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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61284
Experience:  Qualified Solicitor
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I have dispute with buyer on eBay - buyer requested return

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Hi,
JA: Hello. How can I help?
Customer: I have dispute with buyer on eBay - buyer requested return and sent me back altered and damaged item. eBay has sided with the buyer and gave full refund. I am left with damaged item and spend additional money on postage.
JA: Where is this? And just to clarify, when was the purchase made?
Customer: also eBay gave me advice based on not updated policy
JA: What steps have you taken so far?
Customer: it's UK and i have contactedb trading standards
JA: Anything else you want the Lawyer to know before I connect you?
Customer: just an advice, thank you

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

What do you specifically want to know about this please? Please note I am mobile today so may not be able to reply until later today thanks

Customer: replied 13 days ago.
Hi Ben, thank you for your response. So my question is can I seek any compensation of eBay with regards to eBay breach of Terms and Conditions to sellers policy. I was advised by Trading Standards to send the complain via post.
Customer: replied 13 days ago.
Hi Ben, thank you for your response. So my question is can I seek any compensation of eBay with regards to eBay breach of Terms and Conditions to sellers policy. I was advised by Trading Standards to send the complain via post.
I can attach the letter I wrote, could this be check by you?
Customer: replied 13 days ago.
Hi Ben, thank you for your response. So my question is can I seek any compensation of eBay with regards to eBay breach of Terms and Conditions to sellers policy. I was advised by Trading Standards to send the complain via post.
I can attach the letter I wrote, could this be check by you?

Many thanks for your patience. I won’t be able to check a letter as we are just an online chat service. But can you please confirm why ebay have breached their terms?

Customer: replied 13 days ago.
Ebay return policy state that the item must not be used, altered, damaged outside the listed condition that it has been received in. The buyer painted, dismantled and repaired the item before returning and admitted doing so in messages via eBay. Their advice resulted in the buyer receiving full refund and I have been left with the collectors item which has been devalued by at least 2/3.
Customer: replied 13 days ago.
How should I approach this?

You are very unlikely to be able to successfully pursue ebay for this. You may believe that they have breached their policy but all they have is your word for it and they can make a decision based on the evidence they have, even if in reality it is not the correct one. The culprit here is the buyer, they are the ones you really need to be going after and pursuing a potential claim for compensation.

 

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

 

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

 

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the compensation in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

 

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

 

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

 

Does this answer your query?

Customer: replied 13 days ago.
Yes it does. Thank you for your time. Joanna

All the best

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