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JimLawyer
JimLawyer, Solicitor
Category: European Law
Satisfied Customers: 6434
Experience:  Senior Associate Solicitor
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I had a toy drone for sale on ebay somebody won the bid and

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I had a toy drone for sale on ebay somebody won the bid and perchased it for £370 , the going price , they then activated a case with ebay saying it was damaged , it wasnt when it left me, the case with ebay was seen in his favour and they gave him his money back , since then I have tried to get my drone back but he refuses to return it , i have sent him return labels to asist with no joy , can you advise on where i stand with the law ?

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

In terms of the law the buyer must return the item to you immediately - it is not his to keep and he has been refunded. As such if he retains your item, you should sue for the cost of the item £370 (unless he returns it, say within 7 days). You have no proof the item was damaged so your loss is £370 and this is what you need to claim from the buyer.

I would recommend that you send the buyer a formal letter before action to demand payment within 14 days and say that if they do not pay you, you will issue county court proceedings against them. See attached template as an example of what to say. Please let me know if you cannot see the letter which I have uploaded. You will need to tailor this letter to your situation.

You may also want to threaten a report to the Police on the 101 number - they may think this is theft if he refuses to return the item to you (as he has already been refunded).

You will need to register at http://www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.

You would claim the sum for the loss, the court issue fee (which is £35, based on a claim for £370) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim.

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days.

There are enforcement methods which I can help with, including bank account freeze, charging order on their property (and then apply to force a sale), warrant of execution with the court bailiff, apply to summons them to court for questioning, attachment of earnings order against his employer (if employed) - all of which can ensure you are actually repaid the money.

You may find they just pay you after receiving the letter before action – hopefully they will want to avoid litigation.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

JimLawyer and 2 other European Law Specialists are ready to help you
Customer: replied 5 days ago.
Thank you for your detailed answer , and for the attached template received , ill go ahead with your suggestions , so thats all for now , many thanks Ray

That's no problem and happy to have helped - if you need further assistance please come back here.

Have a good evening.