HOW I TOOK LEGAL ACTION AND WON. Some of you will recognise this behaviour, others will be interested enough to see how far it will go. Whatever the outcome I intent to pursue this matter through to a satisfactory conclusion. This is a real and current bad transaction going through process and will be updated as it progresses. This has now concluded with a satisfactory conclusion - read on to find out how.
For those who think they are above the law, remember that there will always be those who will stand up and not turn the other cheek. They will always get stronger as more start to say that's enough, I'm not your mug.
19th May - won an item on ebay and sent cheque.
30th May - cheque cashed.
9th July, 10th July, 14th July - eBay email messages sent with no replies.
25th June, 30th June - phone calls and was promised a refund and a return call, no refund no return call.
8th July, 14th July - phone calls not picked up and messages left which were ignored.
30th July - letter sent stating legal proceedings to be initiated, which had no response from seller.
25th July - complete file compiled including the following
- eBay screen of messages sent and dates.
-Sellers eBay feedback screen.
- Sellers previous eBay identities.
- Copies of all emails and messages sent.
- Copies of all communications I have had with eBay on this matter.
- Seller contact details from eBay.
- List of all phone calls and what was said.
- Copy of bank statement showing when cheque was cashed.
- Copy of the final formal letter sent to seller warning of legal proceedings.
25th July - first contact with Police Desk to file a complaint and set a Surgery date to document activities and provide a formal statement to initiate proceedings. Further details confirmed via Police follow-up phone calls.
30th July - Surgery held for formal handover of information pack and to provide a statement. Fraud complaint now accepted, recorded and being progressed through legal proceedure. Nice one local Police
23rd August - Communication from local Police officers stating full details regarding the seller and transaction received from eBay. Police file to be compiled of mine and eBay information and then forwarded onto the Essex Police to be allocated a local officer in order to progress. One for eBay here I think, even though it took some time to get it.
24th August - Seller in direct conversation with the Police on my behalf which has resulting in another offer of a refund. Maybe this one will actually be a truthful and I will receive something more substantial than an ethereal promise and won't bounce. Good one for the Police yet again
25th August (Saturday) - Received a Postal Order for the full amount. Yeah I hear you say. Not quite, although the Police had worked their magic long arm, the Postal Order was made out to the wrong name and the envelope was incoreectly addressed. However it does show that the Post Office ESP does have extraordinary powers. Having had some experience by now I was somewhat reluctent to return to sender and decided the most appropriate action would be to take them both to the Police, being a pretty good witness, after agreement on the 27th (Monday). At the same time my commitment and intention to pursue was reiterated a little more strongly.
5th August - Another Postal Order arrived to the correct value, in the correct name but again incorrectly addressed. If I'm quick I'll get it banked before something else goes out of square. Hopefully the final chapter will be a successful bank transaction. So Three Cheers for the Police and one for the Postal Service.
6th August - Banked the PO to the value of the complete refund.
Ebay process was long winded and somewhat vague with poor visibility of what was happening in the background. The only way I found out anything was via the Police, who were very effective once engaged. The time it took to get to this stage was three months and took some effort to keep the momentum going. Ebay will assist the Police in supplying all relevant information and the Police are more than willing to pursue the matter if they feel that the complainant is serious about taking it to its conclusion. In this case I left them in no doubt have far I was willing to go.
Therefore if you find yourself in a similar situation, gather evidence, lodge it with eBay and then talk to the Police who will take over and pursue it to a logical conclusion. In this matter I have to give eBay a begrudging 5 out of 10, but will definately give the Police a 9 out of 10.
I was prepared to take this to its ultimate conclusion, and reported the full progress
*** Related information ***
NB: For legal reasons I will not name the party involved.
After much feedback on this guide, I would like to add the following points:
1. On returning any goods please use recorded delivery as proof of reciept, as proof of postage may not be good enough and could be used against you.
2. Always keep records of communications as a lot of comments talk about rude, agressive and abusive responses, and do not respond in like just keep a record and present what you receive. Be aware of the time limit ebay has on messages so save them someplace safe.
3. Always send emails to more than one recipient as the target will know they can't change the intent or intention of the message. If you keep ebay informed it can have an effect - sometimes, and they will have a record too.
4. Legal progress is about commitment to persue to a conclusion, so be convincing.
5. If you have an emotional victim story then tell it when it can be most effective, remember no-one will know unless you inform them.
6. Remember your MP has an email address too.
If you have found this guide helpful, help others by voting YES below to get this noticed and fight back to make eBay a safer place to buy and sell.
From some of the recent negative feedback I have received on this, the reasons they had for voting no were quite obvious.