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Ben Jones
Ben Jones, UK Lawyer
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EBAY related.. i had my ebay account hacked, this person bid

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EBAY related.. i had my ebay account hacked, this person bid and and won a rusty old raleigh bike for £750, i messaged the seller explaining what happened, told ebay, who advised me to change password, which i did straight away, they looked into the situation, and and concurred with me, refunded the seller his fees and closed the case, but this seller has now sent me a small claims court summons for £750 plus £60 costs, i telephoned ebay, and they told me to reply to the summons explaining the situation ( which they will explain if contacted) what is you advise please?
Regards John
Hello so when you say a summons a claim has actually been issued formally?
Customer: replied 1 year ago.
Its a claims form Ben
Customer: replied 1 year ago.
County court business centre
ok thanks I will respond shortly
Thanks for your patience. There is nothing stopping the buyer from making a claim against you because they have reasonable grounds to believe that you had made the purchase and by not completing it you had acted in breach of contract. However, at the same time you have a defence against such a claim because it was not you who made the purchase – someone else did. So you cannot be held responsible for this amount even if the purchase was made through your account. You can rely on any reports you had made through ebay to highlight the security breach, correspondence from them confirming this was the case or even ask ebay to release the IP address (computer number) of who made the winning bid and show it was not your computer. Also if the bike was not worth £750 they are unlikely to be able to recover that amount. If this was a rusty old bike which was clearly not worth that amount, then it does support the argument that this was obviously not a genuine purchase. And their losses in reality would not be £750 – it would be what the reasonable sale price of such a bike would be so even if the court does find in his favour, you can bring the amount down to what this bike’s realistic value is, not the silly purchase price entered on ebay. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Customer: replied 1 year ago.
Im not sure this person will give up despite ebay telling him its been sorted :(
You cannot force him to give up, he could go all the way and only give up once the court has made a formal decision, either accepting their claim or rejecting it and finding in your favour. So you need to make it clear that it is unlikely they will win due to this clearly being a result of unauthorised access to your account, evidenced by the silly price bid on the item, the correspondence from ebay and the act that this bike is never worth that much money and a court will not award such damages i their favour eve if they win so it is best to drop the matter now, before further costs are incurred which you can try and make them liable for
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Customer: replied 1 year ago.
Thank you my friend
You are welcome, all the best