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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50161
Experience:  Qualified Solicitor
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I sold an item on Ebay as I am a business seller on there.

Customer Question

I sold an item on Ebay as I am a business seller on there. The buyer returned the item, did not pack it correctly and it was damaged. He was refunded by the courier firm, but has taken me to court for a refund. I have refused, as he has already received his money from the courier firm.
He has harassed me with over 55 emails, despite me telling him to leave me alone as this now constitutes harassment. He even sent an email "logic of a rattlesnake", where it goes on and on that you cant reason with a rattlesnake, you just cut off its head, you just kill it. I challenged him over it, and he said it was a mistake that it was sent to me, that my email address "just jumped into my address book".
I have told him umpteen times to leave me alone, if this has gone to court as he threatened, then leave it to the courts, but the emails just keep coming!
Is there anything I can do about him?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Has the court heard this claim yet?
Customer: replied 2 years ago.
He says he has started a court claim, but no paperwork has arrived yet. But the signed for 'letter before action' was refused, as he sent it to the wrong address within our complex of work units. He knows the address to send it to, but has deliberately misaddressed it, and I now believe he has done the same thing with the court papers. I cant find out from the court if any action is against me, as I dont have a case number. I wont know for sure until a judgement is issued against me, and even then, if he has put the wrong address, I might never know about that until bailiffs come calling.
Customer: replied 2 years ago.
He is basically sending it to West Court Garage, Unit*****Yard. My address is Unit*****Yard. The posties here are always muddling up the addresses, so I feel I wont get the court papers, if he has addressed it to West Court Garage, as it is a foreign company and its hit and miss whether you get an English speaking person come to the door or not.
Expert:  Ben Jones replied 2 years ago.
Whilst he is able to contact you in relation to the claim and any genuine attempts to try and resolve this, such as the letter before action, etc, his continuous communications could amount to harassment.
The relevant legislation that deals with harassment is The Protection from Harassment Act 1997 in civil cases and The Criminal Justice and Public Order Act 1994 in criminal cases. The law states that a person must not pursue a course of conduct which amounts to harassment of another and which he or she knows or ought to know amounts to harassment. Although there is no definition of what specifically amounts to harassment, it would usually include alarming a person or causing them distress and must have occurred on at least two occasions.
Under criminal law, and if this is reported to the police who then take action, the punishment for harassment can be imprisonment and/or a fine. A court may also impose a restraining order for the purpose of protecting the victim.
In addition to criminal action, a civil claim can also be brought against a person who is alleged to be guilty of causing harassment. The courts would award compensation to the victim, something that is unlikely to happen if this is pursued as a criminal issue.
So in the first instance the police can be contacted and this matter reported to them as harassment. However, they will not often get involved in trivial disputes so if they believe that this is not serious enough they could refuse to help and advise you that this is a civil matter. In such circumstances, the victim can warn the harasser that their actions are being treated as harassment and that unless they refrain from such behaviour in the future they will be reported to the police and legal action under harassment legislation taken against them.
If he is deliberately misaddressing the correspondence and you do not get any notification in that case you could challenge any judgment against you but you will have to see if a claim has been made and if heh is going to pursue the judgment he may get, so this is something only time will tell. In the meantime, try to deal with the harassment issues as described above.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.