Can an ebay seller be taken to a small claims court?

I bought a gold ring off ebay and the sellers description was economical with the truth. With no offer of refund from the seller I have started a claim through PayPal.

If PayPal fail to refund me can I take the seller to a small claims court?

11 Comments

If the item isn't as stated then yes.. if they were just vague it probably wouldn't be successful.
What value item is it? very often not worth the bother/time (a court case can easily take 6months plus).
That said just filing alot of people will settle out of court.

Best option might to be to carry on with paypal; did the purchase qualify for buyer protection?

Original Poster

With postage the ring cost about £105. There is no PayPal protection on the sellers account. I was being nagged to buy it by the other half.

I understand some of the workings of a small claims court and don't mind waiting months if necessary.

The ring was described as a size S when infact it's a poorly stretched Q or R that sits in the middle between R and S.

The weight was described as 6.5g when in fact it's only 5.3g

Lastly it's out of shape with being stretched, this was not put in the description.

If you funded the Paypal payment with a Credit Card, contact your Credit Card provider first.

Certainly not as described.. but can you prove seller sent that way?
£30 for up to £300.
No trial fee in SCC.
Another £35 to get an execution of warrant for the money to be recovered if you win and he just ignores orders; over half never see their compensation.


so £65 + legal fees (Circa £400 an hour and you won't know what you owe till the end).. No costs likely to be awarded in Small Claims Court.

See;
hmcourts-service.gov.uk/inf…htm


= you'll almost certainly lose money.



Might be better off speaking to credit card company.

Original Poster

Dropped another clanger there by paying with some funds still remaining in my PayPal account and making the difference up from my debit card.

Paypal dispute really the only way forward then. Or threaten court action against the seller- might offer a refund/replacement.
Does the seller have a good rep? the possibility of a -1 often helps speed up useless sellers.

Original Poster

The seller is getting a -1 whatever the outcome. Sure I'll receive a -1 back but people need to be informed of dishonesty. Thankfully I can afford to write this one off and sell 5.3g of 22k scrap gold.

The seller's rating is good and any negs are old. A leopard never changes its spots it seems.

Leave it till last minute (ie right at time limit) and hopefully by time he goes to respond time will have elapsed for transaction and he wont be able to neg you at all.

Original Poster

I did think about that but when do the 90 days start? Is it exactly when the auction finishes?

I think so.. Dino would be better placed to tell you though. Might be worth pm'ing him to check (if his inbox isnt full lol!)

i BELIEVE (this may not be correct) when i had some bother with a car, the only was you can "do" someone in the smalls claim court is if the title or description is wrong - that came from Trading Standards
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