I have just written the letter, I know you are busy however can you please read over this and see if there are any points you think I should take out or if there is anything I have not mentioned that I should? There are still a couple bit of editing (adding number of emails sent and the account number and sort code where the money was sent)
Dear XXXXXn P Macdonald,
I am writing to you in regards XXXXX XXXXX deal that was made on (date) regarding the sale of jeans, ebay account, on going support and trade prices for jeans.
I have spoken to a solicitor who has informed me to write this letter to you and you have 14 days to refund the amount otherwise this matter will be taken to court.
I believe you have not fulfilled your part of the deal and have knowingly sold me the jeans without any other intention of having the ebay account as part of the deal.
When I first messaged you on eBay, I asked if you would sell the eBay account on its own without the stock to which you replied you would not sell the ebay account alone but would consider selling this as a package with the jeans.
We spoke on the phone from the number you have been texting me for 1hr 10mins about the account and the jeans and how everything would be sorted out.
In this conversation I asked you again that I would like the account as part of the sale to which you agreed and you asked what I would like to do with the account, to which I replied I would look to carry on selling the jeans as well as expending to other markets and I also mentioned that as you already have over 30000 feedback this would already help with the trust towards the customers.
After we agreed a price you then asked me to deposit £2000 to allow you to end the listing and proceed with the deal.
From there on the £2000 was deposited after I took down your bank details over the phone. Money was sent to Discounted Jeans Sort Code (-) Account Number (-).
From there we agreed we would make an agreement to confirm what would be included and the remainder £8000 to be paid.
I believe and also from speaking to a solicitor after going through all the information that you are liable for this as you have not made it clear that this would be a different ebay account. To my knowledge you have sold this without any good intention.
Immediately after paying the £8000 and receiving the jeans you have been very minimal with your communication even though you would reply to texts and emails efficiently before the sale had finalised so this also leads me to believe you had no good intention once the sale had finalised. I have left you many messages via text, I have also called you many times, left voicemails, called your office who told me you were always in and out, yet you never once responded to my calls even though I mentioned to your staff this was very urgent, I had in total 5 text messages since you handed over the ebay account that was very similar in name.
If you will not refund after 14 days as mentioned I will take this to court. You have also damaged my chances of buying another business that was for sale which went for less money recently, which I was also enquiring about at the same time I messaged you to which I also have eBay messages as proof, if I had the money I could have bought that and I did mention to you that I would like the money back to purchase another business as your agreement did not match what we talked about to which you did not reply.
If you choose not to refund, can you please explain the following (even though I will take you to court for £10000 refund and possible further damages to potential business):
- From your phone conversation, you mentioned you would come down to change over the password XXXXX the eBay account and you did not want me to login from my place as you were unsure of the IP address if eBay may pickup that this is being logged in from a new location. My question is, if this is a new account, why would it matter if I logged in from my location?
- If this was a new account why was this sent over after all the payment was made? I could have done this myself and also a new account takes 2 minutes to setup so I don’t understand why you would need to do this after the money was sent? Not that this is what I asked for.
- You mentioned on the phone that the eBay account had 15% discount already on it, surely as an experienced eBay seller you should know all new eBay accounts start fresh with no discounts applied, why would you tell me this if this was supposedly a new eBay account, the new eBay account you setup would have 0% discount.
- You also mentioned you would help get all jeans setup for eBay and help to list all, surely you should also know as a new eBayer there is a limit of around 6 listings per month until proven to be a trusted seller. At that rate it would take months if not years to sell all the stock. Why would you need to come down to show me how to list 6 jeans when you mentioned you would help with all getting listed?
- Why did you name the account so similar to your name, by only leaving out the s in jeans. You did not make this clear this was a new eBay account, you only mentioned that you were transferring this over, so by using special wording it seemed as though you made it out to me as though I would receive the eBay account that I enquired about in the first place. You should have made this very clear this was a new account.
- Discounted-Jean-Shop and Discounted-Jeans-Shop are way too similar, if we were setting up a new account then surely you would ask me what name I would like? What gave you the idea to name this almost identical to your account?
- You mentioned there were approximately 1200 jeans and 200 short jeans, from counting and going through, there were 1075 jeans and 180 (of which quite a few had been cut from normal jeans so they were not even official jean shorts) So in total 1255 instead of 1400. I know you put this was approximately however that is a big difference. Also a lot of the stock was damp, smelly, very dirty which was never mentioned. Please explain this.
- Why did you not reply to any calls, voicemails, messages left at the office, only replying with 5 texts in total from 21/02/14 till 03/03/14. Surely taking 10 minutes out to message by email, text or even call to clear this up? Can you explain why you never replied with any solid answers? You managed to send 35 text messages 10/02/14-20/02/14. Along with (number of emails), even if you were busy, you must have had access to your phone or to a computer in this time.
To outline once again, please have the goods returned (payable by you) refund £10000 in 14 days (if you are having money problems please respond that you will honour this refund) I am a fair person and very honest, I do not believe in doing any wrong however it seems your motif is very different as you only wanted to see the money and offload old jeans that you did not want. If this is not correct please explain how you saw this.
After 14 days if I do not receive any response I will send a letter that will summon you to appear in court where this case will be settled in front of a judge with a possible conviction under your name if found guilty.
26 Alexandra Road