PayPal has refunded eBay purchase but seller wants item back and now issued court action

[molly316]

having considered the responses I may as well defend

 

The letter I have doesn't look the same as those I've seen before but this is what I can see. Have attached redacted page 1 and the box I have to complete on the money claims site.

 

Which Court? in the county court business centre online civil money claims

 

Name of the Claimant : Mr Martin Anderson

Claimants Solicitors: n/a

Date of issue – 23 September 2022

Date for AOS - 12 October 2022 extended to 26 October 2022

Date to submit Defence - 9 November 2022

 

What is the claim for –XX bought the wrong type of motor and foot control on eBay for their machine then approx 2 months later wanted a refund as they stated this was wrong for their machine, the listing does clearly state what type of machine this is for, eBay closed this return in my favor as out of time for a return, then the same day the defentant XX then done a charge back with their financial institutions stating something different as to what they stated to ebay,  now stating with their financial institutions (doesn't match the description in your listing) what is total lies, I have made a phone call to the defendant to ask for the return of the motor and foot control but XX the defendant refuse to return the good, I also sent a recorded letter stating we would like payment or the goods returned but no reply, I have also contacted Action fraud that have now past this to the police (for fraud by obtaining goods by deception) (copied as written)

 

What is the value of the claim? £88.24

Amount Claimed £52.90

claim fees £35

Total interest claimed to the date of submission 0.34

Total Amount £88.24

N1 page 1 Claim Form.pdf to action.pdf

[The GodMother]

Well how much of that is true eg did you open a ebay case saying wrong one. 

He states you done a charge back with the bank l am assuming. Did you do this. 

 

When did he make the phone call and when was the recorded letter received 

[molly316]

(Full disclosure it is actually my OHs name on the claim form but it was me that suggested we return it and I am acting on here on his behalf. I refers to the defendant).

 

Summary: I believe I am within my rights to request a refund as we believe the item is not new as described as there are clear signs of wear to the motor under the consumer rights etc.

 

Claimant has made some assumptions:

1. that I wanted to keep the item AND obtain a refund

2. that I have done this fraudulently with intention of theft by deception

3. That I ordered it by mistake. I did not-  ordered it to take apart and fit the motor inside into a different machine for what it was intended.

4. I agree there was a delay in the initial request for return for various reasons -there was a hold up at the post office which meant the time slot available to look at the machine was missed so due to shift work it had to wait until the next days off which added extra time.

5. The seller suggested I re sell it on eBay but as it didn't look new inside that wasn't an option.

6. For the eBay return reason I just said it wasn't suitable but didn't specifically state that the reason was bcos it was worn inside like the one we wanted to replace. 

7 PayPal give a longer return time and I claimed as not as described bcos the insides of the motor showed signs of wear. It was sold as new.

8. Apart from the first reply to the return request on ebay all communications have seemed threatening and accusatory. He made 8 calls whilst I was asleep and woke me on the last one ranting and threatening to send to send the police round (he stated the name of the local police) which was getting neither of us anywhere. I passed the phone to my partner and she tried to get the claimant to calm down and speak reasonably but even she said if you don't stop shouting and act reasonably I will have no choice but to hang up and did so. The call lasted approx 12 minutes. Neither of us could get him to accept we simply wanted to return it. At no point did we refuse to return it.

9. Myself and my partner were getting ready to go on a 3 week holiday had a million and one things to do and disturbed and upset by the phone call hung up and just presumed he would call back when he had calmed down.

10. We then called eBay and reported his actions who agreed he had acted unreasonably, that we should report him as in breach of eBay policies, report him to action fraud, block him and they would take his actions very seriously. We were told they have no record of him contacting eBay. 

11. Also called PayPal who agreed the case was closed NFA- end of. IIRC there was no online chat available at the time hence the calls 

12. Both follow up letters came while we were out of the country.

13 In return I have left a message on his answering service saying we had been away and would deal with this now we were home. 

14. Emailed asking for return label and discontinuance and had no reply.

 

[molly316]

21/8 reason for return doesn't fit. This replacement isn't suitable can we please return it for a refund.

On checking I have actually made an error and stated it doesn't fit now I see maybe why he's kicking off. 

25/8 eBay closed case in sellers favour

25/8 I opened claim via PayPal as Not as described

31/8 seller didn't respond

4/9 Paypal claim closed in my favour - called PayPal to ask how I could return it and they confirmed there was no need to do so. 

5/9 got 8 phone calls gave up trying to reason after 12 mins ranting 

7/9 - 28/9 in Greece returning early hours of the 29th

7/9 recorded letter sent 

22/9 claim started thro money claims

 

NO charge back I opened a claim thro PayPal requesting to return as it wasn't as described IE not new inside 

[FTMDave]

As The GodMother says, you just put a few brief details in the defence.  The clock is ticking.

 

That can all be fleshed out later in a Witness Statement

[The GodMother]

Some one with a bit more knowledge will have to make this a bit better but the basics as l see it that would need to be pointed out

 

1 Yes, it is agreed that on date l did purchase a motor and foot control from Claimant 

2 Yes l did open a claim mistakenly saying it as wrong fr the machine. I should have opened a not as described case. 

3 Yes the claim was closed in claimants favour. 

4 I did not do a charge back with financial institutions 

5 I made a PayPal claim on xxx that the item as not as described. Item was clearly listed as new when it was not. 

6 Claimant had 6 days to respond to my claim and failed to. 

7 On xxx PayPal closed the case in my favour stating l did not need to return the item. 

 8 On date the claimant made 8phone calls to me while l was asleep. 

9 During the last phone call the claimant was constantly shouting and making threats towards e. He refused to act reasonably and during a 12 minute conversation was told he would be hung up on if he did not act reasonably. 

10 the phone called made my partner and l feel rather distressed and threatened. 

11 I contacted ebay who advised me t0 report the seller for breech of ebay rules and abusive behaviour. They further advised we block him and report him to action fraud which we did 

13 we are unaware of how the claimant got our number ebay said it was not them that passed it on

14 On xxx we left for a 3 week holiday to Greece during this time the seller sent a recorded delivery letter that Royal mail marked as Delivered on Date ke sure you have tracking details for this if it was not sent recorded then state this 

15 on date claimant issued this claim 

16 the claimant was asked via email to send a returns label they have ignored you 

 

[molly316]

Many thanks! I managed to get most of that in. Lets hope he responds reasonably. 

[AndyOrch]

Topic moved to Financial Legal Issues forum in view of the court claim.

[The GodMother]

Your welcome. 

 

See where it goes but no harm in starting to gathering evidence for witness statements and bundles. 

 

Just a thought do you have the item still. I ask as if you do you could take it to court and show the Judge the items condition etc. Anyway this is getting ahead of yourself. Just start printing off and putting in a folder anything you might need from Ebay and Paypal Most importantly the Listing as that will be evidence on the not described part.  

 

Oh and read around the forum to get some idea of how things will work come back with questions and updates. 

 

[molly316]

Yes I've been collecting info like messages and screenshots ready and will keep reading. 

Yes I still have it as he didn't respond to my request for a return label so I could get a second opinion if necessary or as you say show the wear should it come to it. 

Update: Claimant has rejected my response but agreed to mediation & hopefully will see reason at this stage. 

[The GodMother]

That was quick normally it takes a few days for the courts to sort that out. 

 

Wait until.you get the DQs and go from there 

[molly316]

Both DQs completed already 

[The GodMother]

Wow this is moving quickly. 

[molly316]

Claim status is Mediation expected within 28 days. 

[molly316]

Update: Mediation date set for 15/11.