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Ebay scam from someone in Jersey - can I sue?

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vicars | 12:01 Wed 30th Aug 2006 | Law
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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.
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are you mad, what the hell did you buy,how did you pay and was it insured in the post.
If the item is broken in the post, then the item will be covered as Special delivery automatically covers up to �250 (I think).

When you say it was misrepresented, how do you mean?
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.
Pursuing the claim from Royal Mail will be pointless. The value of the item will have to be proven with a print out from the Ebay invoice.

It will show quite clearly the item was sold for 1p.

There's a saying: experience is better bought than taught.

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.
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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.
Would cost you less to have him kicked around a bit!!
The best bet is to let Paypal sort it out, It will take some time but your complaint must be that the seller was avoiding ebay fees by charging such a high postage. Also report seller to Ebay
I'm lost on this one. Did you agree postage of �150 for an item being sold for a penny? If so then NORMANTHEDOG'S opener is answered.

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