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SMART COURT CLAIM
Summary: yardworx is seeking advice on a difficult situation with an eBay buyer who requested a refund for a lawnmower, claiming incompatibility with her battery, then filed a court claim for over £5,000 citing "wasted time." The case involves a discrepancy between the buyer's lack of communication and a sudden legal action. *guinevere* and 4_bathrooms provide suggestions and highlight the unusual nature of the buyer's claim, emphasizing the importance of following eBay procedures and collecting evidence. Legal advice is being pursued as the complexity of the claim raises suspicions of an extortion attempt.
Hi, I’m looking for some advice from other eBay sellers.
I sold a used Ryobi lawnmower for around £130. The listing clearly stated that it was a BARE UNIT ONLY and that the battery and charger were not included.
The item was delivered on 20 June. A few hours later, the buyer messaged me: “I cancelled this order. Please refund money and collect item.”
I replied the same day asking: “Hi, sorry, what’s happened?” The buyer never replied, never explained any problem with the mower and there was no further communication with me. Around two weeks later, I received a County Court claim. The buyer is now claiming that the mower was “not fit for purpose” because her Ryobi battery was apparently not compatible. She is claiming £139.50 for the item plus approximately £4,860 for “wasted time”, bringing the total claim with fees to over £5,000.
I never refused a return or refund. I simply asked what had happened, but received no reply and was given no opportunity to resolve the issue.
Has anyone experienced anything similar? In particular, can anyone explain how a buyer could justify claiming nearly £5,000 in “wasted time” over a £130 item? I am responding to the court claim and seeking appropriate legal advice, but I would appreciate hearing from experienced eBay sellers about similar situations.
Thanks
4_bathrooms
·1 month agoWhilst county courts do award compensation in certain situations they don't award it for "wasted time" unless the claimant can demonstrate a loss of earnings (for example) as a result of the defendant's actions. Your buyer is clearly taking the mickey with that claim and their claim could very well be refused in it's entirety on that basis alone.
You stated you are seeking legal advice so I'll tell you what - as a business - I would do in your shoes:
Keep a printout of the listing from your sold items - you might need to click the "see original listing" link to obtain this.
Keep a printout of all messages exchanged between yourself and the buyer.
Print a screenshot of section 3 of eBay's Money Back Guarantee.
Download a copy of eBay's User Agreement and emphasise section 10.
You're establishing the following:
The lawnmower supplied was as described and you were never asked whether the buyer's battery would be compatible with it nor did you make any claims of compatibility in the advert (listing).
The buyer never communicated there was an issue with the lawnmower until they filed their county court claim.
The buyer failed to follow the established processes eBay makes available to buyers when they want to return an item. They could have returned it for a remorse reason at their own cost or filed an "item not as described" return if they believed that to be the case. If they had filed an "item not as described" return case they would have been guaranteed a full refund under eBay's Money Back Guarantee.
eBay UK's established return processes are in accordance with consumer law and buyers are expected to raise any disputes via the platform within the Money Back Guarantee period (30 days following delivery).
You can claim your costs for attending a hearing such as travel expenses, loss of earnings, accommodation etc. However, both parties are usually offered mediation before proceeding to a full hearing and a dim view is generally taken of any party that refuses to engage in the mediation process.
*guinevere*
·1 month agoIs it the Ryobi one, sold on June the 15th? The buyer has 30 days from receipt to open a case for not as described and you can arrange return and refund on return. I think while this offer is still open your buyer would be a bit silly to try and take you to court, but it's good that you have taken legal advice as none of us here are qualified to give legal advice.
They still have time to open a case yet, and it's up to you whether you wish to ask them to open one.
yardworx
OP1 month agoThanks for your reply. Yes, it is the Ryobi mower. The strange part is that when the buyer messaged me asking for a refund and collection, I replied the same day asking what had happened. She never responded, never mentioned any issue with her battery, and never contacted me again before issuing the court claim.
I never refused a return or refund and would have been happy to deal with the matter through the normal return process. What I find particularly confusing is that the court claim now alleges a battery compatibility issue that was never mentioned to me, and also claims approximately £4,860 for “wasted time”.
Thanks again for your input.
4_bathrooms
·1 month agoTheir buyer has frankly been more than silly; they will have paid at least £455 to actually file the claim. Now that the claim has been issued this is non-refundable. So, even if they open a return case under the MBG they're still going to be £455 out-of-pocket through their own stupidity. If they had claimed between £3001 - £5,000 the fee would "only" have been £205 (assuming their buyer is in England). So, assuming the summons is genuine their buyer has little option but to pursue the path they have chosen to take. It wouldn't hurt the OP to point out eBay's MBG to the buyer and the process of initiating it - they could use this as evidence they tried to resolve the matter but this would still have happened after the summons was issued.
@yardworx - are you certain you have received a genuine summons? The whole thing sounds bizarre and I'm starting to wonder if it's just an elaborate extortion attempt.