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    Ebay buyer threatening court action if he doesn't win paypal dispute

    Hi, I sold a repaired xbox 360 on ebay at the end of october and a month or so later he sent me a email telling me that he's only just got around to turning it on and after an hour the console developed the rrod fault. I refused the refund and told him that if he told me about the fault when he first received it i would of given him a refund. He opened a paypal dispute and is now threatening to go to a small claims court if he doesn't win. Can he do this? Please help. Oh yeh he said he was a solicitor and started spouting all this stuff about consumer rights. Thanks for any help.

    59 Comments

    Banned

    Ignore him

    or tell him your Dad is bigger than his Dad



    ebay don´t ya just love it

    report the buyer to eBay. any threatening behaviour towards another user (regardless of intention) is not acceptable and they can be suspended for it. At the very least eBay will issue a warning to them.

    If he really was a solicitor he could maybe afford to buy a new XBOX?

    Banned

    lol - like you buy a games console and dont use it for a month!

    just a chancer so just say you are consulting a solicitor too.

    Original Poster

    toshapetriji;7149001

    Ignore himor tell him your Dad is bigger than his Dadebay don´t ya just … Ignore himor tell him your Dad is bigger than his Dadebay don´t ya just love it



    lol :thumbsup:

    StevenA2000_uk;7149011

    report the buyer to eBay. any threatening behaviour towards another user … report the buyer to eBay. any threatening behaviour towards another user (regardless of intention) is not acceptable and they can be suspended for it. At the very least eBay will issue a warning to them.



    Thank you...do you know how i send ebay the email?

    Banned

    Tell him politely to stick his head where the sun doesn't shine.... And ask why you should expect to believe he hasn't played the console 24/7 for the last 6 weeks and bust it himself. The fact he's admitted he's even played it, he hasn't a let to stand on. (I'm asuming you didn't sell it with warrenty?) It's almost woth taunting him that you'd set the console to self destruct if he played the wrong sort of game!

    Original Poster

    morrk;7149019

    If he really was a solicitor he could maybe afford to buy a new XBOX?



    lol...my firend said the same thing.

    csiman;7149022

    lol - like you buy a games console and dont use it for a month!just a … lol - like you buy a games console and dont use it for a month!just a chancer so just say you are consulting a solicitor too.



    he did say it was for his son for christmas but he still should of checked it when he first received it. Thanks :thumbsup:

    morrk;7149019

    If he really was a solicitor he could maybe afford to buy a new XBOX?



    And if he really was a solicitor he would know that consumer law doesn't apply here, unless you are registered on Ebay as a trader.

    Was the original fault also RROD and had the buyer been made aware of this prior to the sale?

    Report him to Ebay and then forget the court action....fair bet it won't happen.

    Banned

    Please leave his contact details I wanna go laugh at him



    just joking mods

    Original Poster

    guv;7149030

    Tell him politely to stick his head where the sun doesn't shine.... And … Tell him politely to stick his head where the sun doesn't shine.... And ask why you should expect to believe he hasn't played the console 24/7 for the last 6 weeks and bust it himself. The fact he's admitted he's even played it, he hasn't a let to stand on. (I'm asuming you didn't sell it with warrenty?) It's almost woth taunting him that you'd set the console to self destruct if he played the wrong sort of game!



    No i didn't offer a warranty...i told him that if the courts decided in his favour how would he get the money because i couldn't afford to pay....he said baliffs would come in to my home and remove goods to that value if not more.....i told him he was sick...lol

    If he can only affrord to buy a repaired Xbox then he must be a rubbish solicitor anyway. I reckon it's a scammer. Tell him to take a funny run :santa:

    Without going into too much detail and knowing something about this subject, this guy doesn't know what he's talking about, he's just putting the frighteners on. Inform ebay of his behavior then ignore him.

    Banned

    Got his email please?


    I have a knackered one he can buy

    Banned

    mackenzie;7149051

    No i didn't offer a warranty...i told him that if the courts decided in … No i didn't offer a warranty...i told him that if the courts decided in his favour how would he get the money because i couldn't afford to pay....he said baliffs would come in to my home and remove goods to that value if not more.....i told him he was sick...lol



    Seriously, there is nothing for you to be concerned about. I'm actually jealous..... I'd love under the circumstances you describe for this to happen to me..... I'd enjoy taking the guy to pieces.

    As others have said:

    Contact ebay and Paypal and inform them that the seller has said goods you supplied in good faith 6 weeks ago have developed a fault and has now made threats to you.

