Seller has ignored my email, handed over to debt collector.

[cooperplace]

I bought an item in December 2020 from a seller in Germany. By February 2021 it had not arrived and I bought the same item elsewhere. I complained to the seller who refunded my money. So far so good. Then the item arrived. The seller then contacted me saying it had arrived, they wanted their refund back. They didn't say where to send the money. I replied saying I had bought another, I had no use for their item, and offered to pay half. They replied saying they hadn't been paid and they were starting legal action. I again replied offering half. No reply. Today I get a letter from a debt collection agency in Germany demanding the cost of the item (EUR23.73) plus about EUR65 in debt collection fees. 

The Ebay dispute resolution center won't let me commence a chat because the item number has now dropped off the system.

I don't think I have any responsibility towards the seller's debt collection fees. What should I do?

[colic2bullsgirlore]

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@papermoon.lady wrote:

I always tell sellers when an item arrives after a refund, even when the items are not tracked, and a couple of times the sellers even let me keep the items just because I had been honest (when the items were untracked). I think that the problem with the OP is that the seller felt like he didn't have much of a choice and was irritated.

The best solution, of course, would have been to recognize the parcel (as it came from Germany) and to have sent it back unopened, as this would have been free of charge and really the best option for both the buyer and the seller.

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Was it you that typed "free of charge" up there?

RTS is not free somebody always pays or when the item is returned to the senders PO and not picked up/paid for  it becomes abandoned mail.

Do you honestly think I should (or my staff) await with bated breath and forensically examine each parcel that turns up adinfinitum to see if it looks like it came from Germany (and was in fact the lost parcel and not just another package from Germany) and refuse it ??? AP would love that and given that during COVID AP is safe dropping just about everything and then marking it delivered your idea is a best scenario pipe dream.

The seller needs to take responsibility and arrange the items return given that they are going to pay in either scenario.

[springyzone]

To me the bottom line is the seller is responsible for arranging delivery of a parcel. They choose the wrapping and postal service, they have input into the time frame for delivery.

Sometimes things go wrong-maybe an item arrives damaged or is lost in the post- and the seller has to chalk that up as a loss because it is not the buyer's fault.

Whether just refusing to accept a parcel would see it returned internationally I do not know but in any case, we know it didn't happen here.

I get the feeling though that the OP is not asking about the transaction in regards to ebay. The purchase was nearly 6 months ago, ebay won't be interested.

The OP is asking about the debt collection letter. That's the crux of the question. It's what has got him worried. It's not really an ebay question as such.

OP needs to have a good long look at that letter and use google to assess whether it seems genuine or not. Email the company if they have to. Either the letter is genuine or it is not.

If it is not, then OP technically does not  have to do a thing. The seller would have done well to accept the 50% offer as a compromise. It's not ideal but that way, both parties would shoulder a bit of the cost. It isn't as if this buyer needs the item now, it arrived well out of the contracted time.

On the other hand if the letter is genuine, then the seller is no longer involved, he has onsold the debt. This would not be anything to do with ebay at all. Just a note about debt collection agency demands, they are usually willing to negotiate and lower the initial price. I know that applies to big debts in the thousands in any case. 

Whichever way you swing it, I can't see that ebay will want to become involved, not 6 months after an event and in the circumstances. If ebay action was an option, I think a big seller would have used it by now. I suspect so anyway but I could be wrong, I've never been involved in anything like this.

[colic2bullsgirlore]

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@colic2bullsgirlore wrote:

For mine the original contract was voided by the refund.

https://www.fairtrading.nsw.gov.au/buying-products-and-services/guarantees,-contracts-and-warranties...

The seller offered a product and a service. The service (delivery) was not supplied in a reasonable timeframe (2months) and as per ACL the buyer was refunded.

Therefore the original contract between the buyer and seller for supply and delivery was terminated and is demonstrated by the refund.

That the product finally arrived is the sellers problem.

The seller should not have offered the contract if they could not complete it in a reasonable timeframe.

That the buyer offered the seller half of the original contract price is incidental and offered in 😑 good faith as the buyer no longer required the product or the service.

The seller is the one under obligation to have their product picked up and returned.

The buyer should  not be disadvantaged due to the seller not being able to complete their original obligation.

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I agree with you Springy except for the debt or sold on debt bit. 

The OP has no debt. The original contract was terminated by the refund. 

The seller would need to offer a new contract and the buyer would need to accept the terms. ie give it consideration.

Refunds are generally not made with the stipulation that "whenever or if ever the item turns up then the original contract stands".

Any reputable debt collection company would have minimally supplied a copy of the unpaid invoice with the demand and if the invoice was the original invoice then I could prove that the refund voided that invoice.

[katistrophik]

Any reputable debt collection company would have minimally supplied a copy of the unpaid invoice with the demand and if the invoice was the original invoice then I could prove that the refund voided that invoice.

And proven, in effect, that you stole the item.

MAY

[colic2bullsgirlore]

all it proves is there is no contract and the invoice is void

That the numpty seller has not redirected their package is not my problem.

Simple

[shyaus_15]

What you should have done when the seller contacted you wanting the refund back, was be a little more polite with the seller and either offered full repayment OR return of item that you’d already brought elsewhere.

Similar thing happened to me last year with items I’d purchased from the UK. Gave it sometime after due delivery date but as other items purchased from same UK seller had arrived, I was naturally starting to panic. After refund given by eBay because tracking number was “faulty” I also brought some of the items elsewhere... refunded items finally arrived just before Christmas 2020. I asked for advice here on community forums being new to eBay and on advice contacted seller. Eventually because I wanted to keep items, (I can use two of the same products - it was modelling kits) we worked out a good compromise via email where I got to keep the items and the seller got repaid through PayPal.

Offering 50% of purchase price sounds like a stroppy response to a deal-gone-sour. It’s either offer full repayment or demand to know where to return item to.

As for the dept collection, unless they decide to get the Australian authorities involved (Not likely but possible) there isn’t really much they can do trying to chase up an international debt.