Serving legal notices on ebay

[Hay hay]

The time is up for ebay now and as quoted from my online money claims

The defendant has not responded to your claim. You can request a County Court Judgment against them

I have tried to issue a CCJ against them but the system is showing an error, please see attachments

There is a contact us for help option

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Contact us for help
Email

contactocmc@justice.gov.uk
Telephone

0300 123 7050 Monday to Friday, 8.30am to 5pm. Find out about call charges (opens in a new window)
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I sent them an email and have had no automated responce or reply since I sent it yesterday and the phone number is all automated


I get the impression that no one monitors the above email address or phone line
So I need some other way of contacting the courts

[Hay hay]

it turns out Ebay the defendant filed there defence very late and it never got updated properly by "money claims online"
Anyway hear is there defence

1. The Defendant pleads to the Claim Form and the Particulars of Claim therein only.
2. The lack of a coherent or properly particularised claim makes it difficult for the
Defendant to set out its Defence in accordance with Civil Procedure Rule (CPR)
Part 16.5.
3.
Pending any further particularisation of the claim and evidence of the losses
claimed the Defendant is not in a position to fully particularise its Defence. The
Defendant reserves the right to amend its Defence in light of further particularisation
or evidence of the losses claimed. It is the Defendant’s position that the claim
neither complies with CPR Part 16, nor the Practice Direction thereto.
4.
For the avoidance of doubt, the Claimant's claim is denied in its entirety. The
Claimant is put to strict proof as to the said allegations.
CONTRACTUAL POSITION
5.
eBay (UK) Limited (the Defendant), is a company incorporated in the United
Kingdom. This company operates an online auction-style and shopping website to
which the Claimant is referring, located at www.ebay.co.uk (eBay Website).
6.
The eBay Website allows registered users to offer, sell and buy many types of
goods and services worldwide. Users, upon registering a valid email address with
the eBay Website, accept the eBay User Agreement (eBay User Agreement). The
eBay User Agreement forms the terms on which both buyers and sellers may
operate on the eBay Website. The eBay User Agreement is attached at Annex 1.
7.
In accordance with the "About eBay" section of the eBay User Agreement, it states
that
AC_176140018_1
1Claim No: 330MC603
"eBay does not have possession of anything listed or sold through eBay, and is not
involved in the actual transaction between buyers and sellers. The contract for the
sale is directly between buyer and seller. eBay is not a traditional auctioneer.
While we may provide pricing, postage, listing and other guidance in our Services,
such guidance is solely informational and you may decide to follow it or not. eBay
does not review users' listings or content. While we may help facilitate the resolution
of disputes through various programmes, eBay has no control over, and does not
guarantee the existence, quality, safety or legality of, items advertised; the truth or
accuracy of users' content, listings or feedback; the ability of sellers to sell items;
the ability of buyers to pay for items; or that a buyer or seller will actually complete
a transaction or return an item."
8.
Under the eBay User Agreement, specifically clause 4 entitled "Abusing eBay", it
states
8.1
"Without limiting other remedies, we may limit, suspend, or terminate your user
account(s) and access to our Services, restrict or prohibit access to, and your
activities on, our Services, cancel bids, remove or demote or otherwise restrict the
visibility of listings, delay or remove hosted content, remove any special status
associated with the account, reduce or eliminate any discounts, and take
technical and legal steps to keep you from using our Services if:
8.1.1
we think that you are creating problems or possible legal liabilities for
us, our users, suppliers or other third parties;
8.1.2
we think that such restrictions will improve the security of the eBay
community or reduce our or another eBay user's exposure to financial
liabilities;
8.1.3 we think that you are infringing the rights of third parties;
8.1.4 we think that you are acting inconsistently with the letter or spirit of this
User Agreement or our policies or abuse our employees or users;
8.1.5
despite our reasonable endeavours, we are unable to verify or
authenticate any information you provide to us; or
8.1.6
you fail to make, or it is evident that you are unable to make, full
payment of any fees due for our Services by your payment due date.
9.
Further, within the "eBay Money Back Guarantee" section of the eBay User
Agreement, it states:
AC_176140018_1
2Claim No: 330MC603
9.1
