Ebay item sold buyer wants refund help!!!!

[rachaelc]

O - im new at all this stuff so still tryung to get my head around all the lingo!!

 

Also - whats a DQ Style letter????

[Movingon]

LOL - Don Quixote (DQ) was the first to suggest a letter, above... he suggested robustly defending your position... hence a "DQ" style letter...

 

Make sure you post your letter here before sending so that we can (a) have a laugh at the buyer's expense, and (b) so that we can advise you...

[mahala]

A vexatious litigant is a person who has been forbidden by a High Court Judge to issue proceedings in any County Court in England and Wales without permission.

 

You can get a list from HMCS Her Majesty's Court Service.

 

Chris

In fact, if you go to moneyclaim, there is a link there to the list of Vexatious Litigants. It makes interesting, and at times, amusing reading. For instance

 

O’NEILL, Margarita (aka John Morris) - 9 June 1998

O’NEILL, Thomas (aka Lord Charles Leslie Falconer of Thornton) - 9 June 1998

 

wtf??:grin:

[pmhread]

LOL... how about this for a new name for a superhero?

 

BADIBANGA, Kay Etienne - 17 February 2003

[chrismc]

In fact, if you go to moneyclaim, there is a link there to the list of Vexatious Litigants. It makes interesting, and at times, amusing reading. For instance

wtf??:grin:

 

I didn't know you could get one from there also!!

[Sev]

Hi,

 

First of all, you need to make several things clear to this guy - anda after reading this, he is a [EDIT] - i've had similar with a mobile phone I sold about a year ago.

 

Any transaction on ebay is deemed as a sold as seen unless bought from an ebay shop, in which case you have your full consumer rights.

 

If the guy left positive feedback then he was obviously happy at that point in time.

 

He hasn't lodged a dispute with ebay, and thus they won't get involved with any litigation other than to look at the advert.

 

If he paid through paypal, things would be different - but given the circumstances there is little they would do even then other than ask for both of you to try and mediate a resolution yourselves.

 

Regarding his threat of court action, i'd call his bluff and take him up on it, based upon the following:

 

i The sale was sold as seen - and correctly advertised

ii If his friend was indeed a mechanic, seeing his certification qualifications would be a must, and if so, why did he not spot inherent problems either at the initial viewing, or within 7 days of use?

 

iii The need to produce the original paperwork that you had - which he will not, and probably try to leave a few pages out.

 

iv Play him at his own game, state that you invited him to get an RAC inspection, but he declined (owing to the fact his mate is in the trade), and was happy with the car otherwise he wouldn't have handed over the money.

 

He sounds like a bagger chancing his luck.

 

Also unless he signed the V5 in front of you, don't bet on him declaring new ownership on it, give DVLA a call to check. You don't want a load of parking tickets and penalties thanks to him.

 

If all else fails, if the car is still in your name, just ring the police and declare it stolen... that'll learn 'im!!

[pmhread]

If all else fails, if the car is still in your name, just ring the police and declare it stolen... that'll learn 'im!!

 

This of course is a joke and shouldn't be attempted unless you want to get in trouble with the police yourself.

[Sev]

This of course is a joke and shouldn't be attempted unless you want to get in trouble with the police yourself.

 

Yes indeed it is a joke... sorry humour shall stop.

[Dammam]

A vexatious litigant is a person who has been forbidden by a High Court Judge to issue proceedings in any County Court in England and Wales without permission.

 

You can get a list from HMCS Her Majesty's Court Service.

 

Chris

 

I'm rather surprised that the Banks haven't tried this one on US

[Movingon]

@ Dammam I realise you are half joking but just for information...

 

To be labelled as a vexacious litigant, a single person or group has to repeatedly and unnecessarily litigate for similar cases over an extended period. They either sue the same person repeatedly and irresponsibly or they sue many people for the same thing irresponsibly. The court is a very last resort and individuals who fail to respect this rule are eventually entered on the register.

 

The process for making an entry on the VL register is complex and untimately rests with a panel of Judges at Appellate Bench level.