[Closed] Suing eBay seller

Citizens Advice is probably your best bet. I had their advice when I took a local garage to court. I ended up getting £400 more than I was originally claiming!

Have you tried calling them, always had best results with Ebay problems this way, a polite badgering might get some information.

Look at the paypal transaction info, that usually gives you the sellers full name.

What are you doing wrong to get 3 people trying to “do you over” at the same time? One is normal, 2 is rotten bad luck, 3 sounds very weird indeed.

I too would check PayPal records because the accounts have to be verified under FCA regs..

Hi,

Can I ask how they are doing you over?
I sell around 1000 items a week through eBay, and as a seller I would find it incredibly hard to even think about doing somebody over.

+ For checking paypal, it has to contain all the information. And I have found it a very useful way to get in contact with buyers. More importantly to then sell to returning customers outside eBay.

+ For ringing eBay too. Depending on the route you have taken to get to the chat, it could either be a bot or a person. Either way ringing has always worked wonders for us.

This all sounds a bit odd to me; although, admittedly I only buy sell a small number of items per year.

As a seller on ebay it seems (to me) to be far easier for a buyer to 'do you over'. Both ebay and Paypal nearly always give them the benefit of the doubt to a buyer - assuming you are using the system properly and not doing silly things like buying off ebay or using paypal gift etc.

Maybe if you explain further we can [s]get more entertainment[/s] provide better recommendations.

Are you the guy that bought a 30k skoda by mistake?

Can't use ebay procedures? Why not?

I'm not sure why it matters, I've said I can't use eBay procedures, can't that just be accepted?vi know you all like a story, especially when no one can answer the query, so here is my early Xmas present to you all:

2 transactions are too old.
3rd I paid cash in collection (but a relative collectied and sent to me) so no PayPal.

Problems
2 did not meet description.
3rd (not 3rd above) can be claimed back under CRA as it relates to resolving a previous sale (and I didn't know CRA covered that scenario).

Just called eBay, same answer as robot, but they are making an internal enquiry.

Pretty sure the one your relative collected for you is tough luck, cash on collection so goods would have been inspected before being paid for

Does this involve the £500 deposit + VAT deposit or am i on the wrong thread?

Buy less.

wukfit - Member
Pretty sure the one your relative collected for you is tough luck, cash on collection so goods would have been inspected before being paid for

Sauce? I don't see how a description becomes meaningless because it's collected. "latent fault"? Anyway I reckon I can make my money back selling it WCS.

Three at once kinda sucks.

Non release of names sort of suggests private sellers, rather than businesses. Other than Paypal, I'm not sure I see an obvious route e.g. via CRA.

Cash on collection feels a lot like 'sold as seen' to me - at least in practical terms, if not legal.

I get that it sucks, but depending on the items' cost/value might you end up spending more time than they are worth?
Sell on with a fault spares/reapir?

(not un)edited for double negative

Ok..

So having the story helps massively, not just asking for a 'bit of fun'.

The 2 that are too old (depending how old?) will still be covered via the Paypal payment protection. This lasts around 6 months, find the transaction and start a dispute that way.
We have had a few disputes done towards us this way, mainly based on sizing problems. Paypal are slightly more helpful towards the seller, BUT in our 5/6 relatively low cost disputes the buyer has always come out on top.

As for the 3rd one, did the transaction still take place through eBay? Or did they cancel it to stop paying the fee from a cash payment?
If the eBay transaction is still there, I can't see how you can't use the system. eBay itself doesn't only offer protection to PayPal payments, it will cover cash, B/T, even postal order.

Does any of that help?

Ta, one is > 6 months.

3rd...I've just had that conversation with eBay, who said different to you unfortunately - sale did go through them.

Glad to help for at least 1!
The transaction that't over 6 months, still worth finding in Paypal and seeing if it lets you start a dispute. If not contact them, we always find they are much more helpful.

As for the 3rd, i'm at a loss then!
However, if you think you can make the cash back then at least thats OK.

wasting your time. If paypal / ebay won't settle thru their disputes process your chance of getting any satisfaction thru the courts is negligible.

Got a mobile number?

Try adding them to a whatsapp chat, you never know, might get lucky.

