Paul16 Posted January 21, 2006 Share Posted January 21, 2006 Some advice needed please..I sold an item on ebay and when I sent it out the person, English also living in France was not happy with it all though I felt that I had gave a true description of the article..Basically it was a camera a very old one which I could test also he is saying there was no lense, Ooops I cannot say whether there was or wasn't I have sold so much this year also with other things going I may have rushed the desciption but also the guy could have taken the lense out..So we have to beg to differ.. The letter the person sent at first wasn't a I received the camera I am not happy blah blah but a very irate Victor Meldrew type letter accusing me of being a fraud, a crook, misleading hin etc etc also threatening to take me to court..(no mention of the lens) Now this is the first letter.. Anyway I e-mail him back saying I am sorry your not happy with the article please send it back and I will refund you the postage (bothways) and full price also pointing out to him that it would have been nicer to have a more polite e-mail first..E-mail back from him now demanding that I send him the money first then he will send the camera back (yeh yeh) or give him the camera for free and refund him the cost of the camera Hmmmm..Again demanding he will take me to court.. I e-mail him back asaying to him that if did make a mistake with the lens I apologise but I need to see the camera first then refund...E-mail comes back that demanding: That I send him the money first or then he will add more money on to what he is asking until this dispute is over and he will take me to court over all these expenses and I have till Sunday to get this sorted..Now I have offered to refund him the money as he is a pain in the rear and it is only for £12.50. I have over 7 years ebay experience sold over 8000 items on get the odd problem then sort it out.. This is a new dimension for me only because if I was in the UK I would say well take me to court as any judge will laugh as I have offered him a refund my problem is I do not know how the French courts work would they do the same as it is only a small amount which in my eyes has been resolved as I have offered him a refund and just want the camera first..I am most probably just going to send him the refund of the camera and telling to keep it as he needs it more than me in his sad life also I am too busy to get involved and this has taken up enough time as it is..Any advice on this would be grateful ..Paul Link to comment Share on other sites More sharing options...
Teamedup Posted January 21, 2006 Share Posted January 21, 2006 What is usual Ebay practice about this sort of thing.Seems to me that you have offered to do the right thing and they are being unreasonable. I could sort of see anyone getting het up if something was expensive, but really for around €18 what is the big deal. Myself, I would print out copies of all e-mail correspondance and write a letter stating that I had offered to reimburse this amount upon return of the camera, however as they are being so petty, am enclosing a cheque for said amount and expect the camera to be returned immediately otherwise I may be taking them to court for non return of reimbursed goods. I would send it all by lettre recommande avec accuse de reception. Link to comment Share on other sites More sharing options...
Russethouse Posted January 21, 2006 Share Posted January 21, 2006 Don't ebay use 'Safe harbor' for this type of thing ?Report him to ebay BEFORE he reports you - take the high ground, you have done nothing wrong and have offered generous restitution. Was it sold on ebay.fr ? Link to comment Share on other sites More sharing options...
Paul16 Posted January 21, 2006 Author Share Posted January 21, 2006 I also agree this guy is just being a pompous pratt and trying his luck..Thats a good idea with sending the letter, this guy paid with Paypal so I am not sending him a cheque.Teamedup in your experience what would a French court say if he did start a claim against me are they different from ours ?? Link to comment Share on other sites More sharing options...
Paul16 Posted January 21, 2006 Author Share Posted January 21, 2006 Gay, ebay just wipe their hands once it is sold unless your a buyer then they seemed to look after them more..This item was sold on ebay UK.. I believe he is just trying it on but is the type of person who will cause a lot of agro so is £12.50 worth the agro he has the time to cause it I do not.. Link to comment Share on other sites More sharing options...
Val_2 Posted January 21, 2006 Share Posted January 21, 2006 Going to a tribunal in France would probably cost him a helluva lot more than he paid for the item in the first place and would probably take months, I would call his bluff and if he is serious he would have to go through a huissier and for that you would receive and official letter first. Sounds like a windbag.We tried to sue someone for a bill of approx £350 here and the huissiers wanted £150 up front before they would do anything, we let it go. Link to comment Share on other sites More sharing options...
Russethouse Posted January 21, 2006 Share Posted January 21, 2006 Ok - turn it round - send him back the money plus enough to cover return postage and tell him if you do not receive the item in 14 days you are the one who will be taking action - also make a note and on the last day possible, leave him dreadful feedback [:(] Link to comment Share on other sites More sharing options...
Teamedup Posted January 21, 2006 Share Posted January 21, 2006 I don't know how french courts function really with regards to this sort of thing. There is a small claims system at the Tribunal d'Instance, I believe.And I would do as Russethouse said. For such a small amount this person is being rather petty. Link to comment Share on other sites More sharing options...
Lori Posted January 22, 2006 Share Posted January 22, 2006 Having dealt with lawyers here in France, I would say that taking an 18Euros issue to the court system would be laughed at (or frowned atdepending). I'm not trying to make light of a badsituation. Yes, I'm sure he could do it as could you, but youboth would end up paying hundreds of euros for what sounds like anissue not worthy of the court's time. Lawyers here are not cheap- like anywhere else. And, they are normally quite busy. Wehave a court case pending right now that has taken 3 years and it stillisn't in front of the judge. As annoying as it is, I think the advice others here have given ispretty sound. Either send him back his money with post back moneyincluded, letter recommende with acuse de reception and/or play his betand let him do whatever he wants. Will depend upon your mood andhow much you like hearing from this idiot. Link to comment Share on other sites More sharing options...
zeb Posted January 22, 2006 Share Posted January 22, 2006 Paul, go to the dispute console on ebay, summerise it all and tell him that although you have a strict returns policy, he's a pain in the a*se, so on this occasion you will refund him. Then send him a Paypal refund (as he might not receive the cheque!!!) and if he takes it further he loses!Have you already left feedback? If not, WAIT and see if he leaves you negative feedback - if he does, you have to opportunity to respond publically warning other ebayers what a p**t he is. If he doesn't, no one will ever know!You have excellent feedback so you will be able to carry this. Don't waste your time on him. Do as you told me! Link to comment Share on other sites More sharing options...
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