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?

[DR77]

On the 8th July I submitted a MCOL against the Director and his Limited Company, the claim was issued on 9th July, on the 22nd of July I received a defence from the Limited Company not the Director stating that neither the Director nor the Company have ever sold any items on Ebay, the defendant has stated that the company owns no assets and operates as a management company for cleaning a gymnasium (although the defendant owns the gym and the company is registered as Fitness facilities on companies house) and has also stated that the company will now become dormant.

The Defendant has also stated in their company's defence that the claim is ridiculous, a fabrication by either a deluded desperate individual or a scam and has requested the claim to be struck off. I did not expect the defendant to say anything less after they deliberately made an untrue statement to me with regards to the items being damaged and scrapped after I won their auction, my evidence will prove otherwise.

As mentioned in my first post although the defendant was registered as a private seller, they were selling their business items, I have a copy of their auction listing stating that they are selling the items from their gym to make space for new gym equipment, I also have evidence of my wining bid from eBay.

Although the defendant is no longer registered on eBay, their eBay username was their first and last name (I have evidence of this)

I also have eBay messages from the defendant stating the items were damaged and scrapped, and then evidence of eBay messages sent from the defendant offering the same items for sale unknowingly to another eBay user who was my partner

To avoid being caught by eBay the defendant encouraged my partner to trade outside of eBay, they told my partner to avoid messaging them through eBay and included in their eBay message a screenshot of their mobile number, email address (email address includes their first and last name) and business address of their Gym

I also travelled to the defendants Gym to take pictures of the items I won, I have pictures of the items serial numbers which match the items they auctioned and said were scrapped.

Even though the defendants company has defended my claim, I take it that the director will still have to respond to my claim separately?

[Pezza54]

Is the company in Carmarthen or Portsmouth?

[DR77]

The company is not in either of those places, why?

[Pezza54]

I searched Companies House using the company name "Fitness facilities" and only found 2 companies, one dissolved and one dormant

It does sound as if the seller is an individual, not a company. Are you sure you have the seller's correct correspondence address? The seller doesn't have to file a defence but risks a ccj

[Pezza54]

If you agree that the company is not the seller, you should file a notice of discontinuance of your claim against the company with the court and serve a copy of this notice with the second defendant, the individual seller (cpr 38)