    Inform the buyer that you look forward to your day in court and will be insuing a counter claim for any loss of earnings and all other expenses caused by his actions. Suggest that you are rather surprised that a "Solicitor" wasn't aware how the law on these matters worked, but that you are sure when he represents himself in court, they will inform him.

    Oh.... and wish him a merry Xmas and thank him for his custom. :thumbsup:

    I dont get this, if hes willing to spend hundreds on a solicitor, why not just buy a new xbox, you can get a brand new elite for about £150 now lol. What a fail

    Banned

    Tanchi;7149218

    I dont get this, if hes willing to spend hundreds on a solicitor, why not … I dont get this, if hes willing to spend hundreds on a solicitor, why not just buy a new xbox, you can get a brand new elite for about £150 now lol. What a fail



    He's claiming he IS a solicitor.

    That in itself is a major fail on so many counts. (ie - as you say, why is he buying second hand and also why doesnt he know the laws regarding buing and selling and that he could lose his ebay account for issuing threats!)

    toshapetriji;7149001

    Ignore himor tell him your Dad is bigger than his Dad



    Frankie Boyles version is better.:thumbsup:

    Original Poster

    Krosus;7149038

    And if he really was a solicitor he would know that consumer law doesn't … And if he really was a solicitor he would know that consumer law doesn't apply here, unless you are registered on Ebay as a trader. Was the original fault also RROD and had the buyer been made aware of this prior to the sale?Report him to Ebay and then forget the court action....fair bet it won't happen.



    No i'm not a trader...the original fault was the red ring of death and he was made aware prior to the sale....thanks

    toshapetriji;7149040

    Please leave his contact details I wanna go laugh at himjust joking mods



    lol :thumbsup:

    debbielon;7149067

    If he can only affrord to buy a repaired Xbox then he must be a rubbish … If he can only affrord to buy a repaired Xbox then he must be a rubbish solicitor anyway. I reckon it's a scammer. Tell him to take a funny run :santa:



    Thanks :thumbsup:

    whiteley;7149081

    Without going into too much detail and knowing something about this … Without going into too much detail and knowing something about this subject, this guy doesn't know what he's talking about, he's just putting the frighteners on. Inform ebay of his behavior then ignore him.



    I'm going to report him to ebay later but can he report me as well because i said he was sick

    toshapetriji;7149084

    Got his email please?I have a knackered one he can buy



    lol....i'll pm it to you............only joking :thumbsup:

    guv;7149199

    Seriously, there is nothing for you to be concerned about. I'm actually … Seriously, there is nothing for you to be concerned about. I'm actually jealous..... I'd love under the circumstances you describe for this to happen to me..... I'd enjoy taking the guy to pieces.As others have said:Contact ebay and Paypal and inform them that the seller has said goods you supplied in good faith 6 weeks ago have developed a fault and has now made threats to you.Inform the buyer that you look forward to your day in court and will be insuing a counter claim for any loss of earnings and all other expenses caused by his actions. Suggest that you are rather surprised that a "Solicitor" wasn't aware how the law on these matters worked, but that you are sure when he represents himself in court, they will inform him.Oh.... and wish him a merry Xmas and thank him for his custom. :thumbsup:



    Thank you...i feel so much better with all this support.....I stupidly reacted to one of his emails and called him sick.

    Original Poster

    It's not like i sold it for extortionate amounts of money either. He only paid £44.50 for it delivered. I know thats alot of money to some people but i think he's just trying his luck.

    Banned

    Thank you...i feel so much better with all this support.....I stupidly … Thank you...i feel so much better with all this support.....I stupidly reacted to one of his emails and called him sick.



    but he is sick...

    Delusional anyway

    hahaha dont listen to him, he'll sooon realise the cost if taking someone to court will easy outweigh the cost of the xbox hahaha hes just playing you about to give him the refund. anyone can google consumer right and paste it in a message and send it to anyone. ignore him and concentrate in winning your paypal case

    gud luck

    id tell him its tough, theres so many scammers on ebay now its gone downhill, i think with not being able to charge postage on certain things that gives buyers the oppurtunity to pretend they havent recieved the item as paypal always sides with them and they get the money back, and not being able to leave neg feedback is stupid ive had to buyers recently not pay one said her son bid on COD modern warfare without her knowing, it took her a week to tell me this i just think it was rubbish as she might of got it cheaper somewhere else, then i cannot leave neg feedback to warn people of my experience with the buyer

    Banned

    I wouldn't be worried about court, as you are a private seller and he will more than likely win a paypal dispute anyhow making it a moot point.

