Thanks for the response. Sure. I am in the process of starting my company over again. With this I was looking around on sites and also on eBay to see any business for sale to help give me the kickstart and also for the customer database to reach out to customers. Upon many days and nights of research and looking into businesses I came across a ebay user who was selling a bulk load of jeans. I emailed and asked if he was willing to sell his ebay account but I would not need the jeans. He told me he was not looking to sell the account only, he would consider selling this all as a package. I thought this would be great.
So we agreed on a price. I was told to pay £2k first so he could end the listing. After that I did message to also get an agreement in place so that we are safe. He sent this and I read through, and all seemed fine, he was selling the jeans (approx 1400 in total, 1200 jeans and 200 short jeans) transfer the ebay account and ongoing support and direct trade prices he pays to his supplier of for trading to other customers.
I had a lengthy chat with him on the phone after the £2k deposit (around 1 hour I think) and I did also mention then that with the ebay account transfer this would help kickstart my business again. He also mentioned he would come to mine once the delivery is made so that he could transfer over the ebay details as he did not want to risk me logging in from mine in case ebay assume someone is logging in from another ip address. So we agreed that once the jeans were here he would arrive and we could transfer all details over for the ebay account, I made it very clear I was after the account only with over 30000 feedback.
He then messaged an agreement that he received £2k, signed and sent back, he then sent another for the payment of £8k because the jeans were ready to send which was also signed and sent back.
So in total I paid £10k
So to my delight, the jeans arrived, I then messaged to let him know this, I also asked if he could create a neutral password XXXXX ebay so that I can also login and look at how it all looks. He said it is taking a little bit longer than normal to get across but he said he was working hard to get this done.
So I believe the day after the jeans arrived, he sent me the login password XXXXX ebay user id to login. To my delight it was finally here, only to find out when I logged in that the account was a new ebay account with zero feedback which anyone could have created. It does not cost to create one.
His ebay user id is discounted-jeans-online with over 30k feedback. I received discounted-jean-online. When I checked the agreement again he purposely left the s out and to my knowledge it seems that he just wanted to get rid of the stock and con me as he knew I would not take unless I had the ebay account to go with it.
I had checked back on messages again and could see he agreed to let me have the ebay user id as a package.
I told him that something is not right here and that I did not ask for this, I told him that there was no reason for me to ask for the ebay account with 0 feedback which he had just created after I paid in full as that is something I could have done myself.
Now I am stuck with all these jeans (used) and £10k down the drain. I have messaged him countless times and also tried calling, left voicemails and also called his office and he never replies to calls but once in a while will reply to texts.
I only ask that he takes the jeans back as this was not the deal that I originally asked for, not only that but there has not been any on going support as promised. Also just to note, even though he wrote approx 1200 jeans and 200 short jean, I have around 1050 jeans and 180 shorts i believe. So this is also short of the original amount mentioned. I understand if it was 20-30 but 150 jeans short is quite a lot.
I asked to have these all returned and give my money back however he is not willing to listen.
What can I do?
I did read, however after reading that he would transfer discounted-jean-online, from reading, I thought this was the ebay account as it was very close to the the original ebay account, and also after talking to him via phone and also confirming in the messages before buying that I would like the ebay account and that he agreed to this as a package, I could not imagine this to happen.
I just could not understand afterwards why he would even think that I would need a new ebay account as anyone knows that this can be setup just like that. Its as easy as creating a hotmail account.
I have a wedding coming up and to have £10k taken away the way it did has hit me hard, I am a honest seller and worker and I could never imagine someone would ever do something like this.
I said to him if he could just take the return and I would get a refund, as then I would not need to go down this route.
How is it looking for me? Am I in pure loss here?
Just to confirm he is from Ireland, will I need to file a different form? Also if this goes to court, as I do not need representation would I need to pay any further fees? Also in terms of all this, do you know what chance I would have, also are there are special terms for the agreement? Meaning that he has done this without good intentions, are there any special terms for what he has done?
Thank you for your help btw, really appreciate the advice.
Ok so just to confirm I would need to send form N510 with form N1?
Also do you know where I stand with all this? Do I have a chance (don't worry I won't take your answer literally, but just curious to know how cases like this could stand up in court)
Thank you for that, its good to know, I will outline the information to him and what he has done, and that last piece of information
"The seller should have made the name clearer."
I will make sure to include this in the letter and see if he still wants to carry on with the case or not.
Can you give any guidelines as to what I should state on the letter, meaning should I include...
date of transaction, what the agreement should be, etc
If you could help outline all this, that would be a great help
Sorry to bother again, but I also have 1 other question, would it be best to have a solicitor represent me? How much would this cost if so and would this cost then be redeemable from the opposing party if found guilty?
I have just written the letter, I know you are busy however can you please read over this and see if there are any points you think I should take out or if there is anything I have not mentioned that I should? There are still a couple bit of editing (adding number of emails sent and the account number and sort code where the money was sent)
Dear XXXXXn P Macdonald,
He replied to me and said that he will try and come back with a reply in 7 days and final outcome in 30 days, however I have told him that I did give enough notice before taking it this far and that he only has 14 days from the letter to respond. Amazing how he was so quick to respond now I am taking action. Don't understand why he didn't just reply in the first place. At least now he knows I am serious though. I will keep you posted with the outcome and I will rate this once this is all over as I may need more advice along the way and I don't see him giving in so easy.
I am very happy with the service so far and will definitely leave you excellent feedback. I am just waiting on news back so I may need help still with this ongoing case.
Sorry I thought the case closes! Ok thats great! I have left feedback now! Thank you so far for your excellent service. I will keep you updated with the progress! Fingers crossed all goes well.