@clarry100 wrote:
Yes its possible he will also tell me its not economically viable to pursue.
But nonetheless will ask about it. Free to ask.
He may well say it is worth pursuing because it's a different reason to why I went to court.
I listed a food van and a lady hit the BIN button without asking any questions. All she wanted to know was where to pick it up from. I wanted to make sure she knew for sure that it was unregistered, so sent her an email the next day. She came a few days later and spent 3 hours here with my husband taking her over every square inch of it and pointing out anything he thought might be an issue. He even gave her a chance to back out multiple times. No chance, she wanted it, so hooked it up to her car (unregistered) and drove it 250km home.
A few days later I got an email saying she had to return it and we were to take it back. Long story short, she has bipolar and when she goes off her meds, she goes on buying frenzies. She bought this behind her husbands back and borrowed the money off her friend to pay for it. Husband got angry and told her she couldn't keep it. He said he was happy to keep other stuff she had bought, but as HE didn't want this, we had to take it back.
She hit me with a significantly not as described because it wasn't registered, which was clearly stated in the ad. Her husband decided that WE would relist it on my account and when it was sold, we would go halves in whatever it sold for. HUH??? Of course I refused. Why should I pay FVF's twice? I also got whacked with my first and only red dot.
A few days later a letter arrived with an official legal letterhead, which I think they thought would scare me into taking it back. The husband is a debt collector, so probably isn't used to people saying no to him. A Ciciian debt collector at that, who says he always gets his own way!
A few months later I received an order to go to court for a hearing to see if we could come to a compromise. Speaking to their lawyer, they hadn't even told him 1/100th of what really happened. It went to trial.....twice, then after over 12 months, they turned up to court without their solicitor and it was ruled in our favour. They tried to get us on consumer law, but as the magistrate said, the consumer law they were trying to get us on, doesn't apply to private sellers. They were also quoting fedral law, not state law. The magistrate also said that my ad was one of the best and most comprehensive ads he had ever seen on ebay. I had covered ALL bases and more. She admitted then that she hadn't read the ad, she had only looked at the photos. She had also initially denied getting the email about the registration, which she also then admitted she had seen.
So, given that yours is for defamation, it may well be worth spending the money and fighting it. It would certainly set a precedence if you won. I'm sure you would have lots of support from the fellow sellers on this forum. Also, as you say, it's not going to cost you anything over a beer and a barbie with a mate.
Sorry for the length of this message 😄
