Some advice from the Legal guys please

[Terry_w]

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.

Court documents are served by mail in most cases. Because a company is involved it will need to be served at the registered company address - which is on asic.

No need to be present, but a lawyer will need to be instructed if you are not. but this is the lowest level court so they are flexible and don't follow the same rules as higher courts - even the laws of evidence.

The correct jurisdiction may not even be SA. It will depend on where the contract was formed. But Skater would have to apply to get it moved.

Pain in the *** getting sued like this - frivolous but time consuming and costly and if you don't respond you will lose.

 

[kathryn d]

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.

Thanks........

 

[skater]

Pain in the *** getting sued like this - frivolous but time consuming and costly and if you don't respond you will lose.

Hehe, that's putting it mildly. I'm really busy at the moment & really don't need this.

 

[Truly Exotic]

the joys of ebay, sorry to hear skater,

thats one of the reasons why I gave up on mine

it seems that once a transaction goes online, customers expect double the service at half the price


here is my take,
neg feedback has been left, the damage has been done, id totally ignore any correspondance and hope that the item is returned back to you

as for express post, all those dates on ebay are all general, for the customer to rely on the exact date is just silly
***** happens, express post can get delayed, the tracking shows its been delivered, its out of your hands, but judging by the attitude of the buyer, id totally ignore

as for this legal doc, it sounds wayyyyy to quick

double check the properties for the date and author
I received one of them years ago and the author was police in a different state, and the date was 6 months prior

I reckon if you write a simple reply near the expiry date, you:ll never hear from them again

that just reminded me, I received negative feedback from a buyer who bought the wrong item from me, I took it back even though it was second hand, sent them a new one express, and their neg feedback was 'paid for registered feedback, came express!! fraud!! do not buy from this seller'

 

[skater]

the joys of ebay, sorry to hear skater,

thats one of the reasons why I gave up on mine

it seems that once a transaction goes online, customers expect double the service at half the price


here is my take,
neg feedback has been left, the damage has been done, id totally ignore any correspondance and hope that the item is returned back to you

as for express post, all those dates on ebay are all general, for the customer to rely on the exact date is just silly
***** happens, express post can get delayed, the tracking shows its been delivered, its out of your hands, but judging by the attitude of the buyer, id totally ignore

as for this legal doc, it sounds wayyyyy to quick

double check the properties for the date and author
I received one of them years ago and the author was police in a different state, and the date was 6 months prior

I reckon if you write a simple reply near the expiry date, you:ll never hear from them again

that just reminded me, I received negative feedback from a buyer who bought the wrong item from me, I took it back even though it was second hand, sent them a new one express, and their neg feedback was 'paid for registered feedback, came express!! fraud!! do not buy from this seller'

LOL! This is a similar thing. I went out of my way, big time to rush this through for this person and I get this in return. It seems like if you give an inch, they'll take a mile (the bad ones that is)

If I had to name one thing that really gets me with Ebay is the amount of really stupid questions you get asked - I mean really, really dumb ones - and the amount of people that don't read the listings.

I constantly get asked "Will these skates fit my x year old child?" Umm, I don't know, what size feet do your child have? AND I've got a size chart, complete with measurements so anybody with half a brain can work it out, even if they're not sure.

 

[Paul@PFI]

The problem is you may be dealing with someone with a small brain to start. Small x 50% = a goldfish brain.

Never ceases to amaze me that they want to buy a $3.50 ipad case from China with $3.50 for delivery then moan that it was described as leather but was vinyl and it took more than three days to get here.

They want Louis Vuitton for KMart prices. Delivered overnight for free. From China but with a French label.

There should be an app that allows IP addresses of **** wits to be blocked. Idea - A way to pay the Russian computer hijack scammers to target an idiot.

 

[Truly Exotic]

If I had to name one thing that really gets me with Ebay is the amount of really stupid questions you get asked - I mean really, really dumb ones - and the amount of people that don't read the listings.

You should try selling on gumtree! No one asks any dumb questions there.....

 

[skater]

You should try selling on gumtree! No one asks any dumb questions there.....

OMG!! Same stupid questions BUT then they say 'Oh, I'll give you $15 for it" for something that you're selling for $100.

 

[skater]

The problem is you may be dealing with someone with a small brain to start. Small x 50% = a goldfish brain.

Never ceases to amaze me that they want to buy a $3.50 ipad case from China with $3.50 for delivery then moan that it was described as leather but was vinyl and it took more than three days to get here.

