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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi I have bought a business package, this should have consisted

Customer Question

Hi

I have bought a business package, this should have consisted of a ebay account, jeans for sale, and ongoing support. He has manipulated the sale and it seems was not a sale of good intention. Please advise what I can do.

Regards
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

Hi


 


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?


 


 

Expert:  Jo C. replied 3 years ago.
This isn't really my area then but I will pass it onto somebody who can help.
Expert:  Ash replied 3 years ago.
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.

Did you not examine the contract before you agreed to it please?

Customer: replied 3 years ago.

Hi


 


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?


 


Regards

Expert:  Ash replied 3 years ago.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?

Alex

Customer: replied 3 years ago.

Hi


 


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.


 


Regards

Expert:  Ash replied 3 years ago.
I see. You can't do it online but you CAN complete form N1.

You would also need to complete form N510 when you file for Judgment as they are in Ireland, but part of Europe.

Alex

Customer: replied 3 years ago.

Hi


 


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

Expert:  Ash replied 3 years ago.
No, you complete form n1 and then when you apply for Judgment have to file N510.

You do have a chance yes. The seller should have made the name clearer.

Alex

Customer: replied 3 years ago.

Hi


 


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


 


Thank you

Customer: replied 3 years ago.

Hi


 


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?


 


Thank you

Expert:  Ash replied 3 years ago.
You should just set out your position, say you were misled and why, what you thought you were getting etc.

Alex

Customer: replied 3 years ago.

Hi there!


 


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)


 


Thanks!


 


Dear XXXXXn P Macdonald,


I am writing to you in regards XXXXX XXXXX deal that was made on (date) regarding the sale of jeans, ebay account, on going support and trade prices for jeans.

I have spoken to a solicitor who has informed me to write this letter to you and you have 14 days to refund the amount otherwise this matter will be taken to court.

I believe you have not fulfilled your part of the deal and have knowingly sold me the jeans without any other intention of having the ebay account as part of the deal.

When I first messaged you on eBay, I asked if you would sell the eBay account on its own without the stock to which you replied you would not sell the ebay account alone but would consider selling this as a package with the jeans.

We spoke on the phone from the number you have been texting me for 1hr 10mins about the account and the jeans and how everything would be sorted out.

In this conversation I asked you again that I would like the account as part of the sale to which you agreed and you asked what I would like to do with the account, to which I replied I would look to carry on selling the jeans as well as expending to other markets and I also mentioned that as you already have over 30000 feedback this would already help with the trust towards the customers.

After we agreed a price you then asked me to deposit £2000 to allow you to end the listing and proceed with the deal.

From there on the £2000 was deposited after I took down your bank details over the phone. Money was sent to Discounted Jeans Sort Code (-) Account Number (-).

From there we agreed we would make an agreement to confirm what would be included and the remainder £8000 to be paid.

I believe and also from speaking to a solicitor after going through all the information that you are liable for this as you have not made it clear that this would be a different ebay account. To my knowledge you have sold this without any good intention.

Immediately after paying the £8000 and receiving the jeans you have been very minimal with your communication even though you would reply to texts and emails efficiently before the sale had finalised so this also leads me to believe you had no good intention once the sale had finalised. I have left you many messages via text, I have also called you many times, left voicemails, called your office who told me you were always in and out, yet you never once responded to my calls even though I mentioned to your staff this was very urgent, I had in total 5 text messages since you handed over the ebay account that was very similar in name.

If you will not refund after 14 days as mentioned I will take this to court. You have also damaged my chances of buying another business that was for sale which went for less money recently, which I was also enquiring about at the same time I messaged you to which I also have eBay messages as proof, if I had the money I could have bought that and I did mention to you that I would like the money back to purchase another business as your agreement did not match what we talked about to which you did not reply.

If you choose not to refund, can you please explain the following (even though I will take you to court for £10000 refund and possible further damages to potential business):


  1. From your phone conversation, you mentioned you would come down to change over the password XXXXX the eBay account and you did not want me to login from my place as you were unsure of the IP address if eBay may pickup that this is being logged in from a new location. My question is, if this is a new account, why would it matter if I logged in from my location?

  2. If this was a new account why was this sent over after all the payment was made? I could have done this myself and also a new account takes 2 minutes to setup so I don’t understand why you would need to do this after the money was sent? Not that this is what I asked for.

  3. You mentioned on the phone that the eBay account had 15% discount already on it, surely as an experienced eBay seller you should know all new eBay accounts start fresh with no discounts applied, why would you tell me this if this was supposedly a new eBay account, the new eBay account you setup would have 0% discount.

  4. You also mentioned you would help get all jeans setup for eBay and help to list all, surely you should also know as a new eBayer there is a limit of around 6 listings per month until proven to be a trusted seller. At that rate it would take months if not years to sell all the stock. Why would you need to come down to show me how to list 6 jeans when you mentioned you would help with all getting listed?

  5. Why did you name the account so similar to your name, by only leaving out the s in jeans. You did not make this clear this was a new eBay account, you only mentioned that you were transferring this over, so by using special wording it seemed as though you made it out to me as though I would receive the eBay account that I enquired about in the first place. You should have made this very clear this was a new account.

  6. Discounted-Jean-Shop and Discounted-Jeans-Shop are way too similar, if we were setting up a new account then surely you would ask me what name I would like? What gave you the idea to name this almost identical to your account?

  7. You mentioned there were approximately 1200 jeans and 200 short jeans, from counting and going through, there were 1075 jeans and 180 (of which quite a few had been cut from normal jeans so they were not even official jean shorts) So in total 1255 instead of 1400. I know you put this was approximately however that is a big difference. Also a lot of the stock was damp, smelly, very dirty which was never mentioned. Please explain this.

  8. Why did you not reply to any calls, voicemails, messages left at the office, only replying with 5 texts in total from 21/02/14 till 03/03/14. Surely taking 10 minutes out to message by email, text or even call to clear this up? Can you explain why you never replied with any solid answers? You managed to send 35 text messages 10/02/14-20/02/14. Along with (number of emails), even if you were busy, you must have had access to your phone or to a computer in this time.


To outline once again, please have the goods returned (payable by you) refund £10000 in 14 days (if you are having money problems please respond that you will honour this refund) I am a fair person and very honest, I do not believe in doing any wrong however it seems your motif is very different as you only wanted to see the money and offload old jeans that you did not want. If this is not correct please explain how you saw this.

After 14 days if I do not receive any response I will send a letter that will summon you to appear in court where this case will be settled in front of a judge with a possible conviction under your name if found guilty.

Regards

Rahul Odedra

26 Alexandra Road
Expert:  Ash replied 3 years ago.
I would also add if you go to court you will seek costs and interest.

But otherwise it is ok to be sent.

Alex

Customer: replied 3 years ago.

Hi


 


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.


 


Regards

Expert:  Ash replied 3 years ago.
If I have answered this question then please be kind enough to rate it.

If you have a new question you may need to list that, but you can ask for me.

Alex

Expert:  Ash replied 3 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 3 years ago.

Hi


 


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.


 


Regards

Expert:  Ash replied 3 years ago.
Ok - but once you leave feedback the question remains open.

Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi!


 


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.


 


Regards

Expert:  Ash replied 3 years ago.
Thanks please do.

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