ChatterBank6 mins ago
Ebay scam from someone in Jersey - can I sue?
HI, Im in England and have bought a mis-represented item off ebay from a guy in Jersey. As the item was sold for 1p but the postage was �150 I have no recourse via paypal etc and despite Special delivery the seller is unwilling to try to get the money back. The item was mis-represented (innocently he says) and I have now bought a broken in post useless item. How can I sue him? I am prepared to pay beyond the price I paid just so he does not benefit and get away with this. I know that small claims courts are not an option because of jurisdiction so what may be open to me?
Many, many thx in advance.
Many, many thx in advance.
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.Jersey has a Petty Debt Courts for 'small claims'.
http://www.cab.org.je/submenu_page_view.php?me nu_id=41&submenu_id=143
It could be expensive, but I wish you well.
http://www.cab.org.je/submenu_page_view.php?me nu_id=41&submenu_id=143
It could be expensive, but I wish you well.
Taking someone to Petty Debts Court in Jersey is much simpler that suing through the UK SCC and you can do it yourself without legal help BUT you have to be present when the claim goes to court (or else be represented by a lawyer or a debt recovery firm). However if the item is useless because it was broken in the post you would not have a case against the seller. You do not say in what way the item was "misprepresented" Have you contacted e-bay directly? I was sold an item which i felt was wrongly described and reported it. I did not get my money back but the seller was banned from future use on the site.
In answer to the above the item was a record that was described as uncut (a rare madonna picture disc) but was a cut picture disc (much cheaper). Am I right in saying therefore that Royal Mail will only refund 1p (the sale price) and will ignore the total cost �150.01? Also, having paid through PayPal (the dispute is now being investigated by PayPal) I am unlikely to recover anything? It would then seem that my only option is to sue through the Jersey small claims court (trying to find out if I can do this as a non resident). I would treat it as a holiday break so no problem being there but why would the claim be invalid if the item was broken? This would be a bad get out clause as he could have sent a broken record in the first place? Any advice or is what I have said above correct? Thx.
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