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Fee collection passed on to a debt collector... should I pay?

Discussion in 'Ebay' started by menly, Aug 24, 2009.

  1. menly

    menly Registered Member

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    hahaha, got a letter through today from a debt collection agency that ebay referred my outstanding balance to them. The balance in question... £24.08 (~$40). See normally I'd happily pay the fees, but most of the outstanding balance is from 2 items that I never recieved the money for but ebay were less than willing to help (never even responded to either of my emails...).

    Its not about the cash, obviously I have it, I just feel kind of cheated by ebay, they're very quick to get their money but not so quick to help you get yours...

    What does BHW think?
     
  2. r00t

    r00t Regular Member

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    Have you tried calling eBay?
     
  3. menly

    menly Registered Member

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    Just emailed them now, I'll call them if need be but I see that their UK contact number is a premium number and I don't really want to put any more money in their pockets.
     
  4. hawke

    hawke Power Member

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    Hopefully they didn't sell the debt to another company, then you're dealing with a whole new monster. Something that little, you might want to just pay off, as it's anegative on your credit report. I understand the Principal of the fact, they ripped you, but the fact of the matter is they can rip you much more, with your credit score. Just pay it.
     
  5. Animal888

    Animal888 Newbie

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    For that sum, I think I'd just pay...

    But if you're up for a fight....

    A couple of years ago I got flashed on a truvelo doing 40 in a 30. I almost never speed in restricted zones, so I was rather surprised, but the picture was pretty damming. I decided to look into the law and came up with a defence. 3 court appearances later I walked out £300 richer rather than £60 poorer. Was it worth it? Only for the satisfaction of beating a speed camera parnership, moneywise it was a waste of time.

    I think about the same time I received a letter from a debt collection agency claiming I owed a large sum, I think it was 6k or so, to a company who I had never dealt with. At the time I attempted to open a bank account and was refused. When I checked my credit record, it was this company claiming I owed money. I asked them to provide proof, they responded that I should telephone them. I ignored this and all subsequent letters until they initiated a court action in Northampton court. I defended and issued a CPR 36(?) letter asking for copies of documentation. They failed to come up with any. I sought and obtained a court order squashing the case with some £2500 wasted costs order against the debt collection agency.

    I then went after the original company, who had placed the entry on my credit file, for defamation. Again they couldn't prove that I owed money so I was awarded 5k & ~500 in costs. Was it worth it? Yes, I do believe so both for satisfaction and monetry gain. :)

    I think you have a fairly solid defence in that you did not receive the goods. Consumer law is pretty much in favour of the buyer in UK, so if they can't prove you received the goods, then you should easily win. If they defame you (on credit file) you will be entitled to damages. If you keep checking your credit file and find an entry, then apply for a credit card. You will be refused and that is proof of loss.
     
  6. toonarme

    toonarme Junior Member

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    Yes, but you're on dodgy ground with eBay as they have provided the service that you've paid for, i.e. an auction listing. The fact that you haven't been paid is irrelevant and isn't eBay's fault. Have you put a NPB report in? eBay will refund some of your fees but not all. That's the way they work. They'll pull the 'eBay is just a venue' shit that they usually come with and you'll end up losing and having your credit rating hoyed down the shitter.
     
  7. Animal888

    Animal888 Newbie

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    Ah I misread the OP. I thought he was the buyer not the seller. I'm not familiar with the ebay TOS, but if OP thinks he might want to take a chance he should read the TOS carefully. If they haven't fulfilled the TOS, e.g. not responding to his complaint (maybe) then he may be able to defend it. Contracts are two way... :)

    Another possibility would be to pay ebay and issue a small claim in Northampton court against the buyer (cost £25). This may result in payment or may result in a default judgement = CCJ on buyers credit report. :) Even if you don't get the money, maybe satisfaction of telling the world that the buyer is not creditworthy. And there is also the possibility of sending in the baliffs (I almost had to do that against the debt collectors - pretty ironic!)
     
  8. menly

    menly Registered Member

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    I've paid the debt collectors, just to keep my credit score clean. I will however keep this up with ebay and insist on a refund...