Question Re: Small claims court in Member To Member Support DO NOT DELETE

Small claims court

1kingslivere3 — Thu, 21 Jan 2021 00:02:58 GMT

Bought jumper was faulty opened case and seller not happy but eventually said ok send item back, I asked for return label and they were having none of it so I said ok I’ll leave with eBay to resolve them out of no where she refunded me.
I ask eBay as I have no address what do I do now, they say case is closed you can give it to charity or throw away. But now I’ve received a small claims for £35 and threats for libel as I left negative feedback.
Worried sick and I did everything I could the right way. Advice would be greatly received.

Re: Small claims court

plpmr — Thu, 21 Jan 2021 00:22:24 GMT

small claims court cannot deal with libel and, unfortunately, your feedback can be removed if the seller asks eBay.

If you have received court documents you need to get proper legal advice.

Re: Small claims court

1kingslivere3 — Thu, 21 Jan 2021 02:42:41 GMT

Thanku so much so kind of you to reply x

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Re: Small claims court

papso22 — Thu, 21 Jan 2021 06:23:54 GMT

Even if eBay tells you to do what you want with the item, it's sensible to offer it back to the seller on condition that they supply you with a label. I presume you no longer have It?

Your defence is the MBG, the terms of which the seller agreed to when they used the site. That says they can refund without needing a return, or that if eBay have to refund they may tell the buyer to keep the item.

Re: Small claims court

1kingslivere3 — Thu, 21 Jan 2021 09:00:41 GMT

No I still have it and I’ve offers to send it back but no label ever forthcoming. I was send a picture of a label and a code but it was such a small picture it was unreadable at post office and I’ve mentioned this to them several times. I just want to work it out but told I’ve been fraudulent and now being sued isn’t helping.

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Re: Small claims court

red_magpie — Thu, 21 Jan 2021 09:10:40 GMT

Don't worry about the threat of libel, this is highly unlikely to materialise.

As regards the small claims court, your seller will lose if they pursue this silly claim. All transactions on eBay are governed by eBay's user agreement, which the seller has clearly not read.

In it, both you and the seller accepted that eBay, not you or the seller, would determine whether the seller had to refund you and whether the item had to be returned. When eBay supports a money back guarantee claim, the seller is required to send a prepaid return label if they want the item back. If they don't, the buyer is not required to return it.

This dispute has been determined in accordance with the user agreement, in which you also both agreed to accept eBay's decisions. If your seller wishes to dispute it, their dispute is with eBay.

You can read the full terms and conditions of eBay's money back guarantee, see: http://pages.ebay.co.uk/help/policies/money-back-guarantee.html

In your position, to try to save both of you the time and hassle of a court case, I would point this out to the seller, and also offer to return the item if they first send you to cost of postage. If you don't feel comfortable about this, don't do it. If in doubt, consult a solicitor and show them eBay's user agreement and money back guarantee.

Re: Small claims court

tobiasd4 — Thu, 21 Jan 2021 09:50:01 GMT

You could also point out that seller appears to be unregistered business seller, most of their items are new,

when registered correctly, they have to have proper returns system in place, so avoiding all this problem.

Re: Small claims court

1kingslivere3 — Thu, 21 Jan 2021 10:17:41 GMT

Thanku so much x

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Re: Small claims court

1kingslivere3 — Thu, 21 Jan 2021 10:20:41 GMT

Wow that was so helpful I’ve been in tears all night frightened. Thanks for taking the time to help me x

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Re: Small claims court

tobiasd4 — Thu, 21 Jan 2021 10:50:26 GMT

If you have to go to court, take the jumper & hand it over to seller in front court official.

Re: Small claims court

1kingslivere3 — Thu, 21 Jan 2021 10:55:41 GMT

Heeeee good call x

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Re: Small claims court

arkwebus — Thu, 21 Jan 2021 11:11:21 GMT

The main thing is that you must do everything the court asks. Do not ignore anything! You need to print out every single piece of paper and make up a bundle. In my opinion a hearing is best. Even get a witness who can explain to the court how the ebay system works and the money back guarantee.

Copy of eBay's advice to throw away will be good.

As for the "libel" the seller's identity is [presumably] hidden so I doubt if that will run.

@1kingslivere3

Re: Small claims court

arkwebus — Thu, 21 Jan 2021 11:18:23 GMT

In your feedback you say "it's returned" but is that correct? You're now saying I think that the item is not returned. Seller should start with a "letter before action" to you before stating with the court. Has she done that?

@1kingslivere3

Re: Small claims court

1kingslivere3 — Thu, 21 Jan 2021 11:31:41 GMT

No she has not sent me a letter before action. At the time of sending back I sent my career with the tiny photo she sent me of a q code to post office I wrote my feedback then my career came back and said it was unreadable at two post offices. The code was only sent to me by her 10 days after she refunded me already so I had no obligation to return but still wanted to do the right thing. I’m still asking for label every day x

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