ebay non delivery resolved and my favour and now seller threatens to take me to court

[bob55]

hi
i've had a refund a few weeks ago for an item purchased on ebay that was not delivered. I had escalated it through ebay resolution centre and they found in my favour and awarded a refund.

I had received a despatch confirmation from the seller and several days after estimated delivery date I escalated non delivery to ebay (that also copies in the seller) and had no response until ebay provided the refund and I provided negative feedback to the seller due to non delivery and lack of response. On the same day ebay closed the case at which point the seller queried the issue. in an email to me the seller said that he had acutally sent a detailed email to me upon my escalation to my gmale account. I pointed out that it should have been gmail and asked him to check where he had actually sent it (awaiting response).

I have now received another email from the seller saying they are going to take me to court to recover the money.

I can assure you that I have not received the item, have not received any non delivery notification and my immediate neighbours have confirmed that they have not received anything for me. As the item was only valued at £32 I initially thought that I should just pay up and avoid the hassle but know I think why should I because if it was the high street I certainly would not wallk out of a shop without the goods I had purchased (is it a scam/trying it on???)


Surely under the sale of goods act 1979 delivery his responsibility (and remains so until proof of deliver has been obtained). Will this progress to small claims court ( is it a bluff) and if so what action do i take


regards
bob

[labman]

Re: ebay non delivery resolved and my favour and now seller threatens to take me to c

Hi,

Here's a link to the Distance Selling Hub:

http://dshub.tradingstandards.gov.uk/

While much is aimed at the seller, it's informative for the buyer as well. However EBay (or Paypal) will argue they're not ocvered by these. I'd be very surprised if the seller took you to court over this. It sounds more like he is throwing a tantrum as he hasn't got his way. He may have sent the goods and think you're trying it on.

As you'll know, EBay (and courts) encourage alternative dispute resolution where you try to sort things out for yourselves. The once this happened to me, it was impossible as the other party was just totally unreasonable.

I'd read the T&C's very carefully, and would see if it is covered by the Buyer Protection scheme.

[bob55]

Re: ebay non delivery resolved and my favour and now seller threatens to take me to c

labman

Many thanks for you response. You have reinforced my thoughts

Regards

Colin

[zaax]

Re: ebay non delivery resolved and my favour and now seller threatens to take me to c

hi
i've had a refund a few weeks ago for an item purchased on ebay that was not delivered. I had escalated it through ebay resolution centre and they found in my favour and awarded a refund.

I had received a despatch confirmation from the seller and several days after estimated delivery date I escalated non delivery to ebay (that also copies in the seller) and had no response until ebay provided the refund and I provided negative feedback to the seller due to non delivery and lack of response. On the same day ebay closed the case at which point the seller queried the issue. in an email to me the seller said that he had acutally sent a detailed email to me upon my escalation to my gmale account. I pointed out that it should have been gmail and asked him to check where he had actually sent it (awaiting response).

I have now received another email from the seller saying they are going to take me to court to recover the money.

I can assure you that I have not received the item, have not received any non delivery notification and my immediate neighbours have confirmed that they have not received anything for me. As the item was only valued at £32 I initially thought that I should just pay up and avoid the hassle but know I think why should I because if it was the high street I certainly would not wallk out of a shop without the goods I had purchased (is it a scam/trying it on???)


Surely under the sale of goods act 1979 delivery his responsibility (and remains so until proof of deliver has been obtained). Will this progress to small claims court ( is it a bluff) and if so what action do i take


regards
bob

1. Why didn't they use the Ebay messaging system?
2. What eveidence do they have of delivery?
3. Are they claiming off the delivery co?

If it was a business (or not) let them take you to court - they have to prove delivery.