Some advice from the Legal guys please

As most of you know, I sell through my website, as well as Ebay. Right now, I have the nastiest of customers stalking me, threatening me & harassing me. It's driving me nuts. Here is a lowdown on what has transpired so far.

Customer purchases from me on November 24. Wants to know if I will send Express Post. I say sure, but it won't fit into a normal satchel, so will need to be sent Express Parcel Post, which is expensive. I'm in Sydney, she's in country SA, and the package is heavy. I tell her it will cost $50, so she says fine, send it normal post, which I do.

The expected delivery date of this is 4th December (according to Ebay) and she contacts me on Friday, 5th December, ranting & raving that she's missed her daughter's birthday, it's all my fault, yada, yada.

So, I check the tracking number & sure enough it was last traced at the sort facility at Chullora. I lodge an enquiry & they tell me it will take around 10 working days before they have an answer for me & give me an enquiry number. I relay all of this to the customer & she goes totally psycho!

First thing Monday morning (7th, December) she gives me negative feedback plus sends numerous emails telling me I HAVE to send another product Express Post, as she needs it urgently. My response has been the same in most of the emails, in that I need to follow Ebay procedure and that I need to allow Australia Post time to do their investigation.

Same thing yesterday (8th December) but now she starts threatening me with the Magistrates Court of South Australia. I respond that continuous harassment & threats will not make the process any quicker. I have told her on numerous occasions that I am happy to refund, if Australia Post have, in fact, lost her item, otherwise they will deliver it.

Today, more messages from her. I've rung Ebay and they are aware of what has been going on so far, but nothing they can do, apparently. I'm happy to wait it out & hope she will be out of my life.

I just now open my emails & I've got a Final Notice from the South Australia Magistrates Court demanding I pay her $243.49 plus the cost of the final notice $19.80 a total of $263.29. She states "I am also claiming the amount of time and stress that this has taken out of my working hours".

The item in question only cost $94!!

Throughout all of this she has told numerous lies and to top it all off (I thought I'd blocked her, but it didn't work) she went and bought something else off of me today, which I promptly cancelled.

My question is......Do I need to be worried about this at all?
 
Customer purchases from me on November 24.

The expected delivery date of this is 4th December (according to Ebay) and she contacts me on Friday, 5th December, ranting & raving that she's missed her daughter's birthday, it's all my fault, yada, yada.


I just now open my emails & I've got a Final Notice from the South Australia Magistrates Court demanding I pay her $243.49 plus the cost of the final notice $19.80 a total of $263.29. She states "I am also claiming the amount of time and stress that this has taken out of my working hours".



My question is......Do I need to be worried about this at all?

Firstly I'm not a lawyer but I suspect the Magistrates court demand was something previous that the purchaser was involved in, nothing to do with you.

I doubt very much that any legal issues would result in a court order in such a short time frame.
 
I'm with the PP. I'd be very surprised if a letter like that would be sent so quickly.

Is she a bit crazy? Threatening the riot act against you and then making another purchase?
 
Don't you just love eBay customers !
eBay conditions them to be so demanding and their feedback folicy promotes this even more.
I also can't see how she would have got a court letter done in only a couple of days.

You get these customers online once in a while, the keyboard gives them super powers.
Just got to learn how to deal with these things over time.
 
These guys are right, seems suspect that she got those legal documents so quickly. Does this imply that they're potentially fake? If she's counterfeited documents you could very nicely turn the tables on her....
 
I doubt they're fake, it's just a template document that you can buy online off the magistrates portal. I don't think the court processes this document at all.
 
Don't you just love eBay customers !
eBay conditions them to be so demanding and their feedback folicy promotes this even more.
I also can't see how she would have got a court letter done in only a couple of days.

You get these customers online once in a while, the keyboard gives them super powers.
Just got to learn how to deal with these things over time.

I've heard horror stories of some of the loonies (and there are plenty), but this is the first one I've had to deal with myself.

