Serving legal notices on ebay

[Hay hay]

Greetings!

At the bottom of eBay's terms and conditions it states the following
Legal notice shall be served by registered mail to

eBay (UK) ltd, 1 more London place, London,, SE1 2AF

I wish to first off serve them with a letter before action and should they fail to respond then I wish to make a claim against them in the county court

The problem I have though is I have allways been under the impression that to take a company to court you need a named person as the defendant first. Is this true? And if so who?
Thanks

[des8]

You use the full name of the limited company

[dslippy]

ebay(UK) Ltd is the likely candidate, but that depends of course upon what you are alleging and where it happened.
A Limited Company is a legal person.

[echat11]

What happened?

Are there other mechanisms that you could use to resolve this?

[Hay hay]

So on that notion I take it the county/ small claims court will exexpt this company name. and if judgement is ruled in favour of the plaintent then a sherif/ bailift can proceed on that company name to reposess the out standing amount and not a MR or MRS person??

I started this thread in the "letter before action thread". And now it looks like it has been moved.

Having another look at it, it looks like the letter before action thread is about forum menmbers on hear receiving a letter before court action them selfs (from big globolist mega corporation) and not the members hear sending there own letter before action ( against the mega corps (go look the word corps up)))) them selfs.

Dose the forum not offer downloadable template of "leter before action" letters for the small person to take back there money, property, land and rights?

[Hay hay]

Are there other mechanisms that you could use to resolve this?

Only if you can surgest other means of contacting this company that is

[echat11]

Only if you can surgest other means of contacting this company that is

Have you raised a complaint with there Head Office?

[Hay hay]

Hear is the letter I sent to ebay on the 19th of August by recorded delivery

I sent it to the address of there user agreement (please see user agrement hear and also the attached file)
https://www.ebay.co.uk/help/policies...eement?id=4259


-----------------------------------------------------------------------------------------------------------------------------------------------------------------
****my address removed*****

Ebay (UK) LTD
1 More London place
London
SE1 2AF


Dear Sirs

Re: outstanding balance and amount to be paid of £510.10

Without Prejudice

I am in recite of the above outstanding amount for an item that I sold on your web site
My user name is accountsand66 and the email address associated with this ebay account is accountsandapllications@yahoo.com. The item number in question is 22508693002 and the buyers user name is Bexi0411.

Your server states that the item was sold for a grand total of £575 (£540 sale+£35 delivery) and the ebay fees where £73.90 and I that I would receive a total of £510.10. Payment was made by the buyer on the 30th of July 2022 and that the items where despatched by the seller and the sellers funds of the above amount where available from the 6th of August 2022.

My bank details you have on file (where you usually send funds) are with RBS, account number ending in 348 and Sort code 16-22-23. However checking my statements the funds do not appear to be showing. Please pay the funds into the above account or send a check or postal order to the above named person and address within 7 day of receiving this letter

Notice

Unless payment of the above sum is received within 7 days of receiving this letter or you are able to prove that payment has been made or I do not receive a satisfactory response from you, then Court proceedings may be issued against you without further notice.

Any Court proceedings will include a claim for interest from the due date of the invoices, Court fees
and legal costs. Where appropriate, interest, compensation and further costs under the Late Payment
of Commercial Debts (Interest) Act 1998 will be claimed. Any further invoices which become due will be included in the claim. I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.

I look forward to your acknowledgement

Yours faithfully

**my name removed***

------------------------------------------------------------------------------------------------------------------------------------------------------------


It was recived and signed for on the 22nd of August (please see prof of postage hear and also the attached file)
https://www.royalmail.com/track-your.../WD761799760GB

In the letter I gave them 7 days to respond from receiving the letter; It is now the 3rd of September, 12 days later and I have had no reply!

Am I good to go for filing a claim in the small claims court now?

[atticus]

Are you sure that your claim is against eBay and not a payment handler, most likely PayPal?

[echat11]

a) It might be an idea to send EBay a Subject Access Request, they have 30 days to provide all the details on the account.

Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

b) I would give them a bit more time, simply because it's a big organisation, you sent your letter to the registered office, which is correct, but they will no doubt forward it to the Department that deals with such matters. No doubt your letter is sitting on a desk, until it can be dealt with. Giving 7 days, you must be optimistic that it will be dealt with promptly by Ebay.

[anyman]

Are you sure that your claim is against eBay and not a payment handler, most likely PayPal?

It is nothing to do with paypal! The buyer pays and the funds are on hold with ebay until the seller can confirm that the item was delivered, then ebay relise the funds into my bank account for which they have not done so on this occasion

I am see them using something like this to pull off a fast one

[anyman]

a) It might be an idea to send EBay a Subject Access Request, they have 30 days to provide all the details on the account.
.

A Subject Access Request?

[echat11]

A Subject Access Request?

https://legalbeagles.info/library/gu...ccess-request/

[Hay hay]

https://legalbeagles.info/library/gu...ccess-request/

I have absolutly no idea what that is

[echat11]

I have absolutly no idea what that is

What it is, is a request for information on your EBay account, it will have transaction data, any notes on the account, etc. It might help identify what's gone wrong. If your complaint warrants legal action, then if might provide helpful information, evidence etc.