How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I brought a handbag from e-bay, listed clearly as leather,

Customer Question

I brought a handbag from e-bay, listed clearly as leather, 08/01/14.
Seller, who's English was very poor, not her first language, stated that parcel posted, 1st class, Royal Mail on one day delivery. She sent a tracking number, which was not recognised as a valid tracking number by the Royal Mail.
When the bag did not arrive, I contacted e-bay & said I felt uncomfortable about this purchase, they decided the case in my favour & refunded me my payment.
I then received a series of increasing hysterical e-mails from this seller, saying she had reported this to her local police as she was without the bag & her money. She sent these messages on my Hotmail address, I replied only via the e-bay message system as requested by e-bay. Once the case had been closed by e-bay, I deleted the messages from my Hotmail account, but I had read them to e-bay customer services over the phone.
Bag arrived, two weeks later with a request from the postman to pay £4.00 under-payment, which I did as I was expecting several parcels. I have kept the bag with the post office sticker requesting £4.00 under-payment charge.
The bag,once inspected, said 100% polyurethane on the label, so was not leather.
I contacted e-bay to ask what I should do & they told me not to return the bag until I had been paid the money owing to me & to deal directly with the seller, I told e-bay that I would rather deal via e-bay as I did not wish to have contact with this seller, but it is e-bays policy for the purchaser to deal directly with the seller, so I agreed.
I sent a message to the seller stating that I would return the bag once I had received the money paid to receive it + the return postage for the parcel. I also requested that she only use e-bay's message system, not my Hotmail account ( therefore e-bay could read her messages to me ).
The seller sent a message back demanding to know why I had the bag & ending a long message with "if you don't send the item on your budget I will not give up the complaint / investigation handed to the police about the case and you will not have moments of peace with me."
I phoned e-bay & as this was on e-bay's message system, they were able to read this threatening message.
I sent one more message to the seller, on e-bay's advice informing her that I had reported this to e-bay as a threatening message & asking once again for the money that I had paid before I would return the bag. I have not heard further from the seller.
E-bay advised me to contact my local police ( Thames Valley) which I did on 31/01/14.
Their reply to me was immediate, stating that they did not deal with such cases and I should contact CAB lawyers.
I only really want this to be on record, just in case I do ever have any more communication from this person. She obviously has my home address.
I have the bag in my possession + all of my communication with the seller and the last communication on e-bay's message system from this person, Andra Popa.
This person also solicits her art web-site "ArtOholics" when communicating via my Hotmail account, which I would have thought was breaking e-bay's code of business.
I look forward to hearing back from you, with my best regards, XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

How did you pay for the goods, was it by Paypal please?

Customer:

Yes, by payPal

Alex Watts :

Did you dispute it for Paypal?

Alex Watts :

Where are we now? What do you want to achieve?

Customer:

PayPal decided the case in my favour & instantly refunded me my money, the seller only contacted me once she realised that PayPal had refunded me the money and had taken it out of her account.

Alex Watts :

Ok - and where are things now? You just want to return the bag?

Customer:

As stated, I just want this to be officially logged with someone just in case I hear from this person again.

Customer:

I thought that reporting it to Thames Valley Police as e-bay suggested, would do this, but the police suggested CAB.

Customer:

No, I will not return the bag unless this person refunds my money, e-bay also advised this.

Alex Watts :

But I thought you were repaid by Paypal?

Customer:

I was refunded the price I paid, but I still had to pay the Post Office to received this parcel which was delivered under-paid to me. The seller also demanded that I return it to her at my own expense.

Alex Watts :

How much are you out of pocket now and would you be by returning it please?

Customer:

£4.00 as stated, The money is really very immaterial --- it is the threatening messaged that concerned me.

Alex Watts :

Yes, have you reported that to the Police?

Customer:

Yes, I sent them an Incident Reporting on-line crime form & their reply was instant:

Customer:

Nothing to do with the police, contact CAB

Alex Watts :

Ok - I would go and see your local Police force

Alex Watts :

This is because it could be an offence:

Customer:

Thank you.

Alex Watts :

Any person who sends to another person—

Alex Watts :

a [F1letter, electronic communication or article of any description] which conveys—


(i)a message which is indecent or grossly offensive;


(ii)a threat; or


(iii)information which is false and known or believed to be false by the sender; or


(b)any [F2article or electronic communication] which is, in whole or part, of an indecent or grossly offensive nature,

Alex Watts :

Therefore if it is offensive then it is an offence and they can take action

Customer:

Am I just being foolish in reporting this when it was what e-bay advised me to do ?

Alex Watts :

No I would do this

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Yes, please can you confirm that I have paid just for this present consultation & that I have not signed up to monthly payments, which I do not want ?

Alex Watts :

Yes it is a one off fee

Customer:

Thank you very much.

Alex Watts :

If this answers your question might I invite you to leave feedback before you to today

Customer:

Goodbye & yes, I'll leave you feedback.

Ash and other Law Specialists are ready to help you