Suing Ebay Australia for freezing my funds due to a seamingly endless beauracracy limbo

[azrinsani81]

I sold a Laptop for $1000 on Ebay. The buyer then complained the laptop was not good and wanted to refund back the purchase. My Paypal funds were frozen for this.

The buyer than sent the item back to me (I had to purchase the shipping labels)

Later, the buyer said he changed his mind and wanted the laptop back. He purchased the shipping labels and asked me to send the laptop back to him.

I sent the laptop back to the buyer.

It's been almost a month since the buyer received the item and until now my Paypal funds are still frozen. I can't get the money out.

I have contacted Ebay via chat but unfortunately they are unable to do anything other than wait.

I'm am now thinking of taking legal action in small claims court in Western Australia since Ebay is a registered business entity in Australia.

Question:

1) Have anyone experienced similar situation?

2) Have anyone successfully sued ebay on this?

Thanks

[azrinsani81]

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@gutterpunkz05 wrote:

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Generally, natural cause of law/justice presides over T&C's.   Oh, I didn't realize that ebay is wasting all there time and money, with large scale teams of lawyers, drawing up user agreementsa etc, that they can not enforce, what rubbish.

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Dude, what the are you talking about?

Are you trolling for no reason? Everyone knows that a court can always overrule T&C technicalities. 

A classic case would be Contract Signatures. if an agreement is not signed on paper (despite the T&C saying so), is the agreement void?

Hell NO. if the two parties entered into an agreement verbally and their actions says so, a simple failure to physically jot a piece of paper would not void any agreement. 

In my case Ebay mentioned they favoured my position. It's just their internal processes that are failing to refund me.

[padi*0409]

I have London Bridge for sale at a bargain price - I can deliver as well.................

I wish you well with this, but if you didn't see the red flags you must have been color blind.

[gutterpunkz05]

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@azrinsani81 wrote:

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@gutterpunkz05 wrote:

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Generally, natural cause of law/justice presides over T&C's.   Oh, I didn't realize that ebay is wasting all there time and money, with large scale teams of lawyers, drawing up user agreementsa etc, that they can not enforce, what rubbish.

---

Dude, what the are you talking about?

Are you trolling for no reason? Everyone knows that a court can always overrule T&C technicalities. 

A classic case would be Contract Signatures. if an agreement is not signed on paper (despite the T&C saying so), is the agreement void?

Hell NO. if the two parties entered into an agreement verbally and their actions says so, a simple failure to physically jot a piece of paper would not void any agreement. 

In my case Ebay mentioned they favoured my position. It's just their internal processes that are failing to refund me.

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No wonder you are in the predicament your in. 

[azrinsani81]

No sweat!

[digital*ghost]

What is the actual status of the original return case? Is it still open? If it is, the buyer should close it and the funds will be released automatically. Cases also time out after about 30 days, and when they do the funds also get released - if the buyer hasn't been refunded and the money is frozen because they didn't close the ebay case, your beef is pretty much with them at this stage. If the money did (or does) get refunded to the buyer, then you could go either way - the buyer if they don't re-pay, or eBay for advising to return it and then refunding the buyer after you do.

[bubblegh]

@azrinsani81:

Please keep us updated on the outcome of getting your funds back and if you do go to court.  Am curious to know how it all ends up.  Thanks.

[gts6ltr]

Hi how do you do a letter of demand ,   and sorry what address do you send it to , 

if any one is reading this DONT SELL ON EBAY ,   RUN , RUN , 

[sandypebbles]

You might want to end your well over 100 listings if you want people to take you seriously when trying to tell them not to sell on eBay

Or why you choose to put up with 'torture' for twelve years 

And the person you are asking posted their comment over two years ago, unlikely they are going to answer you now

Best off starting your own, new thread, explaining what has gone on than jumping on an old one which very few people are going to bother looking at two years later

By the way, the buyer you left the positive green feedback tick  for, nobody else can see who it is you are warning other not to sell to, you are the only one that sees the buyers eBay ID/name, nobody else has a clue who you are warning about

[papermoon.lady]

It is against the rules to leave fake positive fb for buyers, and we cannot see who this person is, as already stated, although if he or she makes an offer or places a bid, the seller would see their identity, but it is still against the rules.