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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I sold an item in January through ebay using paypal - buyer

Resolved Question:

I sold an item in January through ebay using paypal - buyer to collect.
Item was collected by an employee of his - although i have nothing to prove this other than remembering the collection mans first name.
I recently listed a similar item - same buyer won the auction but refused to pay.
I cancelled the transaction when the buyer accused me of selling the same item twice.
He says the current item available is the one he won in January and was never collected.
(at the time he was buying numerous available identical items (drum kits) and collecting from around the country and is one short.
I think because i have used the same images again he has decided mine was the one he has not collected.
(these are a mass produced item - one looks exactly like another)
I have tried to reason with him but he now intends to take this further...
He is outside of both paypal and ebay limits for raising a case.
As i cannot prove collection (apart from remembering the drivers name )
my question is - legally where do i stand ?
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you.

Is he asking for his money back? Was the kit as described on eBay?

Customer: replied 1 year ago.
The kit was as described - and collected -now 9 months later he is saying it was never collected and wants either the kit - or a refund - because he has seen my listing of a similar kit (albeit using pictures of the original kit because they are all the same...)as i understand it - he has no options available to him via ebay or paypal because of the time limits.My only fear is he may try to involve the police and or make it a civil case... and i could do without all the hassle?does he have any legal grounds to proceed in that vein ?
Customer: replied 1 year ago.
This feels like a buy one get your money back scam - using paypal buyer protection.That said - i think he honestly believes this kit is the one he didnt collect... so whilst i can sympathise...I'm not keen on the possible grief of a police investigation... because of his lack of organisation !
Expert:  Jamie-Law replied 1 year ago.

the police won't get involved, it's a civil matter.

He could issue county court proceedings but in reality as it has been over 6 months he is out of time.

Even if he had consumer rights, which he does not, that says any actions should be taken within 6 months. It is way beyond that.

But if the kit was as described, he has no claim. So do not worry about it.

Can I clairfy anything for you about this today please?

Customer: replied 1 year ago.
kit was as described... howeverhis issue is - he is saying he never received it... I'm saying he (his driver) collected it.that's the real issue... not condition or description...he has proof of purchase - i have no proof of collection.If after all this time that is no longer relevant - i can stop worrying :)sorry if i am repeating myself... i just want to be sure before i say to him '' do your worst''
Expert:  Jamie-Law replied 1 year ago.

then it's fine, you are fine,

Does that clairfy?

Customer: replied 1 year ago.
if after 6 months he has no legal case for refund or re-collection i am happy with today's advice.Please can you confirm the above.
Expert:  Jamie-Law replied 1 year ago.

Correct

Customer: replied 1 year ago.
Thank you... apologies for being pedantic. :)
Expert:  Jamie-Law replied 1 year ago.

If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

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Customer: replied 1 year ago.
Will do... thank you
Expert:  Jamie-Law replied 1 year ago.

Thanks