They want Louis Vuitton for KMart prices. Delivered overnight for free. From China but with a French label.

There should be an app that allows IP addresses of **** wits to be blocked. Idea - A way to pay the Russian computer hijack scammers to target an idiot.

I've seen a lot of Chinese describe things as PU Leather. UM .... HELLO! Anyone with half a brain would know that means it's vinyl!

 

[lizzie]

Never again will I buy clothes online ... what a joke ... !!

 

[sanj]

Never again will I buy clothes online ... what a joke ... !!

Why is that? It is a hugely growing sector of the market and some sites offer free returns if you're not happy along with lower prices due to leaner business model.

 

[perthguy]

Why is that? It is a hugely growing sector of the market and some sites offer free returns if you're not happy along with lower prices due to leaner business model.

I buy all my cycling gear online. It has all worked out well except for the last purchase. I looked at quite a few cycling pants then accidentally ordered a size too small. No biggie, they a very nice pants for $20.

 

[lizzie]

Why is that? It is a hugely growing sector of the market and some sites offer free returns if you're not happy along with lower prices due to leaner business model.

You have to pay postage to return ... which is really expensive from Australia ... I ordered 3 dresses. One didn't turn up without prompting and separate mailing ... out of three only one fits (one size fits all - and I'm only a size small 12) and looks half decent ... but if in doubt ... read this for a (sadly truthful) laugh ...

The Salvos got lucky

http://www.huffingtonpost.com/linds...l?utm_hp_ref=style&ncid=fcbklnkushpmg00000037

 

[pinkboy]

I buy all my cycling gear online. It has all worked out well except for the last purchase. I looked at quite a few cycling pants then accidentally ordered a size too small. No biggie, they a very nice pants for $20.

Yeah....we got that!

I agree cycling gear can vary greatly. Im a Medium in some cuts and an XL in others.

I now only buy from LBS. I know exactly what Im getting then, plus Im a big supporter.


pinkboy

 

[perthguy]

Yeah....we got that!

I agree cycling gear can vary greatly. Im a Medium in some cuts and an XL in others.

I now only buy from LBS. I know exactly what Im getting then, plus Im a big supporter.

pinkboy

They had the sizing chart on their web site and it was correct. Operator error First time it's happened too. They might have to be a christmas gift

 

[sanj]

You have to pay postage to return ... which is really expensive from Australia ... I ordered 3 dresses. One didn't turn up without prompting and separate mailing ... out of three only one fits (one size fits all - and I'm only a size small 12) and looks half decent ... but if in doubt ... read this for a (sadly truthful) laugh ...

The Salvos got lucky

http://www.huffingtonpost.com/linds...l?utm_hp_ref=style&ncid=fcbklnkushpmg00000037

That just means you had a bad experience, I assume if you get a bad meal somewhere you don't decide not to eat out again?

Also some websites do Include the cost of shipping back

 

[property_girl]

If she purchased through Paypal, Paypal will reimburse her if the item gets lost in the mail. She has to wait for the time to elapse before she can claim the money from paypal.

 

[skater]

If she purchased through Paypal, Paypal will reimburse her if the item gets lost in the mail. She has to wait for the time to elapse before she can claim the money from paypal.

Yes, that's how it usually happens, but now if you open a case through Ebay, they do all that automatically, so yes, even if I was dishonest, she would get her money back.

 

[Scott No Mates]

Yeah....we got that!

I agree cycling gear can vary greatly. Im a Medium in some cuts and an XL in others.

I now only buy from LBS. I know exactly what Im getting then, plus Im a big supporter.


pinkboy

We've got a Brisbane outfit 99 Bikes down here & they're my LBS. Renegade Cycles rated an OK though they were closer to home.

I split my orders between LBS (who do internet orders) or OS.

 

[Paul@PFI]

OMG!! Same stupid questions BUT then they say 'Oh, I'll give you $15 for it" for something that you're selling for $100.

I was selling a fridge clearly evident it was parts only. Not working yadayada...I just wanted it taken. No delivery. Pick Up only,. Suitable for parts - Probably suits a repairer. No complex stuff..
Ten enquiries in 20mins
- 9 = "does it work". The light does.
- 1 was can you deliver it interstate. WTF

The guy who took it was a repairer who asked what the catch was. I explained it slowly. You come get it, take it and its free. Its rubbish to me. Its parts for you. Oh I get it was his response. I should be kind, maybe a fridge fell on his head.

Gumtree is for junkies and their dealers it seems.