I'm being sued !

[Iceman]

Not motorcycle related at all but I thought I'd share my story.

A few days prior to Xmas my young bloke was playing on my iPad. Being a 6 year old boy he loves lego, and was scrolling through eBay looking at all the cool stuff. After seeing dad buy heaps of stuff off eBay he know how it works, click button, wait for postie.... He hit the buy it now button on a massively over priced lego set. I see what he has done the next morning, after the initial panic and yelling, I email the seller explaining what had happened and how it was a mistake. I ask to cancel the transaction and hear nothing back. 9 days later eBay emails me to say I have an unpaid item case opened against me.

I contact eBay, they tell me all is sweet they'll get onto the seller and smooth it out. A week later I get a black mark for the unpaid item. I thought it's a bit harsh but I'll cop it on the chin. Then the fun started.....

The seller contacts me, lets me know that in order to prevent future strikes I should keep my kids off the iPad. I replied and asked why they didn't respond to my first message. I was polite, didn't swear and just wanted an answer. Before I know it I'm arguing with the seller over the eBay message system, this guy is ripping into me about my negligence and how he only likes to deal with good honest people. There's a bit of back and forth, I kept my cool and maintained my stance that it was a kid who mucked up and that it wouldn't happen again, I continued to ask why they didn't respond to my original message. Then he threatens to take further action.

Here we are three weeks later and I get a message from him saying expect a registered letter to arrive, I'll see you in court. I couldn't believe it, this bloke has started legal proceedings against me. Apparently if I don't show up to court in Brisbane, he wins and I have to pay for the item, plus all other costs incurred.

I'm awaiting the letter from the court before I seek legal advice, but in the mean time I am gathering as much info as I can.

Has anyone else been through this kind of thing?

Am I really screwed or do I bring the fight to him? His emails we insulting and border line on harassment.

[Chase]

Don't sweat it, the worst he could do is try to take you to small claims which is a mediation meeting. You have done nothing wrong - even if ebay was a legally enforceable contract he entered into it with a minor (your kid did the bid) so would be invalid anyway. Sounds like sabre rattling to me.

[Iceman]

It's still a fair hike for a meeting....

[RevHead]

dont even worry about it you live in Vic ,and the clown lives in QLD, HAD a similar thing happen to me on ebay a few yrs ago ,
i got sued in the supreme court of S.A, my solicitor ,basically sent them a fuck off letter ,havent heard a thing.

[sharky]

Tell him to bring it on......any lawyer would laugh at him.
there is a formal ' request to cancel transaction' tab somewhere..

[Chase]

It's still a fair hike for a meeting....

Unlikely it would happen - I think it costs about $100 to start the claim (he pays) - but you don't have to appear in person you can phone conference ;)

[Snake_Doctor]

What idiot would sue over an ebay item WTF where is this knob in QLD so I can go and buy some lego.




Not motorcycle related at all but I thought I'd share my story.

A few days prior to Xmas my young bloke was playing on my iPad. Being a 6 year old boy he loves lego, and was scrolling through eBay looking at all the cool stuff. After seeing dad buy heaps of stuff off eBay he know how it works, click button, wait for postie.... He hit the buy it now button on a massively over priced lego set. I see what he has done the next morning, after the initial panic and yelling, I email the seller explaining what had happened and how it was a mistake. I ask to cancel the transaction and hear nothing back. 9 days later eBay emails me to say I have an unpaid item case opened against me.

I contact eBay, they tell me all is sweet they'll get onto the seller and smooth it out. A week later I get a black mark for the unpaid item. I thought it's a bit harsh but I'll cop it on the chin. Then the fun started.....

The seller contacts me, lets me know that in order to prevent future strikes I should keep my kids off the iPad. I replied and asked why they didn't respond to my first message. I was polite, didn't swear and just wanted an answer. Before I know it I'm arguing with the seller over the eBay message system, this guy is ripping into me about my negligence and how he only likes to deal with good honest people. There's a bit of back and forth, I kept my cool and maintained my stance that it was a kid who mucked up and that it wouldn't happen again, I continued to ask why they didn't respond to my original message. Then he threatens to take further action.

Here we are three weeks later and I get a message from him saying expect a registered letter to arrive, I'll see you in court. I couldn't believe it, this bloke has started legal proceedings against me. Apparently if I don't show up to court in Brisbane, he wins and I have to pay for the item, plus all other costs incurred.

I'm awaiting the letter from the court before I seek legal advice, but in the mean time I am gathering as much info as I can.

Has anyone else been through this kind of thing?

Am I really screwed or do I bring the fight to him? His emails we insulting and border line on harassment.

[Hillsy]

What idiot would sue over an ebay item WTF where is this knob in QLD so I can go and buy some lego.

+1. We could have some fun here.

[rod185651]

How much was the Lego?

[hooligan]

Just don't sign for any registered letters, simple.

[Hillsy]

Just don't sign for any registered letters, simple.

Pretty sure he just has to have proof that the letter was posted and that's enough to say he's advised you. It's like saying you didn't receive a speeding camera fine - doesn't matter if you have or not, you have been sent the fine so you're liable.

But anyway, the guy is full of shit. He won't do anything.