"Most eBay sales go smoothly, but if there's a problem with a purchase, the eBay
Money Back Guarantee helps buyers and sellers communicate and resolve
issues. The eBay Money Back Guarantee policy is part of this User Agreement
and is incorporated by reference. You agree to comply with the policy and permit
us to make a final decision on any case."
10. In the "Managed Payments" section of the eBay User Agreement, it states
10.1 "eBay is launching a new managed payments service, where a designated eBay
entity (each, a "payments entity") manages payments on behalf of sellers (such
management described as "managed payments" or similar). eBay anticipates
moving seller accounts to managed payments in phases starting in late July 2020,
providing notice to the affected sellers.
10.2
The complete terms governing sellers' use of managed payments are available in
the Payments Terms of Use, incorporated herein. You agree to the Payments
Terms of Use to the extent applicable to you, whether or not your account has
been enabled for managed payments.
10.3
The contract for sale underlying the purchase of goods is directly concluded
between seller and the buyer in the same manner as for transactions for which
the payments entity does not manage payments." The Payments Terms of Use
incorporates the terms of Managed Payments (Payments Terms of Use) and is
attached at Annex 2.
Payments Terms of Use
11.
In accordance with the "Introduction" section of the Payments Terms of Use, it
states that "These Payments Terms of Use may be applicable to you whether or
not your account has been successfully enabled for Managed Payments".
12.
Furthermore, in the "Sellers Onboarding" section of the Payments Terms of Use, it
states:
12.1
"In order to use our services, you must register and accept these Payments
Terms of Use. If you reside in the European Economic Area, the United Kingdom,
or Switzerland, your submission of the online application constitutes your offer to
conclude this agreement."
12.2
"We reserve the right to close, suspend, or limit your account or rescind your
access to Managed Payments (in which case your account may be reverted to its
original state without Managed Payments or, if this reversion is not possible, your
ability to sell on eBay may be limited, suspended or terminated) in the event we
AC_176140018_1
3Claim No: 330MC603
are unable to obtain or verify any of this information. We are not responsible for
any losses suffered by you as a result of incomplete or inaccurate information you
provide."
12.3
"To set up and use your account for Managed Payments, you must:
12.3.1
Link a financial account, so you may receive settlements of proceeds
from Managed Payments to this account (“Linked Financial Account”). If
you reside in the United States, Canada, or Australia, your Linked
Financial Account must be a bank account based in your country of
residence. If you reside in the United Kingdom, Switzerland, or a
country within the European Economic Area (“EEA”), you may provide
a bank account located in any EEA member state as your Linked
Financial Account. If you reside in New Zealand or any other Additional
Country, we may require you to create and link an account with a
specific bank or a non-bank third-party financial institution as we may
direct. If we cannot make direct debits from your Linked Financial
Account for Owed Amounts (as defined in Section 9), we require you to
keep another payment method on file with us.";
12.3.2
Provide us with all information which we may require for purposes that
include: verifying your identity, complying with applicable anti-money
laundering and sanctions screening obligations, allowing us to manage
settlements of your transaction proceeds, and assessing fraud and risk.
If you are an individual, this information may include, without limitation,
your full name, address, phone number, date of birth, taxpayer
identification number, bank account information, and a form of
government-issued identification (e.g., a copy of your identity card or
driver’s license). If you are a business, this information may include,
without limitation, your full business name, address, phone number,
entity type, bank account information, tax identification number, and
business number, in addition to details regarding your beneficial
owner(s), director(s), officer(s), authorized representative, and/or
primary contact, such as name, contact information, nationality, title,
and government-issued identification (such as a United States Social
Security Number). You understand that we will be unable to settle your
proceeds or issue you any tax documents (such as a United States
Internal Revenue Service Form 1099-K) if you do not provide or
appropriately update us with accurate contact information and other
requested data";
AC_176140018_1
4Claim No: 330MC603
12.3.3
"You authorize us and our Affiliates to check information you provide to
us, including by verifying the existence of your bank account and
