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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I recently sold a used printer to an individual on Ebay.co.uk

Resolved Question:

Hello, I recently sold a used printer to an individual on Ebay.co.uk who is currently trying to obtain a refund from me by claiming that the printer's ink cartridges he bought do not work and therefore the printer does not work and yet this individual is also currently selling, on Ebay.co.uk, the very same printer I sold to him as working. It is my belief this person is committing fraud. Are Ebay.co.uk and Paypal.com party to the sale of contract of the printer? What can I do about this lawfully as I understand that Ebay.co.uk will be simply be dismissive of any concerns I may register with them. Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
I assume you have the details of the buyer including their address etc?
Alex
Customer: replied 1 year ago.

Yes, I can obtain it from the Paypal receipt.

Expert:  Ash replied 1 year ago.
Ok. Then you need to see what Paypal and Ebay say. If they are refunded then you can sue for breach of contract.
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 signed 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 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?
Alex
Customer: replied 1 year ago.

Thank you. Just to clarify, I issue a court summons to both Ebay and Paypal as joint defendants and which particular breach of contract (law) will I be using to sue please?

Expert:  Ash replied 1 year ago.
No no - the buyer.
Its breach of contract.
Alex
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