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F E Smith
F E Smith, Advocate
Category: Family Law
Satisfied Customers: 8537
Experience:  I have been practising for 30 years.
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My eBay account was suspended. When I contacted eBay they

Customer Question

My eBay account was suspended. When I contacted eBay they said they would only restore it if there was a court order to do so. How can I obtain this court order?
Submitted: 6 months ago.
Category: Family Law
Expert:  F E Smith replied 6 months ago.
why was it suspended? Can you explain your situation in detail please?
Customer: replied 6 months ago.
My account was suspended some years ago. I am only able to buy items now. The reason this happened was not my fault. I sold an item and then posted it but the item was lost in the post. I then received negative feedback and my account was restricted. I contacted eBay and they said it would only be restored by court order so I need legal advice about how I can sell again with my account.
Expert:  F E Smith replied 6 months ago.
Private entities such as this can do whatever they like. They can suspend or reinstate an account on a whim. They may be in breach of contract but you would then be faced with suing them for any loss suffered as a result of the breach. You will find however in the terms and conditions which you agreed to that they can suspend an account without then incurring any loss for the suspension.Unfortunately, what they don’t want is an argument over this and rather than argue the point whether they reinstate the account or not, they simply say that they will restore it if you get a court order. It sounds simple but the practicality is that you will not get this order.You would have to prove to the satisfaction of the court that you had done nothing whatsoever wrong breached the terms and conditions of the website and that they were in breach and as a result of the breach, the account should be reinstated. I can tell you now that the courts are unlikely in the extreme to do that. They will not force an unwilling entity to be a willing entity in contractual matters. All the court will do is award damages.If you want to go ahead with it, the form you need is N244 and the fee is £255 but to be honest, you are likely to be wasting £255 because it is unlikely in the extreme that the court will grant the order you want.I know it’s not a favourable answer for which I apologise.Can I clarify anything for you?Please don’t forget to rate the service positive, it is an important part of the process by which experts get paid.Best wishesFES
Customer: replied 6 months ago.
I have checked the form n244. Shall I put your name down as the legal representative?
Expert:  F E Smith replied 6 months ago.
Private entities such as this can do whatever they like. They can suspend or reinstate an account on a whim. They may be in breach of contract but you would then be faced with suing them for any loss suffered as a result of the breach. You will find however in the terms and conditions which you agreed to that they can suspend an account without then incurring any loss for the suspension.Unfortunately, what they don’t want is an argument over this and rather than argue the point whether they reinstate the account or not, they simply say that they will restore it if you get a court order. It sounds simple but the practicality is that you will not get this order.You would have to prove to the satisfaction of the court that you had done nothing whatsoever wrong breached the terms and conditions of the website and that they were in breach and as a result of the breach, the account should be reinstated. I can tell you now that the courts are unlikely in the extreme to do that. They will not force an unwilling entity to be a willing entity in contractual matters. All the court will do is award damages.If you want to go ahead with it, the form you need is N244 and the fee is £255 but to be honest, you are likely to be wasting £255 because it is unlikely in the extreme that the court will grant the order you want.I know it’s not a favourable answer for which I apologise.Can I clarify anything for you?Please don’t forget to rate the service positive, it is an important part of the process by which experts get paid.Best wishesFES

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