obtaining reports from, or comparing your information to, third-party
sources. Such third-party sources may include without limitation, banks,
credit agencies, data brokers, and other service providers. We reserve
the right to close, suspend, or limit your account or rescind your access
to Managed Payments (in which case your account may be reverted to
its original state without Managed Payments or, if this reversion is not
possible, your ability to sell on eBay may be limited, suspended or
terminated) in the event we are unable to obtain or verify any of this
information. We are not responsible for any losses suffered by you as a
result of incomplete or inaccurate information you provide.".
DISPOSAL OF THE CLAIM
13.
The Defendant submits that the Claimant's claim should be struck out for the
following reason:
13.1
The Claimant has failed to provide coherent or properly particularised Particulars
of Claim in accordance with CPR Part 16.4. Therefore, the Court should strike out
the Claimant's claim under CPR 3.4(2)(a) and/or CPR 3.4(2)(c). Paragraph 2 of
the Defence is repeated.
13.2
In the alternative, as a protective measure and without prejudice to the
Defendant's position, the Defendant will endeavour to particularise its Defence
with reference to the Claim Form, such as it is.
BACKGROUND
14.
On 6 February 2019 the Claimant registered a private account with the User Id
"accountsand66" and email address "accountsandapplications@yahoo.com"
(Account)
15.
On 23 July 2022 the Claimant listed Item number "225086963002" (Item) on a 7
day auction format with a starting price of £0.99p
16.
On 24 July 2022 the Defendant placed a temporary selling restriction on the
Account due to an increase in buyer claims.
17.
On 30 July 2022 Item number "225086963002" auction ended with a winning bid
of £540.00 from another eBay user with the Id "bexi0411" (Buyer). The Claimant
reached out to the Buyer via the Defendant's messaging system.
AC_176140018_1
5Claim No: 330MC603
18.
On 2 August 2022 the Claimant marked the Item as dispatched in the Defendant's
seller hub and uploaded tracking number "P2G105639935C".
19.
On the same day, further restrictions were placed on the
Account by the
Defendant's compliance team. An automated email notification was sent to the
Claimant requesting further verification documents. A copy of the automated emails
sent to the Claimant are attached at Annex 3.
IN RESPONSE TO THE CLAIMANT'S PLEADINGS
20.
The below references to paragraph numbering are, unless the context indicates
otherwise references to the paragraph numbering within the Claimant's Particulars
of Claim. The Defendant submits paragraphs 20 to 27 of this Defence as their
version of events in respect of the "Reason for Claim" section provided within the
Claimant's claim form.
21.
Paragraph 3.1 is admitted in that the Claimant sold an Item on the Defendant's
website, the outstanding funds have been held in line with the Defendant's Abusing
eBay policy. Paragraph 8 is repeated.
22. Paragraph 3.2 is admitted, paragraphs 14 and 15 are repeated.
23. Paragraph 3.3 is admitted in that the Item was sold for £540.00 plus £35 for
delivery, paragraph 17 is repeated.. It is further admitted that the £73.90 deduction
of seller fees bought the total sum to £510.10. It is denied that the funds from the
sale of the Item were available to the Defendant from the 6 August 2022. The
Defendant adds that on 2 August 2022 restrictions were placed on the Claimant's
account due to verification issues, paragraph 19 is repeated. The Claimant is
therefore put to strict proof because of this.
24. In respect to paragraphs 3.4- 3.8 the Defendant will say as follows:
24.1 It is neither admitted nor denied as to whether the Claimant issued a letter before
action as this is outside of the Defendant's knowledge. However, the Defendant
has no knowledge of receiving this letter.
24.2
The contents of the letter can therefore be neither admitted nor denied. The
Claimant is held to strict proof that this letter was sent.
25.
Paragraph 3.9 is neither admitted nor denied as it is outside of the Defendant's
knowledge whether a letter was received and signed for on 22 August 2022.
Paragraph 24.1 is repeated. The Claimant is put to strict proof because of this.
AC_176140018_1
6Claim No: 330MC603
26.
It is denied that the Claimant is entitled to the sum of £516.46 or any other sum of
monies from the Defendant.
27.
As to anything pleaded in the Claim Form that is not specifically pleaded to above,
it is denied by the Defendant. The Defendant denies the claim made by the
Claimant in the manner alleged or at all.
WOMBLE BOND DICKINSON (UK) LLP
STATEMENT OF TRUTH
The Defendant believes that the facts stated in this Defence are true.
I am authorised by the Defendant to sign this statement. I understand that proceedings for
contempt of court may be brought against anyone who makes, or causes to be made, a
false statement in a document verified by a statement of truth without an honest belief in
its truth.

