taking buyer to small claims court

[alpu_54]

I’ve sold a factory sealed item on ebay and didn't accept returns, they immediately claimed the item was fake and requested a refund after opening it and using it. ebay is saying they cant confirm wether the item is fake or not which i understand but since it has been opened and used the item is worth significantly less and on top of that if i lose the dispute i will have to pay the sold item fee which is about £60. I issued the buyer with a receipt of the original purchase and when i receive the product back from them i am going to see if i can get it authenticated which seems ridiculous to me as i bought it directly from the suplier.

I just need to know if i would be able to take them to small claims court as i sold the item with no refunds accepted, as i know the item to be authentic i wish for them to take the item back and pay the amount agreed upon on ebay.

Any help here would be greatly apreciated.    

Thanks

[plpmr]

"I just need to know if i would be able to take them to small claims court as i sold the item with no refunds accepted, as i know the item to be authentic i wish for them to take the item back and pay the amount agreed upon on ebay."

Best take professional legal advice or speak to CAB.

[leon9503]

Ask the supplier to authenticate it in writing, that's the only way EB will take note, same with reporting Fake items, lots aren't taken down because EB will only accept proof from the Manufacturer, it happens a lot with Fake Epiphone Guitars on EB, they are reported but you could just be a nutter....So they need proof from the horses mouth.

With Epiphones, Gibson are pretty good at supplying docs to say it's fake so easyish to sort out but depends on the item and maker I suppose.

Also depends if you are a private seller or business as there are NO real consumer protections for private sales in the UK and with EB involved it could make it more complicated as some of the 'rules' here aren't enforcible in Law and Ebay get paid either way, that's why they don't care.

[cbr2012]

CAB have not given legal advice or anything to do with legal matters for at least 16 years so that will be a waste of time.

Unless you have insurance taking legal advice is a bad idea as it will cost way more than the £60 he is trying to get back.

My advice is pass to a no win no fee debt collector who will have legal knowledge and forget about it.

Even if you did take them to court Minimum fee is around £60 and you have to sit in court for up to 9 hours.

Any proper advice on taking ebay to court. Ebay bots write misleading information or it’s from people with no legal experience.

Ebay delete anything on the forum which is helpful regarding sueing them