I thought it was 45 day window for a PayPal dispute..?

Cloudnine, unfortunately (for sellers) its 180 days.

Quote from Paypal -

If you purchased the item from one of our merchants, follow these simple steps:
Log in to your PayPal account.
Open a dispute in the Resolution Center within 180 calendar days of your purchase.
Click “Dispute a Transaction.”
Select item dispute.
Be aware that disputes must be opened within 180 days of your payment date, and that you and the seller will have 20 days to work things out.

3rd item - Sorry if you bought an item and collected it (and it was 2nd hand) then it’s buyer beware, same as any other private sale. eBay is very well aligned to that particular rule in our law. Maybe get someone who knows something about what they are picking up next time so they can check it for you.

You can whinge all you like but that’s the fact of the matter. Just forget it.

Why English law? If you live in Scotland then for consumer contracts I seem to recall you can elect for Scottish jurisdiction regardless of any written terms.
In theory you could apply to the court to force EBay to release them; three different cases at once might sound like a fishing trip though.

wasting your time. If paypal / ebay won't settle thru their disputes process your chance of getting any satisfaction thru the courts is negligible

Go on then, how? I've sued folk in small claims before, with success.

You can whinge all you like but that’s the fact of the matter. Just forget it.

Even for a latent fault? (He has accepted he misdescribed it in 2 ways, in eBay messaging also)

Poly - enforcement would be much easier) cheaper with an English judgement than a Scots decree, unless things have changed.

Money at stake means that applying to court would not be cost effective. Given I have evidence of faults (good evidence) I don't see how it'd be fishing, I only need 2 surnames I think.

What exactly are you trying to do? If you're seeking the personal details of the vendors, and they're not already included in the transaction paperwork (though they should be) then you can ask eBay to provide the information pursuant to s35(2) of the Data Protection Act 1998 - in connection with legal proceedings, or for the purposes of obtaining legal advice. They will put up a fight, but if you threaten an application for non-party disclosure (or, I suppose, [url= https://en.wikipedia.org/wiki/Norwich_Pharmacal_order ]a Norwich Pharmacal order[/url]) they might provide it to you.

In terms of actually bringing a claim, if you haven't pursued it under eBay's dispute resolution policy then it is arguable you have foregone your contractually-agreed remedy, though it's unlikely the seller would pick up that argument. Main problem is going to be evidencing that the items were defective/not as described after such a long time.

Even for a latent fault? (He has accepted he misdescribed it in 2 ways, in eBay messaging also)

That doesn’t sound like a latent fault - that would mean there was a hidden defect, not that you were mis-sold

Could you take eBay to the Small Claims Court instead?

Cynic-al yor recent posting history suggests you have bigger problems.....

1 I bought glasses cheap online and have a problem with them
2 I bought a car cheap and 18 months later I have a problem with it
3,4&5 I bought something off ebay ( probably cheap) and have problems with them.....

But none of the issues are yours....

Do you not seea pattern here

You are really unlucky, you need to buy a huge roll of bubble wrap anf move to a padded room with that luck!!

I was thinking the same thing....

Another two added to the list. ^^^

handyman153 - Member
Cloudnine, unfortunately (for sellers) its 180 days.

[i]Quote from Paypal -
If you purchased the item from one of our [b]merchants[/b], follow these simple steps:
Log in to your PayPal account.[/i]

This only applies if the seller is a Merchant, normal paypal users/sellers are not covered by those terms.

Have you already provided feedback for the sellers? That normally stops all future attempts at raising a dispute as it’s the final step to say “everything ok here”.

legend - Member
That doesn’t sound like a latent fault - that would mean there was a hidden defect, not that you were mis-sold

NRD - no feedback, never give that until all is OK!

Otherwise...isn't it easier to tell the OP he's ****ed than read the thread, or back up what point you have tried to make (TJ?).

Jakester - Member

Main problem is going to be evidencing that the items were defective/not as described after such a long time.

the hustler - Member

Cynic-al yor recent posting history suggests you have bigger problems.....

It does? As they were bought on eBay it's pretty clear they were all at market value. The car had a problem in 6 months.

