What does the Community think..I am a casual Canadian seller on Ebay - I sent the wrong item to a USA bidder and apologized for the error. I then immediately refunded all of his $21us incurred for the item the same day I recieved the Internal Ebay email. I had asked him if he could re-send the item to rightful person and that I would pay for the shipping and other cost incurred. He responded very negatively to this and told me "Why would you think I have the time to drive to a post office, pay for parking, stand in line for international mail and then pay my money to remedy your negligence. I shop on ebay to save on time due to your negligence I am doing just the contrary. I came to you in good faith, negotiated a price, paid you immediately, waited 2 1/2 weeks for the item I purchased as a gift for one of my closest colleagues and now you are asking me to correct your mistake ? This is just utterly absurd" This was sent to me on April 14/2011 at 5:06 EDT..I think in the AM. I then responded "alright then....I'm sorry about this whole affair. Can you just return to sender on the package and drop it in the mailbox..pretty sure it will get back to me: on April 14/2011 at 8:37am. All in sudden he goes ahead and decide to send the item item "after" I asked to have it marked "return to sender". He outlined the costs which the actual out of pocket costs came to $15.07us, he also included his time as a billed lawyer and wants a total of $100 for his time as a billed lawyer. He made no indication about this extra charge and said to me " I would like some reassuarnce from you that I will be compensated for my parking, postage charges, etc" and thats all he indicated. I was never rude in anyway to him and I returned all his money and also told him I would not re-send an invoice for the $15 item. He now has threatened to sue me for more then the stated amount of $100 if I don't pay the $100. As he stated for his reason for this " I have incurred do not take into account the personal hardship, worry, grief and embarrassment your error has caused me to sustain". This was his statement when I told him the $100 was unreasonable.."If I have to hire an attorney in your Province and pursue a legal claim against you through the Articles of the Hague Convention, I will be seeking all of my damages which I previously set forth to you this afternoon , plus filing fees, my attorney fees and taxable judicial costs. Thank You". So..does he have a case in sueing me for an error of sending the wrong item, even after I compensated him money for the item and the other $15.07us. Also...why the change of heart "after" I told him to just send the item..I feel he used this opportunity to gain extra money from me. If he ahd simply put return to sender, I feel he would not have been able to extort this extra amount form me if he had not taken the tiem to re-send the item. I don't have any proof if he even sent the item yet...Thank you very much for your time on this matter REPSONSE FROM ONLINE LAWYER:
Debra Thal (username) :
He is being ridiculous.
Debra Thal (username) :
He cannot possibly be a lawyer and actually threaten to sue you for this amount of money.
Debra (username) :
And he won't get it.
Debra (username) :
He doesn't get reimbused for his time.
Debra (username) :
I would ignore him.
Debra (username) :
If he sues you post on this site again and put my name into the subject line and I can assist you.
Original Post
(ha) 