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no, private seller
I've pasted below my last email to eBays customer services. The buyer says that bcause the camera was not listed as "NTSC" format they returned it
Please point out where the "material difference" is between what I listed and what I sold.
do I need to stay around - I'm at work right now and thinking about heading off
sorry - did not see your message. It has been returned to me. I did phone them on the 3rd saying this was under protest
will need to head off now but will check emails from this evening on. thanks.
Hi - am I going to get any advice about this?
You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not pay 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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
I'd like to know who my dispute would be with. eBay has sent the buyer the money and courier-ed the camcorder to me. They say that they will debit my account soon and take the money from me. As I see it, my contract with the buyer was fulfilled, eBay sent me the buyer's camcorder (against my express wish) and I now have their camcorder sitting in my hallway. If eBay then debit my account, I would imagine my dispute would be with them and not the buyer. Is this right?
Your dispute would be with the buyer.
You wouldn't be suing Ebay only the buyer
Does that help?
Hmm, I don't get this. The buyer has sent me the money and I have it in my account. The dispute occurred and eBay sent them the money. The people now removing money from my account (in the next couple of days according to the email) will be eBay and it will stay in eBay's account. How do I take action against a buyer when they haven't taken the money from me?
Right, got you. I am clear now. Then it would be Ebay you would sue
OK, thanks. They have pretty much given in on the "item not as decribed" argument and are relying on the fact they sent the camcorder back to me (against my instructions) to say that it's all done and "fait accompli" so tough luck. As I see it, the contract I have with the buyer is fulfilled and I just have the buyer's camcorder in my hallway, sent to me by eBay. I can't see how just sending something can undo a contract. The package was accepted by a neighbour so I had no opportunity to refuse it. How strong is their argument?
Indeed. I think you have a valid argument here.
OK great - thanks.