Defending a point of principle.
Defending a point of principle.
Author
Discussion

Huntsman

Original Poster:

9,323 posts

279 months

Sunday 13th December 2020
quotequote all
I've been wronged by someone via Ebay to the tune of about £150. Ebay did not follow their own policy.

On the one hand, life is too short, it's really not worth the bother.

On the other hand, there is a point of principle at stake. If I don't pursue this matter to the bitter end those dishonest types and lazy corporations will continue to act in such ways.

In some ways I see pursuing the matter as an act of public service.

I find myself musing on whether I should take a stand or not.

The point of principle is far more important than the £150, but I'm not sure I CBA. I don't see much point in a headstone that says 'Here lies Huntsman, he took a stand'

DoubleD

22,154 posts

137 months

Sunday 13th December 2020
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So what's the question?

anonymous-user

83 months

Sunday 13th December 2020
quotequote all
Will this point of principle wrankle with you in the future? Will you still be thinking you should have done something about it?

citizensm1th

8,371 posts

166 months

Sunday 13th December 2020
quotequote all
Can't you do small claims on line these day's?

I seem to recall reading the process is relevantly painless.

Durzel

12,999 posts

197 months

Sunday 13th December 2020
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You can, but it’s not free either in monetary or time terms.

£25 to file the claim online (up to £300 claimed).

Question is - who would the OP be claiming against? The other person? eBay?

KungFuPanda

4,639 posts

199 months

Sunday 13th December 2020
quotequote all
Durzel said:
You can, but it’s not free either in monetary or time terms.

£25 to file the claim online (up to £300 claimed).

Question is - who would the OP be claiming against? The other person? eBay?
If he was truly a man of principle, he would sue both the other person AND EBay as 1st and 2nd Defendants.

citizensm1th

8,371 posts

166 months

Sunday 13th December 2020
quotequote all
As the op said the hill of principle is never a good one to die on, but the online process at least has the possibility of keeping the costs down.

DoubleD

22,154 posts

137 months

Sunday 13th December 2020
quotequote all
Every story has 2 sides, so he might not win.

Derek Smith

49,748 posts

277 months

Sunday 13th December 2020
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I paid good money to consult with a well-recommended brief over the possibilities of suing my employer. I had, according to him, as good a case as he'd seen, with failures of care galore, more than I thought.

He said that nothing in law is guaranteed. I could win, I could lose, both sides could win, and various combinations.

He asked me how much compensation I wanted. I told him I didn't care, and that it was a matter of principle. I just wanted my costs covered. The word principle changed the tone of the meeting.

His advice was to forget it and move on. He said that my employer's brief would delay matters, hang the case out over years, I'd get wound up, I'd not get on with my life and I might lose, despite the strength of the case.

He also said that if I won, it would not be the great triumph I anticipated. I forget the phrase he used, but ashes in the mouth would cover it. It was a pricey hour, 50 mins actually, but worth the money.

I chose to follow his advice. I put it behind me. I was surprised how easy it was to do once I put my mind to it. I can write about it without any rancor or other emotion, other than a sadness that the brief died a few months later. Lovely bloke.

anonymous-user

83 months

Sunday 13th December 2020
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Derek is right.


NGee

2,931 posts

193 months

Sunday 13th December 2020
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DoubleD said:
Every story has 2 sides, so he might not win.
Exactly this, and as the OP has told us nothing about what happened (we don't even know if they're the buyer or seller) then it is impossible to say if it's worth pursuing.

popeyewhite

23,033 posts

149 months

Sunday 13th December 2020
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Huntsman said:
The point of principle is far more important than the £150, but I'm not sure I CBA.
You've answered your own question.

Boosted LS1

21,200 posts

289 months

Sunday 13th December 2020
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Breadvan72 said:
Derek is right.
Seconded.

Boosted LS1

21,200 posts

289 months

Sunday 13th December 2020
quotequote all
Huntsman said:
I've been wronged by someone via Ebay to the tune of about £150. Ebay did not follow their own policy.

