Claim against an eBay seller for breach of contract

[DR77]

Hi,

I'm looking to bring a court claim against an eBay seller for breach of contract, I won the sellers auction at a low price but after the auction ended the seller messaged me to say he forgot to cancel the auction, he said the items were damaged and had been disposed of, I went on to purchase similar items from elsewhere but at a higher price, a week later the seller relisted and sold the same items at a higher price and as a result of the sellers actions, they caused me to suffer a loss, the seller was registered as a private seller but was selling his business items, the seller is also the sole director of the PLC

I sent a letter before action to the seller at their registered business address and their correspondence address stating my grievance with regards to their breach of our contract and the untrue statement they made, I stated that I purchased the items from elsewhere at a higher price which caused me to suffer a loss, I provided them with a receipt of my purchase, I also provided them with the evidence of their eBay message to me stating that the item was no longer available and disposed of and the evidence of the items being sold a week later. I stated that I would like to settle the matter amicably and asked to be compensated for my loss to avoid court.

The letter that went to the correspondence address was signed for in their name but the letter was returned to me opened a day later, the reason given was 'no longer living at address', the letter that went to their business address was again signed for by them but they have not respond to me by the deadline given.

I would like to ensure I issue the court claim against the correct entity and I do not want my claim to be struck out, do I issue the claim against the Limited Company as defendant 1 and the Director as defendant 2 or just the Limited Company?

I believe the letter that was returned from the correspondence address is the directors home address but I'm not 100% certain, when issuing the claim against the director do I resend to the correspondence address?

Thanks in advance

[echat11]

Hi DR77

Welcome to LB

Have you lodged a complaint with Ebay?

What did they say?

[Pezza54]

Provided the goods weren't properties or motors you made a legally binding bid which ebay notified you was the winning bid.
In my opinion your claim should be made against both the director as a private seller and his limited company (2 defendants) That way you are covered if the defendant tries to argue you have claimed against the wrong entity

[atticus]

You issue your claim against the seller, so make sure you understand who or what that is.

[DR77]

Hi DR77

Welcome to LB

Have you lodged a complaint with Ebay?

What did they say?

I complained to eBay and they apparently took action against the seller with a strike

[DR77]

Provided the goods weren't properties or motors you made a legally binding bid which ebay notified you was the winning bid.
In my opinion your claim should be made against both the director as a private seller and his limited company (2 defendants) That way you are covered if the defendant tries to argue you have claimed against the wrong entity

The goods were not properties or motors, thanks for confirming with regards to me issuing against the director and their limited company, when I issue the claim against the director and the limited company can I just use the business address for both or do I need a separate address for the director as the letter I sent to the correspondence address was returned as 'no longer living at address' although the letter was opened

[Pezza54]

Use the business address, unless you recognise the signed for signature as the seller's signature

[furiousfox]

I find this issue really interesting. I always assumed that with ebay listings the specific rules of the marketplace apply and not the legal framework of the country each seller/ buyer is based in. In this case failure to complete a sale is just a defect on the seller's account and I believe up to 4 or 5 such defects are permissible within a 12-month period. Is it true then that failure to complete a sale constitutes a breach of contract that can have actual legal consequences?