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Jamie-Law, Solicitor
Category: Law
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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?

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 9 months 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

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

Customer: replied 9 months 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 9 months ago.
Would you like me to upload the claim form?

ok. Did you return the item?

Customer: replied 9 months 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 9 months 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 9 months ago.
Did you receive the photo?

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

Did you purchase the wrong parts as alleged?

Customer: replied 9 months 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

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

Customer: replied 9 months ago.
The modification?

The bits you ordered.....

Customer: replied 9 months ago.
Sending you his letter before action. PayPal email saying he issued on own accord and not forced

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

Customer: replied 9 months 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 9 months 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?

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 9 months 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?

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 9 months 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

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

Does that clairfy?

Customer: replied 9 months ago.
thank you

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