Debt Collection - Should i be worried?

[Pancake]

Hey there guys, have not been on for a while actually but i would like some advice

Recently i sold 2 items to a member on ebay, through the whole process he was being awkward about it. After he received the items he said he wanted to return them for a refund. And he was in spain so the postage was about £60 for both. The items were a honeycomb tablet (£330) and a new Thinkpad Battery (£82).

I said no, as i have no obligation to do so. Then he contacted ebay about the one, and paypal about the other order and said the goods were damaged, he never even gave me proof of this. Paypal have said i owe them £82 for a while now after automatically siding with the buyer. He said he posted the item and got a tracking number but i never got the goods back. So now paypal have taken the debt to iQor debt collection. They have threatened that if i dont pay they "may take court action" to recover the debt.

I am only 17, so can i even go to court for this? and will they infact bother for £82 or is that just a threat?

If the £330 one goes the same way what will happen?

Should i just bin and ignore them?

Thanks brosephs

[DR]

I would confirm with PayPal formally if it's them and not someone else trying to spoof them.

I would then present the facts to them about items not being returned etc

[Pancake]

Yeah its deffo paypal, everything adds up. I contacted paypal various times and they just blew me off really. He provided a tracking number and then they just issued him a refund. Never use paypal or ebay again. They were 100% uninterested in anything i had to say.

[kalniel]

So he can't provide any proof that the items were delivered?

[Pancake]

Paypal said he did and he provided a tracking number. So god knows where he sent the items

[oolon]

I know it is easy to be wise after the event, however next time, only trade with people based in the UK if you are selling, that way it is easier to get to them using British law, should you need to.

If there is a tracking number, I suggest you try it to see if its real. If it is, find out where the goods are, if they have not been sent to you go back to paypal and say the good have not been returned.

The problem with the battery is if you did not take a picture of your one, they might have switched it for there old defective one then send that back so it really is a "defective" battery. You need to take pictures and return serial numbers from anything.

Debt collection agents can get very expensive, you need to write to Paypal preferably with a notarised letter, stating the facts as you see them, (non return of property), and state you do not accept, you are required to pay there refund. Keep copies of everything you say, use written form only not the telephone as you do not have a record of it but THEY do.

Either way you are not responsible for return postage.

[Pancake]

I know it is easy to be wise after the event, however next time, only trade with people based in the UK if you are selling, that way it is easier to get to them using British law, should you need to.

If there is a tracking number, I suggest you try it to see if its real. If it is, find out where the goods are, if they have not been sent to you go back to paypal and say the good have not been returned.

The problem with the battery is if you did not take a picture of your one, they might have switched it for there old defective one then send that back so it really is a "defective" battery. You need to take pictures and return serial numbers from anything.

Yeah i know, would have been much better in the UK. As for the battery, the box has a SN and its a sealed box right from Lenovo with one of those "VOID" stickers sealing it. so it should be fine, the tracking number was real and was for parcelforce from the Spanish PO. It said goods undelivered and returned to sender

[oolon]

Next step is to check with parcel force and see where they tried to deliver it too. Parcel Force is however hopeless, they might have put a customs charge on it, which could be the reason for return!

[Pancake]

Ill try and contact them later on, but do you think they will bother with court for £82?

[Pancake]

Just did some more Googling and it seems its a bit of a scare tactic from them even for larger debts. I guess this is going in the bin.

[oolon]

Yes it is a scare tactic. It can also work, as they can try to trash your credit history. By being "nice" for buyers, giving "Pay Pal protection" they provide this by transferring costs to the sellers. Hence they get a bad deal. Standing your ground is right thing to do, however not answering correspondence is NOT. If they go to the next level, they will use the fact you did not respond, for potential court action. You need a PAPER trail of how you answered them. Oh yes they people can turn an 82 pound debt into a 500+ with recovery fees. You need to show you do not owe the debt. From want I have seen (and IANAL) you seem to be able to do that, I would check more closely with parcel force about the delivery address, if it was your address, it might be claimed you deliberately refused the package (yes realise you didn't however can you prove that?).

[Barakka]

Just did some more Googling and it seems its a bit of a scare tactic from them even for larger debts. I guess this is going in the bin.

It is and it isn't, a DCA (Debt Collection Agency) will act on the wishes of it's client(s) in this case Paypal. Every outstanding debt could be taken to court if not paid, but with a DCA that call is down to the wishes of the client, some may want anything and everything to go to court, some have value thresholds, some on a case-by-case basis, some never.

But a DCA will usually send the letter threatening court action as it could be an option if not paid, but at this stage they are trying to get contact and get you to start paying them.

The key points I would pick from your particular situation are;

• How long has it been ? Paypal never used to send to a DCA until the debt is over 3 months old, have you ignored this for some time ?
• eBay and Paypal are two completely separate companies - bear that in mind they have different rules with DCAs and courts etc
• You say you're only 17 ? That is a problem - they would have problems taking you to court over this, but more importantly you need to be over 18 to have a Paypal account, by opening it you have committed fraud.
• It's always best to sort these things out before they get this far and have the potential for credit ratings to be affected.

My advice would be to go see your CAB.

[finlay666]

I am only 17, so can i even go to court for this? and will they infact bother for £82 or is that just a threat?

I think you are S.O.L., considering you have to be 18 years old to use eBay under the T+C so there is a second mark of fraud on signing up (once with paypal, once with ebay)

http://pages.ebay.co.uk/help/policie...age-users.html

[BobF64]

Keep copies of everything you say, use written form only not the telephone as you do not have a record of it but THEY do.

For what its worth, if you have some means to record the call and explicitly tell them you are recording it, its all good and can be used for legal purposes. Although, Ive heard that some companies dont like that and the employees just hang up as soon as you mention it.

Of course, you can legally, in the UK at least, record any phone call you like, as long as its is for your own private personal use only.

[kalniel]

Of course, you can legally, in the UK at least, record any phone call you like, as long as its is for your own private personal use only.

Presumably that includes for the purposes of dictating to written form..

[BobF64]

Presumably that includes for the purposes of dictating to written form..

I believe so, its just inadmissible in court unless you explicitly ask for permission first.

No idea if theres any restriction on who else you can play it back to though.