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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70742
Experience:  Qualified Solicitor
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I sold and item on Ebay in April 2019, after exchanging

Customer Question

Good morning, I sold and item on Ebay in April 2019, after exchanging emails with the purchaser the item was never collected. I called eBay and they advised that as the purchaser had paid via Paypal I would have to wait 6 months for the purchaser to collect before I could resist it. Now 18 months later and NO correspondence from the buyer I have re-listed the item only to receive a message from the buyer saying they want to collect. eBay have said that I am in my rights to re list after such a long time and Paypal would only get involved if my actions were within the 6 months period. I am looking for your advice on this situation. Many thanks Sarah
JA: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: I have spoken with eBay an let the original buyer know that the item they purchased 18 months ago is no longer available and such a long period of time.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No I think that sums up my situation.
Submitted: 4 days ago.
Category: Law
Expert:  Ben Jones replied 4 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 4 days ago.

Do you still have the buyer's money? Please note this is not always an instant service so I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. Thanks

Customer: replied 4 days ago.
After 18 months it has been spent.
Expert:  Ben Jones replied 4 days ago.

Thank you very much for clarifying. Legally you still owe the buyer either the item that they bought or their money back. After all, there was a legally binding contract for sale which you and the buyer entered into, where the buyer paid you for the item and you would have then either had to send it to them and make arrangements for its collection.

I appreciate that the buyer did not collect the item as expected but that does not remove their contractual rights and they can still expect it now, or ask for a refund. After all, you have made a profit twice on this – once from them and once from the relisting, when it was sole to someone else. You cannot keep the buyer’s money when they have not been given the item that they purchased.

Even though this happened 18 months ago, they have 6 years within which to make a potential claim for breach of contract against you. So you would either have to refund the, or take your chances that they may pursue a Small Claims Court claim against you.

Whilst a party can make demands for payment, instruct debt collectors or threaten legal action, it is important to note that they can only really force someone to pay if they actually go to court, submit a claim and are successful with it.

There is, however, no guarantee that they will actually ever go that far. Many people issue threats and demands, without ever having the intention of taking the matter to Court. This is done in the hope that the scare the other party into complying with their demands to avoid the risk of being taken to Court. However, until a formal notification of a Court claim has been issued, there is never a guarantee that a claim will actually be made and it could always remain just a threat, rather than reality.

Even if a claim was made, due to the value of compensation sought, this matter would be assigned to the Small Claims Court. This is a relatively low-risk option because it is specifically aimed at the smaller, legally unrepresented parties. The costs of claiming are not that high, there is no need to have a lawyer and incur further costs as a result and even if a party loses the claim, they will not be liable to pay the other side’s legal fees. All they would have to pay is the court fees, which at most will be several hundred pounds and whatever the Court has decided should be paid to the claimant as a result of their original claim.

Also, once judgment has been issued, on the assumption you lose, the judgment is entered on the Register of Judgments, Orders and Fines, where it will remain for 6 years. This is what is known as ‘having a CCJ’ and can impact your credit rating. However, if payment of the judgment is made within one month, the record will be removed from the Register and will no longer be visible. If payment is made after one month has passed, it will still remain on the Register for the 6 years, but will be marked as ‘satisfied’

To conclude, it is possible to wait and see how far the other side is willing to take this before deciding on how to respond and even if a claim is made, it is possible to proceed and defend the claim in the knowledge that the financial risks of doing so will not be astronomically high and if any judgment made against you is paid within a month, there will be no further repercussions.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 4 days ago.

I hope that your query has been answered to your satisfaction. I just wanted to take this opportunity to remind you that if you needed any further clarification with this query, you should not hesitate to contact me and I will be happy to help. For now, thank you for using our services.