eBay buyer denies delivery - claimform issued against buyer

[sgr665]

I sold an item on eBay before Christmas for £150.

Postage was tracked with signature of delivery via UPS, unfortunately they delayed delivery for several days.

Customer was very impatient, opened a case and I had to refund them.

 

Next day after refund, item was delivered and recorded as received by my customer (tracking number plus UPS provided her name as recipient).

I immediately messaged her asking to send the item back or if she would like to keep the item I could give her my bank details for money transfer.
Buyer denied she ever received the item.

I opened a claim with UPS,

who after 7 days sent me a confirmation that item was indeed delivered to the right address and received by the buyer.

 

I have these 2 confirmations, but she's still denying she received the item.

 

Buyer initially claimed she and her husband were home all day.

Then she started to claim she was home alone all day and there was no delivery.

Not sure if this is relevant.

 

I have since issued a small claim.

How does the court treat carrier's confirmation of delivery?

Is this a strong evidence in court's view?

[dx100uk]

who have you issued the claim against?

can you post up your claimform suitably redacted to not to ID you or the buyer. inc all ref numbers.

 

Paypal/ebay obviously sucked the money back out of your bank account?

 

why did you not simply raise a chargeback to your bank and simply run away from paypal/ebay.

they dont ever do court themselves

 

dx

 

[sgr665]

I have claimed from the buyer. eBay was barely involved as I issued a refund myself without buyer escalating it to them.

 

28 NOVEMBER 2022

 

LETTER BEFORE ACTION

 

Dear xxx,

 

This letter pertains to the debt you owe me amounting to 123.95, and despite numerous attempts to resolve this issue, the debt remains outstanding.

 

This debt relates to the item you have bought from me on 13th of November 2022 –

xxx

For the price of 123.95

The item was delivered to you on 26th of November 2022, which is confirmed by UPS

 

As a gesture of goodwill and to recognise inconvenience caused by late delivery of the item, I am happy to provide you a time-limited discount of 13.95 bringing the outstanding amount to 110.00.

 

Kindly use my xxx bank account details to transfer the money:

Account Holder: xxx

Sort code: xxx

Account number: xxx

 

Should you wish to return the item back to me instead, please use any standard shipping service you find convenient and post the item back to me at my address. I am ready to reimburse you any reasonable shipping expenses you may incur.

 

I am waiting to receive the amount of 110 to my bank account OR to receive the item back from you until

09th December 2022

 

Should you fail to transfer the money owed or send the item back to me, I will proceed with filing a claim in County Court for the full amount of outstanding debt - 123.95. Please note in this case you may also become liable to cover claim fees in the amount of 35 PLUS any further legal fees resulting from this claim PLUS interest on outstanding debt which I will charge at annual rate of 8%.

 

 

Yours Sincerely,

x

[dx100uk]

and you have filed a court claim.?

what date is top right on claimform?

 

and what was the exact particulars of claim.

 

 

you say you refunded yourself from your bank A/C direct by bacs to the buyer?

[sgr665]

Yes, I have files a small claims court claim

28th of November

Sorry, I thought this was a LBO you asked about, I am not sure I have N1?

No I refunded through eBay, I had some money on my account and I believe eBay refunded from those funds

 

I think I found it, I made the claim online - Date on the form there is 19.12.2022

[dx100uk]

42 minutes ago, sgr665 said:

No I refunded through eBay, I had some money on my account and I believe eBay refunded from those funds

now talk in english please...

either you actioned the refund or ebay did it automatically as the buyer complained

 

did YOU do this:

1. Locate the order in Seller Hub or My eBay Sold .
2. From the dropdown menu, select Send refund.
3. Choose a reason for the refund.
4. Specify a refund amount for the item or for the order.
5. Enter the desired refund amount, and select Send refund.

 

can we have the particulars of claim please

 

what stage is the claim at?

look on mcol.

tell us what it says please

has the defendant filed a defence 

if so lets see it too

[sgr665]

Working on the particulars, it's in pdf so I need to edit out all references.

 

Buyer opened a case, I issued a refund myself through the case action BEFORE buyer would escalate it to eBay.