[hooligan]

Hope, just because it's been sent doesn't mean you have received it.
We are suing a subcontractor at work because he didn't complete his works, we have had to send stuff multiple times to multiple addresses (home, PO box and registered business addy) so the court could be sure he has had every opportunity to receive the information; he just didn't sign for it, so it was never delivered.
I also think the lego man is full of shit.

[Iceman]

His selling price was $350, I estimate retail at about $240.

I noticed it has been relisted though, I'm hoping someone else buys it, that way if I lose, he can't supply the item and I can then sue him for mucking me about.....

[probike]

just as well he didn't buy this http://www.ebay.com/itm/2007-LEGO-STAR-WARS-10179-UCS-MILLENNIUM-FALCON-1ST-EDITION-GRADED-AFA-9-25-/221178427456?pt=Building_Toys_US&hash=item337f42f840

[Neo Dutch]

Go to court and punch him in the dick.

[Aido]

Or this
http://www.ebay.com.au/itm/70-Azimut-Sea-Jet-/200884486297?pt=AU_Boats&hash=item2ec5a60099&_uhb=1#ht_8038wt_1397

[El_Hefty]

you need to put a link to said relisting ....

[Chase]

His selling price was $350, I estimate retail at about $240.

I noticed it has been relisted though, I'm hoping someone else buys it, that way if I lose, he can't supply the item and I can then sue him for mucking me about.....

If he's relisted it - it means he's cancelled the transaction, check the status on the item - has it been cancelled? If so you're fine cause he's agreed to the cancellation, if not wait til he sells the relisted version them sue him for breach of contract ;)

[ALBI]

im with chase ^^^

[Iceman]

Just got this from ebay, i have removed all names and item number (for now)

Hi ........,


Thanks for contacting eBay about the unpaid item record from .....................


..........., I have looked into your account and see that you have a great history with us in eBay, and you or no other member on eBay should have to deal with this. We recognize that there are instances where the transaction can go wary but we still expect our members to behave in the most professional manner as much as possible.


Upon investigation of your account, I’m happy to inform you that we've gone ahead and removed the unpaid item ......................... Kindly check also for the action to reflect on your Resolution Centre. You will see that the case has been closed and the record has been cleared. To check it, just visit the link below:


Don't worry as we have your back into this situation, there are instances that's beyond our control. If the seller really pursue this into a legal proceeding we will provide you with all the documents that you need so that this will not be taken against you.


Let me assure you that you no longer have any negative marks on your account that will restrict you from buying more items on the site.


Enjoy the rest of your day and thank you for continuing to do business with us.

Warm regards,
Michele D.
eBay Customer Support

Looks like he can suck a fat lego dick!

And for the record, I saw one of those milleneum falcons at the lego expo the other day and they are fuck'n awesome. I'm not sure if it was $12.5K awesome, but awesome none the less......

[Gix11]

Sued over $350? What a bellend. He should stick to playing with lego.

[JackTar]

Suck a fat Lego dick, bwaahaha I fucking laughed til I stopped.

[Deano]

good result. what a dickhead

[Large]

I just did a buy it now but Imma gonna say your kid logged in and bought it on my comutah again Clint

[Cruisecontrol]

That's an odd one.
If a registered letter is returned to sender, or any letter for that matter, the reason for non-delivery is to be written on the envelope.
If he didn't want to sign for it then it should say refused on the envelope and returned which should be more than enough evidence to prove he was served.

[hooligan]

3512
yeah, suck my lego cock!

[Redmohawk]

Suffering from duploblueballs eh.

[fimpBIKES]

bwahahahahahhahaha

i think you win by default just because this fuckwit is obviously losing at being human!

[TurboKat]

I'm curious, what was Icekid's punishment?

[BANDITROD]

i cant stop laughing hahahaha
3512
yeah, suck my lego cock!

[Iceman]

I'm curious, what was Icekid's punishment?

I cut off his pinky toe.....

[Johnnie5]

That's an odd one.
If a registered letter is returned to sender, or any letter for that matter, the reason for non-delivery is to be written on the envelope.
If he didn't want to sign for it then it should say refused on the envelope and returned which should be more than enough evidence to prove he was served.

if you arent at home they leave a card for you to pickup at the post office

if you dont go to the post office then it would be returned to sender with unable to deliver

[hooligan]

cruise is a postie....
and cruise, the reason for non delivery was 'refused', but the judge/mediator/whatever said we had to try again to get the letter to him.

[JackTar]

I cut off his pinky toe.....

God you're a soft cunt.

[336LJ]

if its on monday I can stick around for you at the Federal court in bris n say you are busy taking a shit or what not and can I pass on a message for them?

[Iceman]

Looks like he might just be full of piss and wind, as no registered letter has arrived yet.....

[Gix11]

Was his name Stu?

[Hillsy]

Was his name Stu?

I doubt it - a guy with an abundance of Lego is probably a guy that can actually build something.

[Snake_Doctor]

HAHAHAHAHAHA funny as well done.


I doubt it - a guy with an abundance of Lego is probably a guy that can actually build something.

[davo]

I doubt it - a guy with an abundance of Lego is probably a guy that can actually build something.

Thats Gold. And Clint,what sort of lego building poofter are you raising there.Real sons of Streetfighter builders only use Meccano.Are you sure he's a product of your sperm?

[Iceman]

He's got meccano too Davo, all is not lost.