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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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I sold an item refunded the buyer online because i found out

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I sold an item refunded the buyer online because i found out the item was very valuable and now there trying to claim ownership
JA: Where is this? And just to clarify, when was the purchase made?
Customer: U.K Ebay Novemember 2019
JA: What steps have you taken so far?
Customer: Refunded the buyer in full
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no thats it

Hello, this is Jim, a dual-qualified lawyer (UK & Republic of Ireland) and happy to help you today.

Contract law comes in to play here. When they buy, they enter in to a binding contract. When they pay you, they pay consideration under the contract and you then send them the item = contract complete.

If you did not send the contract and returned the money, you can argue the contract is not complete. If they persist with this, you can say the contract was never completed and even if it was, is void due to "mistake", with the item price. I presume they have retained the money you sent to them. I would be inclined to continue to defend any ownership claim from them.

I hope this helps? If I have answered the question would you kindly leave me a 5 star rating (at the top of your screen), any follow up questions are welcomed.

Many thanks,

Jim

Customer: replied 13 days ago.
Thank You Jim of course i will were not well off and this item will help to pay alot of bills the item is now for sale in christies and he is trying to put a spanner in the works as he knows it is valuable should i just ignore all his emails he has threatened me with the police.

The Police will certainly NOT get involved in this, as it is quite clearly a civil matter. I know Christies well (my Grandfather was director there back in the 70's).

I recommend you ignore his correspondence. If he does think he has a claim, he can issue a money claim online - you will need to respond to that but the court sends you the response pack to fill out (which is very easy but I'd be happy to help you if you need me to).

Thanks, ***** ***** good day.

Jim

Customer: replied 13 days ago.
Thank you Jim im hoping christies will ignore him as the item is not stolen and was never sent out if he does make a money claim i will contact you would you contact christies if you were me or just ignore him and not respond in anyway
Customer: replied 13 days ago.
Christies must get calls from idiots all the time the item is worth in excess of ten thousand and he gave us 350 pounds online i no we did wrong by not sending it but who would i guess.

I would just ignore them. Only if they send you a letter before action should you respond to it (to try to avoid court action, which the courts ask the parties to do). Yes, I am sure a lot of people try it on, so to speak.

Sorry I cannot take a call - if you would like to cancel it please send an email request to***@******.***

Many thanks

Customer: replied 12 days ago.
Thank you Jim i am happy to have you in our corner :) Best regards ***** ***** soon if needed.

No problem, come back again if you need more help.

Have a good day

Customer: replied 12 days ago.
You Jim :)
Customer: replied 12 days ago.
Thank for putting our minds at rest :)

No problem at all, thank you

Customer: replied 12 days ago.
I Guess we were wrong not sending it but who would send a ten thousand pound item for 350 pounds i feel bad but we need the money :)

No it's fine, you can cite mistake in contract law and you refunded them. I wouldn't give it more thought.

Customer: replied 12 days ago.
Hi Bill i have another question when an item is refunded on ebay and never sent does the buyer lose all rights to the purchase.

Do you mean if the buyer is refunded, and they still have the item - do they still have legal rights? Is that the query?

Customer: replied 12 days ago.
Hi Jim no the item was never sent and he was refunded in full so does that mean me as the seller now has legal right to the item. i have a photographic document of proff of his refund.

Yes, they no longer own the item as they received a full refund. You can either sue for the cost of the item or issue proceedings for a return of goods order (the latter is a more expensive option)

Customer: replied 12 days ago.
I just checked the Ebay Order from the issue i have and it says item cancelled due to damage out of stock hopefully that helps my case.

That does, yes. They need to return the item now.

Customer: replied 12 days ago.
It was never dispatched to him so he has no legal right to it i guess as ebay paid his money back and cancelled the transaction is that right im just nervous Jim as i dont want anything to mess up the auction with christies im gathering all photograpic evedence of the transactions sorry to keep on its just my family really needs a big score on this :)

No problem, nothing you have said changes my answer. I do not think they have a "legal" leg to stand on.

Customer: replied 12 days ago.
Thanks Jim :) if it does come to legal procedings i will of course ask for your paid help :)

No problem at all, in the meantime if you could find the rating system on the page at the top - a 5 star rating would be much appreciated.

Have a good evening.

Jim

JimLawyer and 2 other Law Specialists are ready to help you
Customer: replied 12 days ago.
Of Course :)
Customer: replied 12 days ago.
I rated You Jim Five Stars and left a TIP :)

That's very kind, thanks! Happy to have helped - have a nice evening

Jim

Customer: replied 12 days ago.
Thanks Jim i may need your help again soon :) Hopefully not you are a Gent.

That's fine, I am around most days including weekends.

Customer: replied 10 days ago.
Hi Jim i need to know my next steps do i contact Christies to warn them that he may ring and come clean i never sent him the item and refunded him, i really dont want to do this but im worried he could affect our auction so worried Jim but i dont want to stir up a wasps nest, when the item is sold will he be able to put a request in for the funds ? thank you stuart please help.

They won't speak to him unless he is a customer or has a contract with Christies. It depends who owns the item - as you refunded the money then you are the legal owner so I would not be worried

Customer: replied 10 days ago.
Thanks Jim would You advise not to contact them and stir up trouble and ruin my sale i guess after the sale is done thats that all he has is the ebay listing to say he won the item but obviously i have photographic evidence of the refund.
Customer: replied 10 days ago.
Is it against the law for them to discuss our contract

GDPR applies so they cannot discuss anything about you - Christies will not discuss matters as they are bound by the data protection law (General Data Protection Regulations).

If you have further questions outside of the legal ownership one, may I ask that you post a new question to the main site. It will not cost extra if you have membership. If you would like me to deal with the new question please mark it “For JIM only” and I will pick it up as soon as I can.

Many thanks

Customer: replied 10 days ago.
Hi Jim i will do Just one last one for now would you advise not to contact them about the matter

Yes, I would not contact them and don't lose any sleep over this.