Your problem...making stupid assumptions in order to have a go at a stranger on the internet?

cynic-al - Member
As above [b](yawn)[/b] I have good evidence in all 3 cases.

Sorry to have tried to offer genuine help, speaking with actual professional experience as a qualified solicitor.

I won't bother next time. 🙄

Cynic Al is all raging at folk. Again.

He's not interested in advice, he wants to be told he's correct and 100‰ in the right

Sorry you feel that way, it's just v frustrating to have to give out loads of irrelevant information and get next to no advice. Thank you for the court info you gave - as I said the sums won't justify that amount of work.

larrydavid - Member

Cynic Al is all raging at folk. Again.

He's not interested in advice, he wants to be told he's correct and 100‰ in the right

Not at all, see above. Way easier as ever to make stupid comments like this rather than read the thread, isn't it.

It's clearly not irrelevant though, if it's enabled people to make a decision

Those decisions having added nothing to the advice, except some errors.

larrydavid
... ‰ ...

That symbol hurts my brain.

Al, what's your eBay username? I'd like to add you to my ebay block list.

Sometimes you have to just write these things off unless the value is huge.

Also just to add - I have bought off Al through ebay and he was excellent. Item as described and sent first class to arrive day after purchase when I messaged him to ask if could be posted quickly 😀

Even for a latent fault?

Who on earth uses the phrase “latent fault”? You sound like you’re trying to use legalspeak it’s making you sound like a bit of a plonker. 😉

Even if there was a fault with the item or it was mis described you had the chance to check it when you collected it. Makes no different who collected on your behalf.

I’ll ask again, have you provided feedback?

Newrobdob, I'll save al the trouble..

cynic-al

Apologies - "latent" isn't the right word - the listing at least implied the 2 issues weren't present.
NRD - no feedback, never give that until all is OK!

Al, what's your eBay username? I'd like to add you to my ebay block list.

Do any of these beefs relate to a motor vehicle purchased through eBay?

snaps - Member
Al, what's your eBay username? I'd like to add you to my ebay block list.

He's been on mine since this
POSTED 9 HOURS AGO #

Wow, some of you lot have long memories and a lot of free time eh!..must have taken a while to work out my username...unless you haven't actually blocked me?

Up to you, 800 feedback and about 5 negative/neutral in 25+ years.

newrobdob - Member
Who on earth uses the phrase “latent fault”? You sound like you’re trying to use legalspeak it’s making you sound like a bit of a plonker.

ISTR a legal phrase like that...is "latent" a fancy word or something? Anyway the fault relates to a seized part - that part being known for jamming and taking some effort to remove (as opposed to seizing). It's only 1 of 2 misdescriptions that he has accepted anyway.

Merak - Member
Do any of these beefs relate to a motor vehicle purchased through eBay?

Not really...one sale (16 month old) relates to the fault with the car bought via a eBay classifieds ad, but I don't think we did the sale through eBay as I inspected it and paid cash rather than bid, in fact I don't think it was even possible to bid? (and if nrd is correct then I had the chance to inspect it so there is no law in existence to protect me 😆 )

The value of these transactions is not huge but big enough for me to make a wee bit of effort in raising claims if I can - I just don't like taking this crap lying down.

Up to you, 800 feedback and about 5 negative/neutral in 25+ years.

Being as it started in the UK in 1999 (18 years ago maths fans) that’s quite an achievement. Are you the founder of eBay or something?

Feedback 612, 14 years, zero negs for me, in case you were wondering. 5 issues is quite a few, and it doesn’t show any sellers who were unhappy with you as a seller can’t leave a neg.

Newrobdob, I'll save al the trouble..

LOL rob...flame my stats and flame me for bragging about them then do the same yourself? (25 was a typo FWIW but hang on to those Big Hitter points!)

I don't bend over for buyers, I'm ok with the 5 negs...which of course you know nothing whatsoever about (and sellers could leave negs for many yaers BTW).

Thanks for your worthwhile input on that post though.

Come on man, you can't ask for vague legal advise, then get annoyed because the advice given is also vague.

Also we need a good follow up to the LingGate.

JackHammer - Member

Come on man, you can't ask for vague legal advise, then get annoyed because the advice given is also vague.

