Claim for non-delivery against eBay trader

[BankFodder]

Is the seller a private seller or an eBay trader and do you know the address?

To check whether they are a private seller or an eBay trader – disregard eBay's own information as to whether the person is registered as a trader. Instead look at their feedback and to see whether they tend to be selling or buying. Look at their other items. If they are selling other items, they simply just a few items which are clearly being got rid of from somebody's garage or are there are a range of items which make it clear that they are in it for business.
For instance, some people sell shoes as private traders but when you look at their other items, you see that they sell many pairs of shoes, all different sizes – and it is clear that they are in business.


 

[BankFodder]

Under the consumer rights act, a trader is obliged to deliver the items to the consumer.

You would also normally be covered by the distance selling regulations – although they are not appropriate here because you would not be able to return the goods and of course the whole issue turns around whether or not you have received them.

You can sue the seller or you can sue the courier. It's up to you.

If you have the address the trader then I would suggest that you check up on Google to see what kind of address it is. Is it a real address or simply registered address.

Let us know which you want to do.

Let us know if you have any questions
 

[BankFodder]

It's not a question of fault. It's a question of liability.

They are both liable – and it's up to you who you want to choose to attack in order to get your money back.
I would expect that yodel will take you all the way to mediation and then settle there after they have tried to knock off a few quid.

The trader might well put his hands up very early on – partly because he has very little experience in litigation – and partly because he can't be bothered and at the end of the day he can make his own claim against yodel if he wants/if he can be bothered

[BankFodder]

Is the registered address a residential address?

What has the trader said about it? Have you got any messages that the trader sent?

[BankFodder]

A lot of people complaining about non-delivery from these people

click+superstore+reviews - Google Search

WWW.GOOGLE.COM

do be aware – if this seller does not put their hands up and you have to get a judgement at court, we don't know how easy it would be to enforce judgement – whereas yodel will probably pay out immediately.

Also, are you purchasing by way of a business?

[BankFodder]

Okay. If it goes to the directions questionnaire then you would have to be very clear that you want the matter transferred to your local court because although you are the claimant, the items purchased for your personal use and it is a consumer purchase – not a trading purchase.
Your name is likely to cause confusion.
As you appear to have bought the item under your company name, is there anything which shows that in fact it was a personal consumer purchase.

What account was used in order to pay for the item?

[BankFodder]

Okay, I suggest that all correspondence now is in your own name. Frankly I suggest that you start a second eBay account in your own name as it will make things much easier you have to deal with this kind of thing again.
Probably the best thing to do is to write a letter – not too aggressive – point out that it's his responsibility to have the delivery completed. Include copies of all the evidence you have.
Don't give a deadline but if he hasn't responded court if he hasn't responded positively within about five days then send a letter of claim. Draft letter of claim and post it here.

Point out in your initial complaint that he contracted directly with yodel and so he is in a position to make a complaint and to be reimbursed. I expect that he doesn't know about third-party rights

[BankFodder]

On the face of it it looks as if he is taking it seriously and being extremely cooperative. However, it is clear from the message that he accepts that it's not delivered.

Maybe you should taken at face value and tell them to come to this forum and start a claim with our help.

Tell them that we are completely free – blah blah blah.

Suggest to him that if he is a trader that the probably has this problem with yodel and also with EVRi so you might as well come here and learn the ropes.

Maybe on that basis he will refund you

[BankFodder]

Okay. I understand that you are going to claim against the trader.

Draft a letter of claim and post it here.

Once you have sent off the letter of claim, start preparing your claim form and post the particulars here before you click them off on day 15.

[BankFodder]

A letter of claim has to give a timescale and a deadline after which you will begin a legal action if your conditions are not met

[BankFodder]

Why 28 days?

[BankFodder]

I think you should pause and start reading up on the steps involved taking a small claim in the county court.

You clearly are unsure of the process and although we are here to help you, this is self help and you need to understand the steps so that you have confidence in what you do.

Start reading up and in particular start finding out about letter of claim and then particulars of claim.

It is best not to proceed until you have done at least this minimum work

[BankFodder]

Sorry but I don't understand why you are giving them 30 days. You only have to given 14 days. Why do you want to be so generous and give them extra time when it went make any difference anyway.

Secondly, you "anticipate" that you will bring an action. That hardly sounds very certain. Effectively means that you will "probably" bring a legal action

[BankFodder]

Okay. Send it.

I'm rather worried because it is clear that you haven't done the reading that you need to do in order to be confident about the process and to give yourself the best chance of winning.

If you don't have the time – then you need to find time.

Whatever the situation, you are making very basic errors especially given the fact that you have been on this forum on and off since 2006.

Once you sent the letter of claim you are committed to the 14 day deadline and on day 15 you will click of the claim.

Do the reading and start preparing.

[BankFodder]

No surprises. Click off the claim tomorrow

or the day after

[BankFodder]

I thought it had been lost?

[BankFodder]

Did you eventually receive it?

[BankFodder]

Well by saying that they failed to deliver within a reasonable time is not at all the same as saying that it was not delivered to you at all.
It suggests very strongly that eventually was delivered to you or that you did receive it.

Don't be coy. Say that it was an eBay trader which sold you an XXX item for £XXX and failed to deliver it.
Is there anything inaccurate about that?

[BankFodder]

Yes some kind of reference number would be used for. A tracking number or a purchase reference number.

[BankFodder]

If that is just the brief summary and not the full particulars then that is probably ok