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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4640
Experience:  Solicitor
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Purchased an item online (eBay) item was fitted to the car

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Hi purchased an item online (eBay) item was fitted to the car and I believed there to be a fault with it. Part was removed and replaced with another part from a different company. I sent the item back to the seller but after hearing nothing after 11 days I escalated it as a claim with PayPal.. PayPal sent an email at this point the seller had to chance to say there was nothing wrong with the item and the case would of been closed. The seller refunded the money on own accord. Confirmed by PayPal that they did not force nor take the money themselfs. In the mean time the seller has found out due to a review site that I had the car modified in January, I have a invoice for the removal (credit back to me) dates 2 months before my purchase of the item, showing that the car was not modified at that time of purchase. He sent me a letter before action, which I replied to with a 3 page document of my side of the story, including emails from PayPal saying they did not take the money nor force and also invoice for refund of money paid for the modification. He has now issued me with a court claim form asking for the money back. Where do I stand with this baring in mind he issued refund on own accord? Can he try get the money back after the refunded was issued?
Submitted: 1 month ago.
Category: Law
Expert:  Jamie-Law replied 1 month ago.

Hello my make is Jamie and I will help you with this.

How much was the claim for? Just to be clear he has been refunded but he is seeking the whole amount back?

Customer: replied 1 month ago.
He refunded £301.99 and he is asking for a refunded of £301.99 + £35 fee for the court form. He claims the part was not actually faulty and that I used PayPal to get the money back by using their buyer protection. PayPal confirm that he issued the refunded himself and that PayPal didn't force him to make the refunded. At the point thy contacted him, it was an open case with PayPal as an middle party, he could of closed the case at that point saying the part was fine and there was nothing wrong with it
Expert:  Jamie-Law replied 1 month ago.

Ok. But you have received an actual claim form? Have you returned the part?

Customer: replied 1 month ago.
I received the refunde into my current account which I paid. I have received the claim form today and have not filled any out yet
Customer: replied 1 month ago.
Would you like me to upload the claim form?
Expert:  Jamie-Law replied 1 month ago.

ok. Did you return the item?

Customer: replied 1 month ago.
item was returned. It was signed for my courier. 11 days passed with him ignoring my emails. I think escalated to PayPal.. he refunded.. now he says there's nothing wrong with it.
Customer: replied 1 month ago.
To confirm he issued the refund prior to sending a letter of intended action saying that there was no manufacturable fault with the item and I needed to send him back the 301.99 he refunded
Customer: replied 1 month ago.
Did you receive the photo?
Expert:  Jamie-Law replied 1 month ago.

Ok thanks. I have the photo thanks. Was the person selling a business or individual?

Expert:  Jamie-Law replied 1 month ago.

Did you purchase the wrong parts as alleged?

Customer: replied 1 month ago.
Business, I purchased the parts that were correct for my car. He has looked up and I have done a review online for a car modification company. This modification was fitted to my car in January 2017 and removed on the 3rd match 2017. I made the purchase from the guy in question on the 25th of may. I have an invoice for a refund of the "modification". I have just read some scary reviews online of a lot of people in the same boat
Expert:  Jamie-Law replied 1 month ago.

Ok. Did she suggest the parts or did you specify?

Customer: replied 1 month ago.
The modification?
Expert:  Jamie-Law replied 1 month ago.

The bits you ordered.....

Customer: replied 1 month ago.
Sending you his letter before action. PayPal email saying he issued on own accord and not forced
Expert:  Jamie-Law replied 1 month ago.

Yes. But who suggested the parts. Him or did you just order them?

Customer: replied 1 month ago.
It was described online to fit the correct car.. I believe I also messaged them to ask if correct. He is saying that the part was faulty due to the modification, but the modification wasn't on the car when his part was fitted
Customer: replied 1 month ago.
Screen print of them confirming it would be correct for the car.. guess end of the day there is no proof of or if not there has been a modification to the car at that point?
Expert:  Jamie-Law replied 1 month ago.

Ok. You defend it on the basis :

1. In law you have 14 days in which you change your mind about goods ordered at a distance

2. In any event the seller was in breach of the consumer rights act 2015 as the goods didn't work

3. The seller refunded you, PayPal didn't need to adjucate

4. He is now, unreasonably, trying to claim it back.

5. The court can't litigate on matters which have Already been decided, i.e. The PayPal issue.

The last point is a bit weak, but put it in anyway

Can I clairfy anything for you about this today please?

Customer: replied 1 month ago.
Just one thing legal wise, at the point his he refunded the item, is that him ending his engagement of the "contract" with me, and then accepting the terms which PayPal sent to him as I described the goods as faulty? And accepting then at that point that his goods were actually faulty?
Expert:  Jamie-Law replied 1 month ago.

Yes you can argue that. Unless it's an explicit admission I don't think you can take it as red though,

Does that clairfy?

Customer: replied 1 month ago.
Last question then done.. if I was to take this to court and he was to suceed I take it that would mean I would be issued a ccj? If I was to pay them off now it would mean I wouldn't have a ccj? Thank you
Expert:  Jamie-Law replied 1 month ago.

Yes you would get a ccj but if you pay within a month it is cancelled.

Does that clairfy?

Customer: replied 1 month ago.
thank you
Expert:  Jamie-Law replied 1 month ago.

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face at the bottom of the screen, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

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