    If it's under 45 days and it's developed a fault, guessing it is as he opened a dispute, RROD is after all a manufacturing fault he will win a snad, it's not as if he has smashed it here, it's developed a well known MANUFACTURING fault and pp cover claims/purchases for 45 days.

    EDIT

    How is the buyer a scammer here, yeah sure if the item was bust, the case smashed, the disk tray missing or whatever, then yes, but a manufacturing fault is plausible and not his fault pp cover this for 45 days, hardly his fault.

    On the other handwhen pp rule and he returns the console check it's yours you get back and if not appeal.

    tinkerbell28;7149449

    I wouldn't be worried about court, as you are a private seller and he … I wouldn't be worried about court, as you are a private seller and he will more than likely win a paypal dispute anyhow making it a moot point.If it's under 45 days and it's developed a fault, guessing it is as he opened a dispute, RROD is after all a manufacturing fault he will win a snad, it's not as if he has smashed it here, it's developed a well known MAUFACTURING fault and pp cover claims/purchases for 45 days.



    ENSURE you update the pay pal dispute with your versions of events ASAP. The worst case, is that PAYPAL will decide in his favour, even then, he has to return the item to you before he gets a refund.

    I would just advise that it was sold as seen, (as long as you put that on your advert.) and no returns accepted.

    Banned

    RickT;7149475

    ENSURE you update the pay pal dispute with your versions of events ASAP. … ENSURE you update the pay pal dispute with your versions of events ASAP. The worst case, is that PAYPAL will decide in his favour, even then, he has to return the item to you before he gets a refund.I would just advise that it was sold as seen, (as long as you put that on your advert.) and no returns accepted.



    If the rrod was not listed as the fault and it's developed that he will win a SNAD, paypal offer cover up to 45 days, thems the breaks I am afraid, so pp will 99% decide in his favour, not a lot you can do, if it develops a fault in 45 days of purchase it's a snad.

    You need to check op tho it's you console you get back:thumbsup:

    Banned

    tinkerbell28;7149496

    If the rrod was not listed as the fault and it's developed that he will … If the rrod was not listed as the fault and it's developed that he will win a SNAD, paypal offer cover up to 45 days, thems the breaks I am afraid, so pp will 99% decide in his favour, not a lot you can do, if it develops a fault in 45 days of purchase it's a snad.You need to check op tho it's you console you get back:thumbsup:


    in that cae, the OP should check the exact date of purchase and try to delay any further action until 45 days have elapsed :thumbsup:

    Original Poster

    toshapetriji;7149303

    but he is sick...Delusional anyway



    lol...i agree :thumbsup:

    gabriel2k7;7149331

    hahaha dont listen to him, he'll sooon realise the cost if taking someone … hahaha dont listen to him, he'll sooon realise the cost if taking someone to court will easy outweigh the cost of the xbox hahaha hes just playing you about to give him the refund. anyone can google consumer right and paste it in a message and send it to anyone. ignore him and concentrate in winning your paypal case gud luck



    Thank you....i hope i win

    pink-ka;7149336

    id tell him its tough, theres so many scammers on ebay now its gone … id tell him its tough, theres so many scammers on ebay now its gone downhill, i think with not being able to charge postage on certain things that gives buyers the oppurtunity to pretend they havent recieved the item as paypal always sides with them and they get the money back, and not being able to leave neg feedback is stupid ive had to buyers recently not pay one said her son bid on COD modern warfare without her knowing, it took her a week to tell me this i just think it was rubbish as she might of got it cheaper somewhere else, then i cannot leave neg feedback to warn people of my experience with the buyer



    It has gone downhill....i've had a few buyers not pay as well....one of them did actually get kicked off of ebay which makes a nice change.

    tinkerbell28;7149449

    I wouldn't be worried about court, as you are a private seller and he … I wouldn't be worried about court, as you are a private seller and he will more than likely win a paypal dispute anyhow making it a moot point.If it's under 45 days and it's developed a fault, guessing it is as he opened a dispute, RROD is after all a manufacturing fault he will win a snad, it's not as if he has smashed it here, it's developed a well known MAUFACTURING fault and pp cover claims/purchases for 45 days.How is the buyer a scammer here, yeah sure if the item was bust, the case smashed, the disk tray missing or whatever, then yes, but a manufacturing fault is plausible and not his fault pp cover this for 45 days, hardly his fault.On the other handwhen pp rule and he returns the console check it's yours you get back and if not appeal.



