how to i rase a case against ebay in a small clams court ?

[sunshine-desserts]

how to i rase a case against ebay in a small clams court ?

[jckl1957]

People who answer in this forum are Ebay buyers and sellers like you who try to answer Ebay related questions.

I would suggest you try Citizens Advice and ask them for advice on a legal matter or use google for costs, information etc.

[red_magpie]

Before even thinking about taking eBay to court may I suggest that you let us know what's happened?

Someone here will be able to explain what can possibly be done to resolve the problem - and whether you even have a legal case against eBay. Few users fully understand the conditions they have accepted in the user agreement or the powers they have given to eBay. These make eBay pretty well bullet proof against the majority of complaints that users make.

Don't rush to court unless you're absolutely certain that you have a case. Remember that if you lose, you may be responsible for eBay's admin costs and legal fees in responding to the case, which could be substantial.

If you really want to use the small claims court the procedure is fully explained online, and you can find all the necessary information on eBay in the user agreement.

[sunshine-desserts]

Hi thanks for your reply, basically i bought a new headlight  from an non uk seller, they told me the light would fit, ebay confirmed it was the correct part for my car,  i purchased  it was delivered , it is the incorrect part, i sent photographic evidence , they said they would except a return but never gave me there return address, i opened a case with ebay , and they just closed it without  refunding my money ,   both Ebay and the seller are incorrectly advertising the headlight as correct for a UK car   but it is not , i have had to pay the garage to attempt fitting it  but i just want my money back, i will take this to a small clams court if there is no other way of getting my funds back

[tressygirl]

There are only 2 reasons that a case for item not as described can be closed by a seller.

1.  It was opened too late that is,  after 30 days from the item' last estimated date for delivery.

2. I think this may be the reason,  you opened the wrong case.  If you opened one for ' does not fit', and the seller has a No Returns policy , the case would close with no refund.   The case to open in time,  one which the seller could not close and would have to refund, would be to select item not as described selecting the reason ..... Does Not Match Photos or Description.

You don't need the small claims court for this,  but just try now your payment provider,  see if they can help with your refund.

@sunshine-desserts 

[papso22]

The OP seems to think there is a third, i.e ebay has not acted according to the published policies/user agreement that the OP agreed to.

They need to be very sure this is the case before taking it further.

[sunshine-desserts]

thanks for the reply, sorry what is OP?

[plum993]

OP = Opening poster on a thread,so in this instance your the OP 😉

[jckl1957]

I agree.

If I have understood the basis of this potential claim/case, and if I was taking Ebay to court, I would be getting together very firm evidence that Ebay confirmed that the item I purchased would fit my car.

[sunshine-desserts]

Thanks for getting back to me,  i have a screen shot of ebay confirming it fits my vehicle , can you suggest anything else i could use ?

[papso22]

The thing is that regardless of who said it would fit, if when it arrived it didn't fit, then it was not as described and the money back guarantee,  used properly,  would have protected you.

The real question is why did the money back guarantee not protect you.

[tressygirl]

---

@papso22 wrote:

The thing is that regardless of who said it would fit, if when it arrived it didn't fit, then it was not as described and the money back guarantee,  used properly,  would have protected you.

The real question is why did the money back guarantee not protect you.

If it was opened on time,  I still think the wrong case was opened , that is.... item does not fit.

With a No Returns the case would close.

@sunshine-desserts   to save you a lot of time and potentially money,  can you confirm the reason you selected for the return.  Also,  does the seller have a No Returns Policy on their listing?

I stress again a no returns means nothing if the correct case is opened,  that is, one for item not as described >> Not Matching Photos or Description.

---

[sunshine-desserts]

hi thanks for replying,   i tried endlessly  to get a return address from the seller 1 so i could return it and 2 so i could confirm the postage cost for them  , they never gave it to me and the time expired, they did agree to refund but then went cold on me,  they didn't respond to my messages.
Ha Ho ,  and they are still selling the same item ! 

[john1297576]

Are you sure that eBay made this claim, they do not sell anything and they never see any item sold on eBay, and I am  sure that they are not qualified to comment on whether a part advertised would fit your car. 

Seeing the screen shot would be interesting!

[sunshine-desserts]

FYI attached

[red_magpie]

I would be getting together very firm evidence that Ebay confirmed that the item I purchased would fit my car.

No, I'm afraid you won't. eBay doesn't see or make claims about items sold here. Any description you read on eBay is entirely the responsibility of the seller. eBay even warns buyers that they do not guarantee that descriptions will be accurate or truthful.

I'm sorry, but if you read Paragraph 2 of the user agreement https://www.ebay.co.uk/help/policies/member-behaviour-policies/user-agreement?id=4259&st=3&pos=1&que...  you will see that there is no possibility whatsoever of suing eBay because this item didn't match the description.

Your remedy here should have been to use eBay's money back guarantee. It isn't clear why this failed, but common reasons are that the buyer opened the wrong type of case or didn't comply with the time limits. Or you may have been a victim of the "it doesn't fit" fiasco. If clothing is correctly described, eBay does not require sellers to refund buyers if it doesn't fit them. Unfortunately, eBay now seems to automatically reject any claim that an item doesn't fit, even spare parts that don't fit the vehicle they're supposed to.

Bad luck, but I fear you're probably just another buyer who had what they believed was a justified claim refused. There's nothing you can do about this, because you agreed in the user agreement to accept eBay's decisions. eBay's money back guarantee is unregulated, so there is no right to any independent appeal.

We don't know how you paid, but if by credit or debit card it's possible that your card issuer may be able to help.

[plpmr]

nothing attached - but remember each listing states "Seller assumes all responsibility for this listing.".

[sunshine-desserts]

jpg attached

[plpmr]

No jpg attached.