Refund amount was £123.95

Claim has been sent to court on a small claims track and I just received an order to submit my witness statement and all relevant documents

 

I will post defendant's response and N1 in a bit

[dx100uk]

read our upload guide it tell you how.

 

 

[sgr665]

Claim Particulars.pdf Defendants response.pdf

thank you for the guide!

 

Claim
Reason for claim:
3.1. On November 13th the defendant purchased an item from me for the amount of £ 123.95 through online platform eBay.

3.2. Parcel with the item was posted next day.

3.3. On November 18th the defendant has in formed me that the parcel has still not arrived, to which I advised to wait several days, as parcel could still arrive and tracking information provided by the carrier was showing that the
parcel may be delayed.

3.4. On November 21 st I have opened a claim with the carrier to try to locate the parcel.

3.5. On November 25th I have refunded the buyer informing her that she would need to return the item in case it still arrives and that I would cover any reasonable return postage costs.

3.6. On November 26th the item has been delivered to the defendant, of which I have immediately in formed her asking whether she would prefer to keep the item or sent it back to me. Delivery has been confirmed by the carrier as delivered at the defendant's address.

3.7. The defendant has denied she has received the item.

3.8. On November 29th I have further contacted UPS asking them to investigate.

3.9. On December 6th UPS has contacted me via email telling me that they have concluded the investigation and can confirm the item was delivered at defendant's address.

3.10. On December 6th I have again contacted the defendant telling them of the reSUlt of the investigation and offering to provide return shipping label or a discount if the defendant wishes to keep the item.

3.11. Despite initial tracking information AND subsequent carrier investigation  confirming the delivery of the item at the right address, the defendant has of yet not paid back the money or returned the item.

.............................

 

 

[dx100uk]

right so you are at the disclosure and fee paying stage.

date for you to pay the fee 

date for each to exchange witness statements and exhibits

 

 

[sgr665]

date for you to pay the fee - don't have it, I checked order and online the claim does not have any information about the fee

date for each to exchange witness statements and exhibits - 4pm 14th of February 2023

[dx100uk]

should be on your n157 that details exchange date for WS's?

 

dx

 

[sgr665]

I do not have it, I looked at all claims documents.

In the Order there's a note that court date will be sent to me later. If by N157 you mean notice of allocation, I do not have it either.

 

I can screenshot all documents that I have in the claim, there are only four:

Download the judgment order (PDF, 75KB)
Created: 12 January 2023

Download the claimant's hearing requirements (PDF, 12KB)
Created: 4 January 2023

Download the defendant's response (PDF, 26KB)
Created: 30 December 2022

Download claim (PDF, 78KB)
Created: 19 December 2022

[dx100uk]

read upload and put all those suitably redacted in one mass PDF

[sgr665]

I've already uploaded claim and defendant's response.

Are those enough to give some advice on my claim?

I may be missing something but there's nothing in other two documents I haven't already shared here

[dx100uk]

On 22/01/2023 at 17:11, sgr665 said:

date for each to exchange witness statements and exhibits - 4pm 14th of February 2023

scan it up please

 

[sgr665]

Court Order.pdf

[dx100uk]

aha 

i believe you used

 

/img/lib/opengraph-image.png?0.26.0

Try the new online service - Money Claims

WWW.MONEYCLAIMS.SERVICE.GOV.UK

 

 

this is diff to MCOL we are used too. so hence the confusion upon my part.

 

dx

[sgr665]

I believe so yes...

[sgr665]

Hi @dx100uk, just checking if you need anything else?

I think I shared all information,

would hope to hear some advice from you?

[dx100uk]

so time to get working on your witness statement then.

 

 

[sgr665]

Appreciate it that's really helpful. I can see now why you asked me to upload all the documents!

 

 

Going back to my original question,

How does the court treat carrier's confirmation of delivery?

Is this a strong evidence in court's view? Anyone had any experience?

[dx100uk]

as long as you mention it in your WS and as an exhibit, it's a + to your case

i fail to see why you think it might not?

 

dx