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QLD Fraud - How to Pursue Action Against Buyer?

Discussion in 'Australian Consumer Law Forum' started by Dakota2012, 11 January 2017.

  1. Dakota2012

    Dakota2012 Member

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    Hello

    I am in Qld and I sold an item on eBay to a buyer in WA. I am just a private seller, not a business.

    Details not important for my question, but she has committed fraud, and eBay allowed her to keep the item ad took the money from my account to refund her. I have huge amounts of proof.

    I wish to pursue action against buyer. Can I lodge a QCAT application because I am in Qld, or do I need to lodge action in WA because of her location? Or would a letter of demand of some sort be better choice?

    Thank you if you can offer help.
     
  2. Lance

    Lance Well-Known Member

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    Hi Dakota,

    If you couldn't prove the facts to eBay as the regulator of sales, how do you hope to do it in a court?

    I only ask because if you feel you can establish a wrong doing, you should still have avenues through eBay before you need to take it any further. Check the eBay terms and conditions just to be sure.
     
  3. Dakota2012

    Dakota2012 Member

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    Hi Lance,

    Thank you so much for replying. I did appeal the eBay decision, providing them with all the evidence I had.

    However eBay policy claims the minute a buyer recieves a damaged item, they are automatically entitled to a refund.

    So to help explain a little - firstly she claimed it was the wrong colour, then tried to say it was the wrong size. When that didn't work, the item magically became damaged a few days later.

    I have all the emails where she uploaded photos (no damaged in the first lot, magically damaged in the second lot of pics) etc.

    Based on her emails where she has buggered up her own recollection etc, I feel I have a case.

    Cheers,
     
  4. Lance

    Lance Well-Known Member

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    Hi Dakota,

    It sounds like you do have a case. You could start with a letter of demand as you stated in your original message, but I suspect the other party feels they are in the right because eBay awarded them a refund. If you spell out their deception it might make them want to make it go away.

    I still think you should be able to spell out the details of the case to eBay to have them resolve it.
     
    Dakota2012 likes this.
  5. Dakota2012

    Dakota2012 Member

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    Cheers Lance,

    I think I will try a letter first and perhaps she will be receptive to that if I also mention I am happy to take it further.

    Thank you!
     
  6. Rod

    Rod Well-Known Member

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    ... with an application for costs in your favour.
     
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