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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:
YouHaveNoAuthorityHereJackie · 30/12/2021 20:07

As far as ebay are concerned, they won’t get involved as as far as they’re concerned the matter is closed, you presumably opened a case which was closed as soon as the refund was given. The fact it was the wrong amount is not something that they can get involved in. But YOU know that you’re in the wrong. And the seller can and presumably will pursue you by other means. Based on what you’ve said, I hope you don’t sleep well til this is resolved. I doubt they will. I can’t see how you think this is a scam?

gamerchick · 30/12/2021 20:09

@YouHaveNoAuthorityHereJackie

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.

Yeah that's pretty shocking OP. Somebody is a scammer and it's not the seller. Give her her money back Hmm
RevolvingPivot · 30/12/2021 20:09

I state that I combine postage on eBay. Most buyers buy several lots from me and pay postage on every item. I then issue a refund towards postage. I don't have too as they willingly paid and I doubt eBay would do anything. I just do it to be fair.

Babyvenusplant · 30/12/2021 20:10

How much did you both agree originally as a partial refund?
If it wasn't £360 then obviously you need to send back the correct amount.

Whinge · 30/12/2021 20:10

@VioletPetals

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.
Is this correct OP? Shock If so you should be ashamed of yourself for not returning the the money that was sent in error.
liveforsummer · 30/12/2021 20:10

@gamerchick

Why are you avoiding the questions of how much she refunded you?
She was refunded £360 for a £400 phone due to cosmetic reasons. Clearly a big mistake. And no eBay won't get involved as the transaction is done with and they've no longer for responsibility. Doesn't mean it's right to keep the money though. You know fine that phone is worth more that £40
Russell19 · 30/12/2021 20:12

So did you pay £400 or are you saying it would have been worth £400 new?
You need to tell us the amounts really....

Original poster
Hogu · 30/12/2021 20:13

I've sent her the money back just now, it's clear everyone thinks it's genuine so it's partly put my mind at rest. I've sent it via my credit card so hopefully I'll be covered if it's not genuine.

OP posts:
StarryNightSky26 · 30/12/2021 20:13

Yes...why are you avoiding the questions op?

Is it because in messages they offered a token reduction then sent you £360 - a clear error?

If so I hope you enjoy spending it because karma will cost you a lot more.

In case you haven't had any experience with small claims before - if it goes in sellers favour you'll not only have to pay the sum in the claim but also the court costs.

If you don't pay that, you'll have bailiffs at your door. Not pissy debt collectors, Court appointed bailiffs who'll empty your house to the value of the debt - which by that point will be the claim, the court costs and the bailiffs fees.

Lovemusic33 · 30/12/2021 20:13

She can take you to small claims. If she stated she would refund you £40 and then accidentally refunded £360 then of course she has a claim, you are in the wrong to not return the money. You agreed to £40 so do the right thing and refund her £320.

RevolvingPivot · 30/12/2021 20:14

How much was she supposed to refund?

Yummypumpkin · 30/12/2021 20:21

Well done, OP. I do understand you were confused but really I don't think this is a scam.

Xfox · 30/12/2021 20:37

Well I suppose the scam could be if the phone was stolen and gets reported and blocked, and the buyer then demands a refund via eBay, eBay would only refund £40 as that is all it would show as paid, while the scammer phone theif disappears into the sunset with the other £320.

But you'd have thought there would be a small time window of opportunity for that to happen between phone being stolen and blocked, so much more likely a genuine error!

VioletPetals · 30/12/2021 21:18

@Hogu

I've sent her the money back just now, it's clear everyone thinks it's genuine so it's partly put my mind at rest. I've sent it via my credit card so hopefully I'll be covered if it's not genuine.
Well done @Hogu, You’ve definitely done the right thing.

I know it can be worrying when these things seem scammy,
And it’s definitely tempting to keep money like that,
But you don’t know the seller or the situation so you’ve done the right thing.

I hope you are happy with the phone at the discounted price.

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