On the one hand, life is too short, it's really not worth the bother.

On the other hand, there is a point of principle at stake. If I don't pursue this matter to the bitter end those dishonest types and lazy corporations will continue to act in such ways.

In some ways I see pursuing the matter as an act of public service.

I find myself musing on whether I should take a stand or not.

The point of principle is far more important than the £150, but I'm not sure I CBA. I don't see much point in a headstone that says 'Here lies Huntsman, he took a stand'
Once you get dragged into the legal wheels of process costs will rise and you'll spend hours dealing with it. Your quality of life will be consumed. It's really not worth it for £150 imo. Something quick would be more rewarding and allow you to move on.

TwigtheWonderkid

49,040 posts

179 months

Sunday 13th December 2020
quotequote all
DoubleD said:
Every story has 2 sides, so he might not win.
3 sides in my experience; on side, the other side, and the truth, which is often somewhere in between.

TwigtheWonderkid

49,040 posts

179 months

Sunday 13th December 2020
quotequote all
Derek Smith said:
The word principle changed the tone of the meeting.

His advice was to forget it and move on.
We have a saying in my office....it's not the principle, it's the money.

DoubleD

22,154 posts

137 months

Sunday 13th December 2020
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TwigtheWonderkid said:
DoubleD said:
Every story has 2 sides, so he might not win.
3 sides in my experience; on side, the other side, and the truth, which is often somewhere in between.
Yes you're right

320d is all you need

2,114 posts

72 months

Sunday 13th December 2020
quotequote all
Durzel said:
You can, but it’s not free either in monetary or time terms.

£25 to file the claim online (up to £300 claimed).

Question is - who would the OP be claiming against? The other person? eBay?
For £25 and an hour on the internet I'd probably push it.

Assuming it's a genuine case - you have sold something working, and purchaser claiming it's not as described / broken / not turned up.

Problem is it could go either way.

I hate Ebay, because it seems so easy to scam genuine buyers by saying "you never received the Goods".

On the odd occasion I usually mark a small emblem or scratch into a product in a non-visible area and photograph this clearly, and then photograph it multiple times throughout the packing process.
If it's a mobile phone you mark the IMEI and serial number of the phone, usually I will do a video of the phone working and condition, then showing the IMEI and the serial number etc and then film it being wrapped up.

It is only ever shipped fully insured with a trust worthy courier (IE DX24, DHL, DPD, UPS, Parcelforce etc)
Granted not every courier is perfect, but I do not ever ship with Hermes.

I've only ever had one issue which was when a seller whom I sold my old iPhone to said it was damaged (screen and case broken).
Of course he'd bought my phone, opened a claim and returned his phone.
With the IMEI and serial numbers Ebay actually found in my favour (I was a bit concerned about it going the other way).
The case was closed. and I had his broken phone, which I sold for £80.

Last thing I sold on Ebay was a steering wheel, and to be fair, compared to Facebook it was a breeze. I had listed it at £200 on Facebook, was getting lots of daft offers, £100, etc etc.
Put it up for £230 ono on Ebay and it sold within 2 hours for full asking price.

AJL308

6,390 posts

185 months

Sunday 13th December 2020
quotequote all
Durzel said:
You can, but it’s not free either in monetary or time terms.

£25 to file the claim online (up to £300 claimed).

Question is - who would the OP be claiming against? The other person? eBay?
Yes, but you apply to add it to the claim.

Huntsman

Original Poster:

9,323 posts

279 months

Wednesday 23rd December 2020
quotequote all
I've been pondering this a little more.

Aside from the specifics of the case, as pointed out above, PH'ers only get to see one side of the story, I have decided that I will make a claim jointly against ebay and the buyer through money claim online.

The principle of the point is important enough to me that I'll defend it tooth an nail, I may not win, but at least I''ll have had a go.

Life's too short for all this, but its also too short to let people walk all over you and get away with it, I concluded the later more important.