Small Claims court question

[joules1970]

I sold an item on eBay and to cut a long story short the buyer got the item but I did not get payment.

This is my fault as my Paypal account wasnot setup properley and I let the amount expire and get deleted by Paypal.

Obviously the buyer does not respond to my requests.

I have used small claims courts before and usually the court summonds landing on their doorstep is enough to make them pay plus the court costs. So I know how the system works.

I would imagine if the buyer has not paid, whether it is his fault or not, then he is in breach of contract. My question though is whether you think the court would agree or whether they would say that it is my fault so tough sh!t??


Thanks for looking/.

[ummmm]

How much is it?

[joules1970]

£109

[bednobs]

perhaps they dont use the same email address any more - have you written to them?

[joko]

they may not use ebay any more...or their email address

they also have a receipt for their payment...

you may have trouble proviong this...

[bednobs]

actually, i was just thinking, when you pay by pay pal, the money comes out of your account straight away doesn't it? So in fact the person has paid probably - you just dont have the money

[joko]

yes bednob, the person has paid...but joules rejected it or didnt claim it in time, by accident it seems...

[ojread2]

have you posted this on the ebay forums?

If your PP a/c wasn't set up properly then you must take part of the blame, however, I think you will find the buyer could still be made ot pay in a SCC