar 2016 - Buyer: Dispute opened

1 Mar 2016 - Buyer: Dispute escalated to claim

1 Mar 2016 - PayPal: Email sent to buyer

1 Mar 2016 - PayPal: Email sent to seller

8 Mar 2016 - PayPal: Email sent to seller

12 Mar 2016 - PayPal: Email sent to buyer

12 Mar 2016 - PayPal: Email sent to seller

 

I have italiced the dates in which PayPal contacted the seller.

 

What are my options now?

 

I plan to respond, by letter (although I may email the letter instead)

asking a number of questions as to why the seller did not bother to mediate when they had the chance

- and even now, they have not asked me to repay the £95 - just going all out and telling me this and that.

 

Sorry, I know it has been a long post.

[BankFodder]

So I understand that so far it is simply a PayPal dispute with a threat of court action.

 

I understand that PayPal has now refunded you the full amount so that you are now in possession of all 20 toys + the money from PayPal. Is this correct?

 

I'm afraid that I think that your position is that you must either return the toys, or return the money or the 19 satisfactory toys plus a £5 refund.

 

As far as money for letters or interest are concerned, don't worry about it. However, if you hang onto the money and to the toys and if a County Court claim is issued against you then I expect that you will lose and that you will have to repay the money, plus the sellers reasonable costs of travel, plus the cost of his claim fee, plus 8% interest.

 

If I were you I would sort this out quickly before a claim is issued. Once a claim is issued then you will be liable for the sums I have suggested above.

 

Dispute settlement and County Court claims are about putting people into the position that they would have been had the contract been carried out correctly. In your situation, you seem to be wanting to keep the toys and also to keep the money and I can assure you that the courts would not accept this.

[tezza1234]

Great advice from Bank Fodder, you can't have it both ways, ok the seller may not have acted in the most professional of manners but you can't keep 19 or 20 toys plus the full refund, which you already said YOU escalated it too, even though you also said you are happy with 19 of the toys. I think you need to return the toys and pay asap or face the wrath of the courts.

[b2368989]

Thanks for the advice.

 

I thought it would be this way anyway so was prepared but the requests from the other side are fairly un-reasonable and thus makes me angry and not want to help the situation.

[tezza1234]

Thanks for the advice.

 

I thought it would be this way anyway so was prepared but the requests from the other side are fairly un-reasonable and thus makes me angry and not want to help the situation.

 

the other side may be in the wrong but essentially you have turned to theft almost, 2 wrongs don't make a right.

[BankFodder]

the other side may be in the wrong but essentially you have turned to theft almost, 2 wrongs don't make a right.

 

I think that this is very strong and does not at all reflect the position. However, your objective should be to get what you paid for - not to profit out of this

[tezza1234]

It may be strong but the buyer admitted they chose to escalate the paypal claim to a full refund from the initial £5 yet already said they were happy with 19 of the 20 items, If the buyer had said this was over a £5 claim for 1 wrong item in 20 then fine, no problem, but to choose to claim a full refund and keep all 20 items is just plain wrong.

[liverpoolluke]

the buyer gave the opportunity for the seller to put thing's right, the seller ignored all contact in the hope it would go away, the buyer followed all the rules and term's set out by paypal and was given a refund

 

 

I'm a little confused as to why the buyer has to return or repay the money as the buyer has followed correct procedure

 

I have been in a similar situation where by I got a refund from eBay for a faulty item, the email from eBay clearly stated that I was to keep the item and get a refund, a few weeks later I got a letter from the business confirming my money had been returned, no mention of returning or repaying for the item