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Old 04-07-2011
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Default Legal action against 'fraud'

I had bought and received four 1TB external HDD's at the end of last year, through four different auctions from three different sellers.

The two I received from the one seller were perfectly fine.
One other one had an internal defect and would not work (Seller A), and the last one never arrived (I was never given tracking - Seller B).

So since the items were so similar, I accidently told Seller A I didn't receive their item, and told Seller B their one was broken. Neither sellers provided me with tracking.

The confusion got worse at this point. Seller A was very understanding and said they would give me a refund, excluding the shipping which wasn't much anyway.
Seller B went along with it and we exchanged messages about what was wrong with the item over several weeks, and it got progressively more confusing.

By the time I realised I mixed up Seller A and Seller B's items, I had already filed a chargeback for not receiving the item. (Long story about how I passed ebay and went to a chargeback, but it's not that relevant)

My bank decided in my favour, and I thought I'd leave it at that, because Seller B wasn't being very helpful or friendly anyway to begin with. Several months later now, Seller B wants me to send his item back or take legal action against me "fraudulently" getting my money back.

Its way too late for me to tell him I mixed him up with another seller, because that would just sound like a poor excuse. I'd like to come to some resolution with him, but I don't think he sent his item anyway in the first place, and he was unhelpful in our ebay messages, so I don't know why I should. I've got 50 something feedback as a buyer and I have really never received only 2 items I have bought, including this one, and have had absolutely no problems buying besides from the 2 items.

Is he able to do anything against me over a 150 USD or less item, even though we're in different countries, and the only proof he can use against me is the ebay messages I sent at the end of last year?

Last edited by homeonets; 04-07-2011 at 04:31 PM.
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Old 04-07-2011
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I dont think the police care, its a civil matter as far as they are concerned, if he wants to take you to small claims court, then it will cost him, and the magistrate won't be best pleased at this petty case being presented before him, he aint got a leg to stand on, from a UK perspective.

The police however ARE interested in big fraud, its all about the accolades for them, if it were 10000 hard drives, then perhaps just maybe, the seller would have a chance.
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Old 04-07-2011
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Quote:
Originally Posted by Doubles View Post
I dont think the police care, its a civil matter as far as they are concerned, if he wants to take you to small claims court, then it will cost him, and the magistrate won't be best pleased at this petty case being presented before him, he aint got a leg to stand on, from a UK perspective.

The police however ARE interested in big fraud, its all about the accolades for them, if it were 10000 hard drives, then perhaps just maybe, the seller would have a chance.
then again they could just try to go to court for $1 for the principle of it :D
suuuuuure its a waste of time, but hey its principle rite?


for $150 no1 even cares about that there are much bigger things the police/courts are trying to take care of
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Old 04-07-2011
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Well here is the Deal with all this,,,Legally he Most likely will NOT Be able to Hurt you,,,But I Think that there is a Bigger issue here,,,and that is You,,,

You May Not realize it, But what you are Doing is simply Making someone Else Pay for YOUR Mistake,,,

The Guy who NEVER sent you the HDD is the One who Needs to Pay, But since he Got off "Scott Free" Because of Your error,,,Someone else needs to Pay, To be a Victim,,anyone but you Right?,,,

So In this Case Being Honest would Make YOU Pay, Make You the Victim, But Because of Your Banks Help by Ruling incorrectly in your Favor,,,A COMPLETELY INNOCENT Person was made a Victim and Forced to Pay for another Sellers Crime AND Your Mistake,,,


But that does NOT Bother you One Bit ,,,Does it?,,,
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Last edited by slapped; 04-07-2011 at 09:31 PM.
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Old 04-07-2011
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Depends upon what his proof is.....I go really far to ensure I have proof when sending something of value off. That's as far as I'll go with that

It's pretty hard to mix up Seller a with Seller b don't you think?
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Old 04-07-2011
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you should jsut really come off free tell em what happend..and move on
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