No, I don't think there really is anything she can do, because I'm honest & do the right thing, BUT it's draining.
 
My question is......Do I need to be worried about this at all?

Yes you are going to be sued. You will have to defend it or you will get a judgement against your name. This will mean she will be able to recover money and it will hurt your credit rating.

But, just because she is starting an action doesn't mean she will win, or even that she has a case to be heard.

You had best seek legal advice.
 
No way! Give her more fodder? Not going to happen.

Except it might bring into doubt her claims that you are a dodgy vendor if she made another order and you processed it as usual AFTER she allegedly had issues with you.

Shrug. Get your own legal advice obviously, but nothing I've heard so far particularly alarms me.

The notice from the court sounds like a glorified letter of demand to me.
 
Yes you are going to be sued. You will have to defend it or you will get a judgement against your name. This will mean she will be able to recover money and it will hurt your credit rating.

But, just because she is starting an action doesn't mean she will win, or even that she has a case to be heard.

You had best seek legal advice.

Should she also consider death, divorce, disease and despair?

Or basset protection? http://i.dailymail.co.uk/i/pix/2013/07/09/article-2359101-1ABCBCDB000005DC-587_634x393.jpg
 
Skater, you've followed the eBay rules by the sounds of it. Has she opened an eBay dispute so that you can follow the rules of that dispute? She sounds completely irrational and if the link provided by Corey Batt is how she has managed to get some sort of official looking final letter, by paying for one, I cannot see how she could win, seeing you are doing what is set out under the rules of the site she purchased from.

(Having said that, the law often doesn't seem to make much sense sometimes and things that shouldn't be allowed to happen, do happen.)

I would write a clear reply to her saying that you are following the rules set out by eBay and if she wants to open a dispute, to do so, which will give you some time to wait for Australia Post to get it delivered. Everything is slow in this lead up to Christmas. Why didn't she just push for a reversal of her payment via Paypal (assuming that is how she paid)?

I had a similar irrational woman send me a broken phone, insisted it was "as new" and I opened a dispute. The vitriol she came out with "I work as a nurse with patients on life support... ?" (what has that got to do with her selling me a dodgy phone?) was just bizarre. I won the case, got my money back and was very glad she was not a local. She reported me to eBay for harassment when I was simply asking for a refund for a dodgy phone. My messages were polite but concise. Hers were just off the radar crazy, vitriolic and a bit scary really. She was quite odd.

I would ask eBay to intervene and spell out to her that you are following their rules, you have traced it, that it is on its way, and if it is lost, I guess worst case is you refund her if insurance doesn't cover it.
 
If it was me... I would speak to my lawyer and get their advice. Likely it would involve a sufficiently nasty letter.

If that didn't work, then they would send an even nastier letter. :p

A letter from a decent lawyer should be sufficient. It might cost you a couple of $$, but would be worth it from an entertainment point of view, and a piece of mind point of view.

As Terry said - looks as if they are serious enough to take legal action. Maybe they are just an internet troll - who is smart enough to figure a way to profit from trolling. But then, maybe they are crazy enough to be serious.
The sooner you put a lid on it, the sooner you sleep tight.

Blacky
 
if the link provided by Corey Batt is how she has managed to get some sort of official looking final letter, by paying for one, I cannot see how she could win, seeing you are doing what is set out under the rules of the site she purchased from.
Yes, that's exactly what she has done.

I would write a clear reply to her saying that you are following the rules set out by eBay and if she wants to open a dispute,
A dispute is already opened. It will close in 5 days.

My messages were polite but concise. Hers were just off the radar crazy, vitriolic and a bit scary really. She was quite odd.
Same!
I would ask eBay to intervene and spell out to her that you are following their rules, you have traced it, that it is on its way, and if it is lost, I guess worst case is you refund her if insurance doesn't cover it.

I've done that.
 
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