eBay buyer issues

[SJM2805]

Hi,

 

Just after some advice.

 

I sold an item on eBay in November and, after a couple of weeks or so, the item still hadn’t arrived, the buyer opened a request with eBay. The buyer ended up receiving a refund and the case was closed. However, shortly after, the item was delivered to the buyer.  I also have proof from the tracking details that the buyer has received and signed for the item.

 

I contacted eBay about this and they told me to contact the buyer and ask them to either send the item back or to send me a payment for what the item originally sold for. The buyer has not responded to my email and eBay have said that, once a case is closed, there is nothing that they themselves can do for me to receive my money back. 

 

Is there any legal action I can take regarding this matter as I do have proof that the buyer was refunded and later did receive the item? 

 

Kind regards 

[BankFodder]

Yes there is a legal action. You can sue them for the money which they owe you.

From what you say I gather that you know the name and address of the purchaser.

Can you tell us what the item was and how much money has been reimbursed to them?

[SJM2805]

Yes I have name and address details. 

The item was a mobile phone which sold for £299. 
 

The buyer has been refunded for the full amount. 

[BankFodder]

Okay.

No point in hanging around. Read up on this forum about the steps involved taking a small claim in the County Court.

Draft letter of claim and post it here.
Once we have checked it and it seems okay then you should send it off and click off the claim 15 days later as promised in your letter of claim.

Once you have sent the letter of claim then register with the County Court MoneyClaim website and begin your claim there. Post up a draft of any particulars of claim here before you issue the claim.

If you send the letter of claim then be absolutely certain that you aren't bluffing and that you will click the claim of as promised in your letter of claim.

If you aren't certain then don't do it – but then probably better give up

You can also inform them in your letter of claim that once you receive your judgement, that their full name and address and also their eBay ID will be posted up on this forum and elsewhere on the Internet together with a copy of the judgement.

[SJM2805]

Ok I will read up on it and post a copy of the letter of claim before sending it to the buyer. 
 

Thank you for your help and happy new year. 

[SJM2805]

Hi, can you advise if this Letter of Claim is acceptable to send thanks: 
 

Quote

 

Letter of Claim 

 

Dear ********* *****

 

I am writing to you in regards to an item you purchased from me via eBay on 25/11/2022 for the sum of £299 which was an Apple iPhone 11 Pro Max mobile phone [item number 314220961744]. 

 

You opened a request with eBay 08/12/2022 as the item had still not been delivered at that point and on 12/12/2022 you were issued a full refund by eBay and the case was closed. 

 

On the 21/12/2022 the item was delivered to your address and I have proof of this from the tracking details that I entered on to the Royal Website which shows that the item has been delivered and signed for. 

 

I contacted eBay regarding this matter and they told me that I should contact you and ask you to either return the item to me, or, if you wanted to keep the item, to send me a payment for the sum of £299 - the amount that the phone was originally sold to you for and the amount that was billed to my account when you were refunded by eBay. 

 

I then contacted you and asked you to send the item back or to send a payment to me for the amount of £299 but you did not respond to my email and have refused to resolve this situation.

 

This Letter of Claim is to inform you that you have 14 days to either return the item to the address listed above, or, if you wanted to keep the item, you will need to send a payment of £299 to my PayPal account which is:

 

**********************

 

If this situation is not resolved within the 14 days then I will be escalating the matter to the County Court. Once the matter is escalated to the County Court, you will not only be liable to pay for the cost of the phone, but also any court fees which may be incurred plus interest charges. I have all your details to hand and the evidence that the phone was delivered to you which will be passed on to the County Court. 

 

Yours sincerely,

 

**** ******** 

 

 

[BankFodder]

That's fine. Send it.

Just to warn you that if this person is a vindictive person, you may not get the phone back in the condition in which it was sent. I hope you have evidence of its condition because if not you might then have a very complicated problem on your hands

[SJM2805]

Ok thanks.
 

Yes I have photos of the phone’s condition and also evidence that the phone was in working order etc. 

[BankFodder]

Another thing you could do would be to consult the land registry web search website.

 

For £3, you can check the address and see whether the person happens to be the owner of the property .

If they are, then that gives you an additional leverage

 

 

[SJM2805]

Ok thanks for your help. 
 

Will let you know how I get on. 

[BankFodder]

Yes, keep us updated step by step. We can help you work this out .

Think that a land registry check for 3 quid would be a sensible set and would represent good value, especially if you found that they were the owners of the property