Some advice from the Legal guys please

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.

OK, BUT......This is totally baseless. She contacted me on the 5th December, it is now the 10th December. I've stated many times that I will be refunding her payment if Australia Post does not deliver.

So, how can you start a judgement against someone when there is no money owing AND you've got proof (all the damn messages) that the item has either been refunded OR delivered (paypal records, and/or Australia Post tracking number.

The document I received is a joke. Like Corey said, it is an online document that you pay for without having to go to the Court, or the Sheriff, or even supply evidence of a judgement.
 
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

Smart isn't a work I'd use in connection with this person. Irrational! Yep, that's the word!

Gotto go to the Solicitor to sign documents today, so might print out all her crap & take it with me. Grrrrr!

All this from a document that cost her $19.80!
 
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.

...

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.

I'd not bite with the magistrate's court smoke screen and keep telling her these messages until you get a response from Australia Post. I fail to see how following due process would make the situation any worse for you in the eyes of a court, should her threat be actually realised.
 
Fat chance! They don't even compensate me!

That fat chance might still be possible. If you emailed them before, start a query on their FB page. This is what I did when they messed up by misleading me onto getting a PO BOX and losing my mails.
 
That fat chance might still be possible. If you emailed them before, start a query on their FB page. This is what I did when they messed up by misleading me onto getting a PO BOX and losing my mails.

I don't even get my postage re-imbursed if they loose something. I'm on a contract. I submit how many parcels to a specific area, and the total weight for that area (not each article). I then get a statement sent to me with the same details.

To get a re-imbursement you need to show details of the actual item in order to prove something was sent to a specific address. I don't have that, so tough luck, I get nothing for their stuff-ups.
 
OK, BUT......This is totally baseless. She contacted me on the 5th December, it is now the 10th December. I've stated many times that I will be refunding her payment if Australia Post does not deliver.

So, how can you start a judgement against someone when there is no money owing AND you've got proof (all the damn messages) that the item has either been refunded OR delivered (paypal records, and/or Australia Post tracking number.

The document I received is a joke. Like Corey said, it is an online document that you pay for without having to go to the Court, or the Sheriff, or even supply evidence of a judgement.

If you know someone's name and address you could sue them - commence proceedings - whether there is any basis to it or not. It is up to the person being sued to defend themselves by filing a defence. If you don't you will lose.

This is why you should never operate under you own name as a sole trade but always use a company as this limits liability. Even if you are selling $50 items on the internet. Even something small like this can blow out into something big.

But as Mr Bum said this looks like a letter of demand stamped by a court.
 
What's her feedback left for others on eBay like?
You can tell a bit about her if she's a compulsive negative feedback issuer and by the comments she leaves.
 
If you know someone's name and address you could sue them - commence proceedings - whether there is any basis to it or not. It is up to the person being sued to defend themselves by filing a defence. If you don't you will lose.

This is why you should never operate under you own name as a sole trade but always use a company as this limits liability. Even if you are selling $50 items on the internet. Even something small like this can blow out into something big.

But as Mr Bum said this looks like a letter of demand stamped by a court.

I am using Trust, with a Company as Trustee. She knows my first name only!

Yes, this is exactly what it looks like. Like I said, surely to go down this road, you need a judgement against you, I would have thought.
 
I am using Trust, with a Company as Trustee. She knows my first name only!

Yes, this is exactly what it looks like. Like I said, surely to go down this road, you need a judgement against you, I would have thought.

If she only knows your first name (and probably not the trading Company/Trust name), then I would have thought that the court papers served would be invalid?


pinkboy
 
If she only knows your first name (and probably not the trading Company/Trust name), then I would have thought that the court papers served would be invalid?


pinkboy

Well.....I rang the Magistrates Court of South Australia. What a joke! Anybody can lodge one of these claims on anyone else, for whatever amount they deem fit. There is no onus to prove that the recipient owes any money at all. They can state your name as Daffy Duck if they wish.

So...it seems this thing runs for 21 days. If she's not satisfied, then it goes to mediation. This is where you supply evidence, and they need your correct details etc. It can be done by phone. By that time the Ebay process will be long finalised & I will print off all her messages just in case I need them. I will have evidence of deliver (if it has been) or evidence of her refund. So all should be fine.
 
Ebay have policies. They can remove the neg comments only. Fact is no supply means no supply. I know ebay will seek proof you SENT it. Unless they choose insurance its their loss.

Who says its subject to SA law ?
What the SA magistrate going to do ? Speak to Clerk of that Court for free guidance on what options are to respond so judgement isn't given.

Costs for stress ?? The T&C for ebay may contractually limit action to a claim under the ebay buyer protection scheme. Paypal insures the loss and require a claim on that scheme
http://ocsnext.ebay.com.au/ocs/sr?search=1&query=1738&popularTool=true&st=0&popularToolName=I didn't receive my item

I would respond that the claim that the contract between seller, buyer, ebay and paypal is on the terms agreed :
http://pages.ebay.com.au/help/policies/money-back-guarantee.html
The buyer is seeking excessive claim and not following the process contractually agreed.

What a dipshit. Probably a professional gypsy.
 
Ebay have policies. They can remove the neg comments only. Fact is no supply means no supply. I know ebay will seek proof you SENT it. Unless they choose insurance its their loss.

Who says its subject to SA law ?
What the SA magistrate going to do ? Speak to Clerk of that Court for free guidance on what options are to respond so judgement isn't given.

Costs for stress ?? The T&C for ebay may contractually limit action to a claim under the ebay buyer protection scheme. Paypal insures the loss and require a claim on that scheme
http://ocsnext.ebay.com.au/ocs/sr?search=1&query=1738&popularTool=true&st=0&popularToolName=I didn't receive my item

I would respond that the claim that the contract between seller, buyer, ebay and paypal is on the terms agreed :
http://pages.ebay.com.au/help/policies/money-back-guarantee.html
The buyer is seeking excessive claim and not following the process contractually agreed.

What a dipshit. Probably a professional gypsy.

Mods should move this post into the current thread and then delete this thread.

Great reply Paul.

pinkboy
 
Yes, she's filed a Final Notice of Claim, which basically is what she alleges, and yes, anybody can file one.

You should file a defence in the form of a Form 4, otherwise she will obtain a default judgment against you.

Flowchart of procedure

Edit: Based on what I've seen from Paul@PFI, it may be that your form 4 only has to say "the sale was subject to eBay's Ts and Cs so there is no jurisdiction", but I think you should file some defence to minimise the risk of a default judgment.
 
  • Like
Reactions: S.T
Is being 'served' by email, considered legal there?

Do you need to be physically in court to defend yourself..in SA?


What a nightmare for you Skater.....and anyone else doing business on ebay.
Maybe this is her home business...suing people.
 
Is being 'served' by email, considered legal there?

Do you need to be physically in court to defend yourself..in SA?
I assume the email is just an FYI; given the distance, the court is probably going to serve the claim by posting to skater: Making a claim process

And no, skater doesn't have to physically appear. Many - possibly most? - minor matters like this are decided "on the papers", i.e. based on evidence submitted, without the parties appearing in person.
 
I am using Trust, with a Company as Trustee. She knows my first name only!

Yes, this is exactly what it looks like. Like I said, surely to go down this road, you need a judgement against you, I would have thought.

A judgment is what comes at the conclusion to a court case.

If she wins a court case then she would get a judgement against the company. The company would be personally liable in its own right and as trustee. Most likely it will be for under $1000 worst case scenario so you wouldn't worry too much about this.
 
Back
Top