[atticus]

Apologies if I have missed this - has the buyer confirmed receipt of the goods?

Also - are there any outstanding claims in respect of other transactions?

[Hay hay]

error post

[Hay hay]

Apologies if I have missed this - has the buyer confirmed receipt of the goods?

Also - are there any outstanding claims in respect of other transactions?

Hi again

The buyer has not confirmed receipt of goods in the form of verbal or written instructions, However the buyer has signed for the parcel and I have proof of postage for this

To the best of my knowlage I own ebay nothing and ebay owe me nothing ells either, so the answer is no!

[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.

A bit of good new about this one has come though, very surprised that they have written back in such short time or even at all. Any way hear are the highlights from the letter attached

You have written to us because you are concerned with the way your personal data has been handled. Specifically, you made a subject access request to Ebay (UK) Limited on 5 September 2022 but you believe you have not been provided with all of the information you are entitled to in a timely manner.


We have considered the information available in relation to this complaint and we are of the view that Ebay (UK) Limited have not complied with their Data Protection obligations. This is because you did not receive an appropriate response to your subject access request. We consider this to be an infringement of the legislation.

Under the General Data Protection Regulations (GDPR), information must be provided without delay and at least within one calendar month (commencing on the day after receipt). This may be extended by a further two calendar months from the day after receipt for complex or numerous requests.

We have written to Ebay (UK) Limited about their information rights practices. We have told them they should now review your subject access request and ensure that they provide you with the appropriate response as soon as possible or within 14 calendar days.

Should Ebay (UK) Limited not provide you with the personal data to which you are entitled, you have the right to approach the courts for an order for your data to be released.

We will not be taking further action on this case at this time

Information Commissioner’s Office

[wales01man]

A bit of good new about this one has come though, very surprised that they have written back in such short time or even at all. Any way hear are the highlights from the letter attached

You have written to us because you are concerned with the way your personal data has been handled. Specifically, you made a subject access request to Ebay (UK) Limited on 5 September 2022 but you believe you have not been provided with all of the information you are entitled to in a timely manner.


We have considered the information available in relation to this complaint and we are of the view that Ebay (UK) Limited have not complied with their Data Protection obligations. This is because you did not receive an appropriate response to your subject access request. We consider this to be an infringement of the legislation.

Under the General Data Protection Regulations (GDPR), information must be provided without delay and at least within one calendar month (commencing on the day after receipt). This may be extended by a further two calendar months from the day after receipt for complex or numerous requests.

We have written to Ebay (UK) Limited about their information rights practices. We have told them they should now review your subject access request and ensure that they provide you with the appropriate response as soon as possible or within 14 calendar days.

Should Ebay (UK) Limited not provide you with the personal data to which you are entitled, you have the right to approach the courts for an order for your data to be released.

We will not be taking further action on this case at this time

Information Commissioner’s Office

Brushed aside by ICO Methinks go to court they say how much will that cost the OP?