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Original poster

Can a seller on eBay take me to court?

39 replies

Hogu · 30/12/2021 19:24

I bought a phone on eBay but when it arrived it wasn't in the condition the seller advertised.

She offered me a partial discount to keep the phone so I accepted but now she's saying she refunded me too much and that in need to pay the refund back. She's told me she's going to a small claims court to get her money back.
EBay has told me to ignore her messages but it's worrying me with her threats.
Can she sue me??

OP posts:
Yummypumpkin · 30/12/2021 19:26

It costs money to lodge a small.claim. around £75.

She won't do it. She is obviously broke.

MaryAndHerNet · 30/12/2021 19:30

Short answer.
Yes

It'll cost her £40 to file a money claim.of the value is low, I think below £5k

Anyone can file a case against anyone for anything. Whether she'll winnis a different matter.
Refuse to pay her back, point her in the direction of money claim online, let her file.
They'll contact you for your side of the story, let them know you've tried to mediate, send evidence like screen shots, photos of phones etc. then they'll decide and that's that...

It's not stressful, you're unlikely to even need to go to a court room, just email, phone or mail to send your evidence.

MaryAndHerNet · 30/12/2021 19:33

And I just looked it up and apparently it seems to have changed since I went through it..

So here's the link.

www.gov.uk/make-court-claim-for-money

StarryNightSky26 · 30/12/2021 19:34

Anyone can take anyone to small claims court. Whether she'd be successful depends on the specifics.

If you agreed on a £40 discount, the seller refunded £40 then had a change of heart - unlikely. Just ignore them.

If you agreed on £40, seller transferred £400 clearly in error and you're trying to keep the excess - yes you might be in trouble. Especially if the seller reports it to your bank as it could well trigger an internal review and all kinds of problems with your accounts - a small claims case would be the least of your worries.

eagerlywaitingfor · 30/12/2021 19:35

You can't take someone to court because you changed your mind about a refund after you've paid it.

Yummypumpkin · 30/12/2021 19:36

@eagerlywaitingfor

You can't take someone to court because you changed your mind about a refund after you've paid it.
She can. But she won't win.
Authenticcelestialmusic · 30/12/2021 19:38

What discount did she offer? What amount did she transfer back to you (was it exactly the same amount as the discount she offered?)

YouHaveNoAuthorityHereJackie · 30/12/2021 19:40

Op I remember your previous thread where you were worried you were being scammed. You’re not. It sounds like the poor seller has made a genuine mistake and is now trying to get you to do the right thing. Just send the money back. Can you really live with yourself knowing you’ve been sent so much money in error? She’ll be able to prove the refund amount you agreed via the ebay messages and that the 400 was obviously a slip of the hand. Do the right thing. Can you honestly not see how you’d feel in their shoes? I’d go via small claims in their position too, and based on what you’ve said, they’ll win. Totally not worth the hassle on your part. Just send the money back.

Yummypumpkin · 30/12/2021 19:44

Oh!!! Great detective work.

OP this not only entirely changes my virw but the likelihood she will file and win her claim and you will have to pay not only the money claimed but costs.

givemepiece · 30/12/2021 19:47

How much did you originally pay and how much did she refund you?

liveforsummer · 30/12/2021 19:49

@YouHaveNoAuthorityHereJackie

Op I remember your previous thread where you were worried you were being scammed. You’re not. It sounds like the poor seller has made a genuine mistake and is now trying to get you to do the right thing. Just send the money back. Can you really live with yourself knowing you’ve been sent so much money in error? She’ll be able to prove the refund amount you agreed via the ebay messages and that the 400 was obviously a slip of the hand. Do the right thing. Can you honestly not see how you’d feel in their shoes? I’d go via small claims in their position too, and based on what you’ve said, they’ll win. Totally not worth the hassle on your part. Just send the money back.
So is that actually what happy as the post from @StarryNightSky26 with those figures sounded hypothetical
StealingYourWiFi · 30/12/2021 19:51

Looking at your previous post you’re definitely in the wrong and deserve to be taken to court

YouHaveNoAuthorityHereJackie · 30/12/2021 19:55

www.mumsnet.com/Talk/_chat/4434359-is-this-an-ebay-scam

Previous thread. As well as one where you’re asking for advice about your new phone. Op I’m judging the hell out of you. I sell on eBay and honestly it would be so so easy to make this mistake when issuing a refund, especially using a phone as most people do, the buttons are small and the ‘send’ button is so easy to mistakenly press. Do the right thing and stop acting like there’s any way you’re not ok with being a thief. The seller could really need that money. And even if they don’t, it’s not yours to keep.

bcc89 · 30/12/2021 19:57

No. EBay told you to ignore her messages. Ignore her, unless you receive a letter from a court.

Original poster
Hogu · 30/12/2021 20:00

This is why I'm so worried, everyone I've asked tells me it's a scam but then if it is genuine then obviously I want to sort it out. I've issued refunds and never issued them wrong before, it asks you to confirm the amount a couple of times so how can you get it wrong.

OP posts:
RevolvingPivot · 30/12/2021 20:00

I don't understand. Is it as @StarryNightSky26 said they meant to refund £40 but gave you £400?

I think it depends on...

How much you paid.
How much did they agree to refund.
How much they actually refunded.

Original poster
Hogu · 30/12/2021 20:00

EBay have told me to ignore her messages, I've asked them twice for their advice and they keep saying to ignore !

OP posts:
liveforsummer · 30/12/2021 20:01

So they refunded £360 of a £400 working phone. Of course it was a mistake! How much are they asking for back?

RevolvingPivot · 30/12/2021 20:01

Oh cross posted with lots of you. Took me ages to type.

liveforsummer · 30/12/2021 20:02

How I have did they state they were going to refund? And how can it be a scam if you still leave yourself with a refund amount you are happy is fair for the phone condition?

Tiredmumno1 · 30/12/2021 20:02

I think you need to answer the questions that @RevolvingPivot has asked before anyone can advise any further.

Memyselfandfood · 30/12/2021 20:04

How much did she say would be your partial refund?
If you know the sellers made a mistake then you’re being a scammer and yes they can take you to court.

VioletPetals · 30/12/2021 20:04

The seller accidentally sent you a refund of £360,
You knew straight away it was incorrect and keeping it would be theft.
She is right to take you to court and she will win as it is not the refund you agreed to.

StarryNightSky26 · 30/12/2021 20:06

Sorry to cause any confusion, my figures were entirely hypothetical! Hadn't seen the other thread.

Op how much did the seller say they would refund? How much did they actually refund?

gamerchick · 30/12/2021 20:07

Why are you avoiding the questions of how much she refunded you?

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