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UK Solicitor John
UK Solicitor John, Solicitor
Category: Law
Satisfied Customers: 1012
Experience:  8 years legal experience
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I have a query regarding Ebay fees and how i was wrongly

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i have a query regarding Ebay fees and how i was wrongly informed
JA: Where are you? It matters because laws vary by location.
Customer: uk
JA: What steps have you taken so far?
Customer: None
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no thanks
Customer: replied 5 days ago.
I activated the "sell for £1 max 100 new listings only" promotion on the 20th April ...i believe. Before I activated this promotion, I called ebay’s concierge team so that someone could professionally guide me through the process. I wanted to make sure that everything was going to run smoothly. To which their response was as follows:Step 1) delist your currently live listings
Step 2) activate the promotion
Step 3) Relist ended itemsI asked the staff member to hold the conversation whilst I followed their instructions. Once I had completed all the steps that they had instructed I asked the staff member to confirm that I had carried out everything correctly. To which the staff member confirmed that I had done everything correctly. Despite having a few transcript numbers, I am yet to find the one for this conversation.Furthermore, I was advised that once I had activated my listings under the £1 promotion I would then be able to see how many listing I have left within the promotion limit. For example 80 used/20 left .“Click on the number under the Used column for the promo and it will show you the item IDs that quality for the offer. When you list something you need to check that the Used count increases for each listing.”The staff member then finished off the conversation by saying that this £1 promotion was active on my now re-listed items until the listing ends (which in my case was 30 days). Consequently, I went away knowing that the correct measures were in place. I was further convinced when I saw that the activation section on my page said that 80 of my listings were active under this £1 promotion (Attachment 1a-1b).1 month later there were still no credits for any sold items during this period.I proceeded to call concierge team to see what had happened with the promotion and they informed me that there had been an error on eBays part which they would investigate. To which they also informed me that I would receive my credit back within 48 hours. (Kera Mcguire -1-26561312469310) & (1-265427675086)I then received an email from ebay a few days back explaining that my credit request has been declined. As you can imagine I was quite shocked by this so I called there team back again. 24 hours later, by luck, I had the change to finally speak to a supervisor. This person told me that my case has been closed and that no credits are going to be issued back to me (Paul 1-26780924016). Paul then proceeded to say that the reason for me not being credited was due to the listings not being classed as "new listings", rather they were being classed as "old relisted listings".I was extremely shocked by this, especially when I had been told prior that I had re-listed these items correctly under the £1 promotion - under the guidance of one of there professionals. Plus a few days before I was told by another one of there professionals that I would be recredited back for this mishap. None of this makes sense. I am being told different things by different members of staff.
I have used this promotion previously and am quite familiar with how it works. On previous occasions where mishaps like this have happened under the promotion, I have been re-credited no problem at all. Despite the promotion changing slightly, the terms and conditions have stayed the same. The current T's & C's do not accurately describe what a "new listing" infers. As far as I am concerned, as long as I create/relist an item with the promotion activated then that listing has qualified to meet the criteria. Certainly the member of staff that guided me through the steps also thinks the same. Numerous other members of the team also think the same and are in agreement with me (please see an attachment 2,3,4).To point:
1) there terms and conditions clearly do not specify whether previously listed items are eligible for the promotion or not.
2) there concierge team are also clearly uninformed of whether or not previously listed items are eligible for the promotion.I have the attachements and chat transcripts from various people I have spoke with if required.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

Hello, I’m a solicitor and I’m happy to help with your question today. There may be delays in responding as I am away helping other customers but I will get back to you as soon as I can. Please bear with me if I need to ask you some clarifying questions. Thank you.

Hello, what would you like to know about this please?

Customer: replied 4 days ago.
HiWhether or not I have enough evidence to fight the case in court?I have been told by citizens advice that because I was advised through ebays concierge staff that I followed the steps correctly for the promotion that this will form part of the contract. Despite the terms and conditions specifying otherwise.Ebay have refused to recredit me these fees. Despite me having written evidence from staff that I did everything correctly to be eligible for the promotion.

Hello thanks for your patience.

Yes, absolutely, you have more than enough evidence. They have confirmed an error on their part and you have been messed around, told different things, and have relied on their word, so you have little choice but to take court action if they are now refusing to honour what they said.

What you would need to do is write them a formal “Letter Before Action”. In this letter you will need to state the amount you are seeking to recover and the reasons why. You will also need to give them a deadline to raise the payment by, usually it is 30 days in which to receive payment.

If payment is not received within 30 days, then you will need to issue a claim against them in the small claims court. You can do this by visiting this site https://www.gov.uk/make-money-claim

Or you can do it by post by using form N1 which you can find here Form N1: Make a claim against a person or organisation (Claim form CPR Part 7) - GOV.UK and posting it to:

County Court Money Claims Centre

PO Box 527

Salford

Greater Manchester

M5 0BY

Due to the value of the claim you do not need a solicitor and can do this yourself. Once you issue the claim, interest will be added onto the amount from the day you issue until the date judgment is awarded. This is pursuant to section 69 of the County Court Act 1984. There will be an issue fee to pay, but you will recover this back.

It may very well be that the letter before action you send will make them pay promptly and you do not need to issue, but incase they don’t pay you, then the letter before action enables you to be able to start proceedings against them.

From what you have stated it is likely judgement will be granted in your favour and you will recover your money back. If they don’t pay after judgement has been awarded, it means you can then take steps through the court to enforce it against them.

Does this help?

Customer: replied 4 days ago.
More then Helpfull John.I really appreciate your response.I will follow the steps above and get back to you if I require further assistance.Thanks againJack

Pleasure, happy to help. Please leave a rating for me before you leave, by clicking the stars at the top of the page. All the best to you. John

UK Solicitor John, Solicitor
Category: Law
Satisfied Customers: 1012
Experience: 8 years legal experience
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