Serving legal notices on ebay

[dslippy]

As Atti says, be sure first that it is Ebay you should be after.

[Huxie]

It is likely the eBay Managed Payments system for sellers. There are many reasons why eBay may put a payment on hold:
https://www.ebay.co.uk/help/selling/...s-hold?id=4816

A response to a post the OP made on another forum suggests a possible, legitimate (as above link), reason for the delay:

“You may not be a new seller on this account, but you only have 2 feedbacks in the last 6 months, neither of which suggest that ebay will be quick to release your funds.”

[atticus]

Why should number of feedback items be a reason for delay?

[Huxie]

Why should number of feedback items be a reason for delay?

The 2 feedback referred were the only recent ones as a seller and were both negative. One mentions having to raise a claim through eBay to get their money back as the OP apparently claimed they couldn’t refund because eBay had suspended them. If this is indeed the case, then this could potentially be at the root of the OP’s problem.

[atticus]

Thank you for adding that information.

[Hay hay]

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.

There is no notice of court action if you do no reply within 30 days on the template letter. So I guess the other letter before action is a different matter and while I have served the freedom of info request form on them, In the mean time I can still procced to the small claims court anyway since they did not pay or respond to my letter before action in time. And if they fail to reply to my freedom of info request I can take them to court for that too!

[Hay hay]

The 2 feedback referred were the only recent ones as a seller and were both negative. One mentions having to raise a claim through eBay to get their money back as the OP apparently claimed they couldn’t refund because eBay had suspended them. If this is indeed the case, then this could potentially be at the root of the OP’s problem.

That was no quite the case and a different transaction anyway! This one the buyer paid and recived there goods

[Hay hay]

So I filed against ebay in the small claims court and they requested more time to respond, they now have until the 24th of October to respond

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/

I sent them this request by recorded delivery as well! the letter states they have 30 days to respond, well time is up now they have had there 30 days and they did not respond. What should I do next?

[Hay hay]

I sent them this request by recorded delivery as well! the letter states they have 30 days to respond, well time is up now they have had there 30 days and they did not respond. What should I do next?

As stated in the letter

It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

[echat11]

As stated in the letter

It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you contact the ICO, yes 30 days, but before you can complain to them, they will ask you to send up a follow up letter giving them more time.

[Hay hay]

If you contact the ICO, yes 30 days, but before you can complain to them, they will ask you to send up a follow up letter giving them more time.

ICO; who are they?

Do you know if breach of this is a statutory offence or not?

[echat11]

ICO; who are they?

Do you know if breach of this is a statutory offence or not?

Information Commissioners Office, they have a chat facility, The Data Protection Act 2018. https://ico.org.uk/

[Hay hay]

Information Commissioners Office, they have a chat facility, The Data Protection Act 2018. https://ico.org.uk/

I do not see a live chat from the the link you gave me

But I honestly think I am wasting my time going down this route (as they tend to run some kind of little club for them selfs)
Can I take this matter up in the small claims or magistates court?

[echat11]

I do not see a live chat from the the link you gave me

But I honestly think I am wasting my time going down this route (as they tend to run some kind of little club for them selfs)
Can I take this matter up in the small claims or magistates court?

Definitely not the Magistrates Court

https://ico.org.uk/global/contact-us/live-chat

[anyman]

Definitely not the Magistrates Court

So we cant see a way of prosecuting them for this