    Thank you....i've kept the serial number.

    RickT;7149475

    ENSURE you update the pay pal dispute with your versions of events ASAP. … ENSURE you update the pay pal dispute with your versions of events ASAP. The worst case, is that PAYPAL will decide in his favour, even then, he has to return the item to you before he gets a refund.I would just advise that it was sold as seen, (as long as you put that on your advert.) and no returns accepted.



    Thank you....yeh i did put that it was repaired from the rrod and no returns accepted.

    tinkerbell28;7149496

    If the rrod was not listed as the fault and it's developed that he will … If the rrod was not listed as the fault and it's developed that he will win a SNAD, paypal offer cover up to 45 days, thems the breaks I am afraid, so pp will 99% decide in his favour, not a lot you can do, if it develops a fault in 45 days of purchase it's a snad.You need to check op tho it's you console you get back:thumbsup:



    I did list it as a repaired console that had the rrod....i will check to see if its my console...thank you :thumbsup:

    Banned

    csiman;7149633

    in that cae, the OP should check the exact date of purchase and try to … in that cae, the OP should check the exact date of purchase and try to delay any further action until 45 days have elapsed :thumbsup:



    Terrible advice ITT, it's irrelevant anyway as the dispute has been opened, so it does not matter you have 45 days to OPEN a dispute not have the case all wrapped up.

    Honestly some people so quick to call the buyer as scammer ITT and see him done over, how would you all feel if you brought electrical goods from ebay and it went wrong within 6 weeks of purchase and you had the oppertunity through buyer protection to get your money back, can't see many of you turning that oppertunity down, if you are honest with yourselves.

    If it was the buyer coming here saying bought faulty item, seller won't refund, you would all be saying dispute, 45 days, take it to dispute!

    He is probably very annoyed tbh that it's gone wrong, not his fault and he is entitled to his money back under buyer protection, if people don't agree, they shouldn't sell on ebay or read the t&c's before lisitng.

    Banned

    mackenzie;7149678

    lol...i agree :thumbsup:I did list it as a repaired console that had the … lol...i agree :thumbsup:I did list it as a repaired console that had the rrod....i will check it my console...thank you :thumbsup:



    You listed it as a repaired rrod, he will win a snad then as you listed it as a repaired, working console, not a faulty one with rrod. No returns accepeted means jack in the event of a pp dispute, sorry.

    Original Poster

    csiman;7149633

    in that cae, the OP should check the exact date of purchase and try to … in that cae, the OP should check the exact date of purchase and try to delay any further action until 45 days have elapsed :thumbsup:



    i wish i could delay....it's in paypals hands now....i don't think i'll win....i'm just dreading the neg feedback....i've got 254 100% positive

    Banned

    tinkerbell28;7149680

    If it was the buyer coming here saying bought faulty item, seller won't … If it was the buyer coming here saying bought faulty item, seller won't refund, you would all be saying dispute, 45 days, take it to dispute!



    +1

    Banned

    mackenzie;7149706

    i wish i could delay....it's in paypals hands now....i don't think i'll … i wish i could delay....it's in paypals hands now....i don't think i'll win....i'm just dreading the neg feedback....i've got 254 100% positive


    well at least you can request he return it (at their expense).

    is it not under a repair warranty of any kind from MS?

    Original Poster

    csiman;7149774

    well at least you can request he return it (at their expense).is it not … well at least you can request he return it (at their expense).is it not under a repair warranty of any kind from MS?



    no it's not.....if i had bought anything repaired on ebay and it died in a month or so i would of said ah well never mind it lasted a month better than nothing i suppose. Am i the only person that would think like this.

    Banned

    mackenzie;7149706

    i wish i could delay....it's in paypals hands now....i don't think i'll … i wish i could delay....it's in paypals hands now....i don't think i'll win....i'm just dreading the neg feedback....i've got 254 100% positive



    TBH neg could have been avoided you could have offered a refund upon return with the provisio that once checked and it genuinely was your console and faulty you would refund return postage too. If he is genuine and the item has developed a fault that is what a good seller would do. Why should a buyer be out of pocket as they were sold an item that developed a fault? No need for a dispute reall to have happened.

    You could then get it repaired and sell on.