Me:

They say they will release the names when asked by "the authorities" which I suspect is utter BS, as the courts will tell me to find the name.

Im not sure if I can sue with a 1st name and address only (pretty sure I can't sue under trading name alone).

Any ideas?

What's vague about that?

I got annoyed because of requests for irrelevant information and incorrect advice - there has been some helpful advice for which I am grateful.

Maybe I've missed something, but wouldn't the advice you need depend on the nature of the seller, the timing of the purchase and the opportunity to inspect the items?
Vehicle sales by traders are a different kettle of fish to second hand bike bits surely?

I think maybe you need to step away from eBay for a while and have a lie down. It’s clearly too much for you. 😉

Thanks for your worthwhile input on that post though.

No problem, anytime. Glad I could help. 🙄

Maybe I've missed something, but wouldn't the advice you need depend on the nature of the seller, the timing of the purchase and the opportunity to inspect the items?
Vehicle sales by traders are a different kettle of fish to second hand bike bits surely?

Such impertinence! How very dare you ask for more information!

twicewithchips - Member

Maybe I've missed something, but wouldn't the advice you need depend on the nature of the seller, the timing of the purchase and the opportunity to inspect the items?
Vehicle sales by traders are a different kettle of fish to second hand bike bits surely?

None of these factors relate to the questionI asked.

Rob - atcha 🙄 with a 😆 for good measure

None of these factors relate to the questionI asked.

If the question is 'how do I get ebay to tell me these details' rather than, 'what recourse might I have in this situation' then other than searching for the user/item in your ebay history I'm not sure what other options you have.

Of course, if the info isn't there (e.g. for a private seller, not a merchant), perhaps the seller hasn't told ebay all the details. By extension, its not clear to me that you'd have any recourse for second hand private sales, hence questions about the merits of chasing a low value item (your threshold might well be different to mine, note 'value' not 'cost', etc).

I realise you might not want to share all the details, but a little more might make it easier to help you. I am trying to help, so I'm sorry if you didn't read it that way.

I'm confused. What sort of thing did you buy and in what way were you unhappy with it? Without those basic bits of information, I have absolutely no idea how anyone can give you advice that's worth anything.

Rachel

Gob of the Tyne will be along soon to confirm Gateshead Trading Standards approved eBay's T's & C's..

I remember you said you were going to sue Edinburgh council because you got a puncture a few years ago, how did that go?

I take it it's National "don't even read the start of the thread" Day? 😀

twicewithchips - Member

In that case I'm not sure I understand what you are asking.

allthegear - Member

I'm confused. What sort of thing did you buy and in what way were you unhappy with it? Without those basic bits of information, I have absolutely no idea how anyone can give you advice that's worth anything.

Here's my OP, which I have already repeated, emphasis added:

They say they will release the names when asked by "the authorities" which I suspect is utter BS, as the courts will tell me to find the name.

[u]Im not sure if I can sue with a 1st name and address only (pretty sure I can't sue under trading name alone).

Any ideas?[/u]

bigjim - Member

I remember you said you were going to sue Edinburgh council because you got a puncture a few years ago, how did that go?

I CBA.

The only actual question in your OP is:

Any ideas?

You asked for ideas, I and others have suggested some.
I hope you manage to resolve the matter.

You would probably need a specific legal entity. This is a registered company or individual. To identify an individual you’d need a full name and possibly address. However if there is any indication there might be some issue (such as 2 people with same name at same address, possibly quite common) then you might need date of birth as well to properly identify who you have your action against.

Claim form N1 guidance (form used for small claims court) notes says you need “full address including postcode, full name including title (where known)” in one section (page 1) and on page 2 under the heading “defendants name and address” says “title, full names, address and post code”. So slightly different advice on the same form (N1A) but in my experience (of prosecuting people and businesses in a professional capacity) I would struggle to get a case through without a full name.

How did you pay the seller? The full name (or at least surname) might well appear somewhere in the transaction.

Edit. Just re-read and realised it was cash on collection so ignore that!

Yep, as I thought Rob, cheers.

TWC...pedantry is a great tactic for the beginning Big-Hitter 😀 Great to see you rising through the ranks.