    Not meaning to have a go op, but if this had been the other way around, buyer says console developed fault, within dispute time, everyone would be calling you a crap seller, especially if genuine and you make him pay to return it. In this case people are calling the buyer a scammer it changes depending on who is here to defend themselves at the time.

    mackenzie;7149864

    no it's not.....if i had bought anything repaired on ebay and it died in … no it's not.....if i had bought anything repaired on ebay and it died in a month or so i would of said ah well never mind it lasted a month better than nothing i suppose. Am i the only person that would think like this.



    I think your tune would change if you spent what you deemed to be a lot of money as with eveyrone, I am the same wouldn't bother for a few ££££££ but if you spent what was a lot of ££££££££ to you then you would I am sure.

    Original Poster

    tinkerbell28;7149868

    TBH neg could have been avoided you could have offered a refund upon … TBH neg could have been avoided you could have offered a refund upon return with the provisio that once checked and genuinely was your console and faulty you would refund return postage too. If he is genuine and the item has developed a fault that is what a good seller would do. Why should a buyer be out of pocket as they were sold an item that developed a fault? No need for a dispute reall to have happened.You could then get it repaired and sell on.Not meaning to have a go op, but if this had been the other way around, buyer says console developed fault, within dispute time, everyone would be calling you a crap seller, especially if genuine and you make him pay to return it. In this case people are calling the buyer a scammer it changes depending on who is here to defend themselves at the time.



    Hi, I probably would of been more helpful to the buyer if they didn't open a dispute before discussing the issue with me....as soon as i saw the paypal dispute email i lost it. They never gave me a chance to respond.

    Banned

    mackenzie;7149900

    Hi, I probably would of been more helpful to the buyer if they didn't … Hi, I probably would of been more helpful to the buyer if they didn't open a dispute before discussing the issue with me....as soon as i saw the paypal dispute email i lost it. They never gave me a chance to respond.



    See with ebay it always pays to remain calm and not act in haste, all you needed to do was reply calmly that upon return of your console and verification of the fault you would refund, and make a payment for return postage. Buyer would of been happy, you could of repaired and sold on. You would be amazed at how easy it is to diffuse these situations if genuine, if you are polite and offer good service.

    As it goes by making him escalate it to a claim, pp will be deciding and forcing a refund, it will put you account in bad standing as will the neg, there was no need to get in a war of words, it's just not worth it, if he was being out of order with you, just take a step back and then write a polite reply refund and move on, would have been so much easier.

    Don't forget if it is genuinely your console that has gone wrong he will probably be fuming too.

    Original Poster

    tinkerbell28;7149933

    See with ebay it always pays to remain calm and not act in haste, all you … See with ebay it always pays to remain calm and not act in haste, all you needed to do was reply calmly that upon return of your console and verification of the fault you would refund, and make a payment for return postage. Buyer would of been happy, you could of repaired and sold on. You would be amazed at how easy it is to diffuse these situations if genuine, if you are polite and offer good service.As it goes by making him escalate it to a claim, pp will be deciding and forcing a refund, it will put you account in bad standing as will the neg, there was no need to get in a war of words, it's just not worth it, if he was being out of order with you, just take a step back and then write a polite reply refund and move on, would have been so much easier.Don't forget if it is genuinely your console that has gone wrong he will probably be fuming too.



    I haven't got the money to give him a refund.....i took the money out of paypal and spent it. I'm unemployed so what he wants in a refund is nearly a weeks money to me....i'm starting to feel like poo....am i that nasty for not offering a refund straight away.

    Original Poster

    Thanks everyone for your words of wisdom :thumbsup:

    Banned

    mackenzie;7149976

    I haven't got the money to give him a refund.....i took the money out of … I haven't got the money to give him a refund.....i took the money out of paypal and spent it. I'm unemployed so what he wants in a refund is nearly a weeks money to me....i'm starting to feel like poo....am i that nasty for not offering a refund straight away.



    Listen not "nasty" it's just that if it had of been the other way around, and buyer said console developed fault, seller won't refund, or return postage, forcing me to take it to dispute, everyone would have lynched you but as it's the buyer who is not here to defend himself and and present has done nothing wrong but been a bit fiesty by the looks of it he gets the lynching. -Not fair.

    A good seller would refund yes and refund return posatge, you can't as you have spent the money so paypal will force it for you, so I would "find" the money some how. As yes he will win and yes you will have to refund. Best bet if you cannot afford to refund quickly in the vent of a genuine dispute, don't sell on ebay tbh, as it's a minefield.

    Closed at op's request

    Sorry, commenting is no longer available on this discussion.

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