EBay cfr
SolvedAfrikarnak Posted messages 17653 Registration date Status Contributor Last intervention -
Good evening, I really need your help. I’m still a minor in middle school... Two years ago, when I was quite young, I wanted to try selling a virtual game item on eBay. Unfortunately, someone wrote me a message expressing interest; without telling me, he just said "hello, are you there?" I replied yes, and then he bought the item I had listed. As a result, I told him that I couldn't give him the item because I no longer had it, and I told him I couldn't refund him because I didn't have a bank account or anything (because you need a credit card to issue a refund). The item originally cost €5; he got angry and said he would take it up with PayPal (because that’s how he paid). I told him no problem, but I just wanted to avoid any trouble, and he simply needed to get his money back, etc. He told me that my account would just be banned with no further consequences. I felt quite reassured, but I uninstalled eBay, etc. Then, three months later, I reinstalled it and saw that I owed €16.95 in dispute fees to eBay because the gentleman in question had opened one. I panicked; I didn’t understand why I had to pay this amount since the guy got his money back and eBay took back the €5. Consequently, I uninstalled everything, including my email, because they were harassing me to ban my eBay account, which suited me fine. A few months later, I received a message on my phone from CFR saying that I owed them the sum of €16.95 before legal action, etc. I panicked, blocked them, and it’s been seven months since I blocked them. The idea of going to court still traumatizes me; I truly can't afford to pay this, and I don't want to disappoint my parents who have to work day and night for a low salary. What do you advise me to do?
3 answers
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Afrikarnak Posted messages 17653 Registration date Status Contributor Last intervention Ambassadeur 14 519
Hello
Our friend 'Jenesaispas' writes at the beginning of the question:
Two years ago when I was quite young I wanted to try selling on eBay
Mmmmm.. This story is either already time-barred or about to be.. We still need to know the exact starting date of the 'dispute'..
Prescription of TWO years:
Consumer Code L218-2
The action of professionals, for the goods or services they provide to consumers, is time-barred after two years.
See you+
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Re:
In other words, we can assume that the TWO years allotted for the acquisition of prescription will be reached soon (if not already acquired) given the indication (It has been 2 years..) provided in the question. Since we do not have any specific date, we cannot say whether or not there is prescription (on the verge = soon = in the near future..).
See you!
Alright, thank you very much, but it seems to me that the 2 years have indeed passed. However, that reassures me, thank you for the time you spent with me. Have a pleasant end of the evening and good holidays as well (if you're not in zone C of course ^^). I thank you immensely once again because I was stressing a lot about this...
Re:
If you have correctly calculated that the two years are exceeded, then indeed there is a statute of limitations. This does not preclude any potential attempts at amicable recovery to which you are not obliged to respond. Do not follow up, do not discuss, nor negotiate. SILENCE...
Here, it's vacation every day, we're taking it easy...
If needed, come back to the Forum... Enjoy your time off, chill, be zen, relax...
See you!
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So there is no problem.
Just remember that deleting an account somewhere does not free you from your debts.However, in this case, you are a minor, so Paypal has no right to do anything because they cannot accept to open an account for a person who is not of legal age. Legally, they have no right to anything. At best, you could have informed them that you are a minor and that you made a mistake.
It's still best to let your parents (or responsible person) know about the situation, but you are absolutely not at risk (and neither are they, at most a reprimand). Especially for such a small amount.
If they call you back and you are sure it is indeed Paypal, you just need to mention to them that you are a minor and that therefore the contract between Paypal and you is null and void.
Sincerely
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Thank you, that reassures me a lot. I informed my parents, but they don't really know much about it, which is why I prefer to talk about it on this forum... Do you think this issue will come up in the future? Will the amount increase? And I want to clarify that it was with eBay and not PayPal that I sold the item in question, and it was the collection agency cfr recouvrement that contacted me a few months ago...
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Hello,
The buying or selling on the Internet or in real life by a minor is not prohibited as such, otherwise a child would not be allowed to buy candy with their pocket money.
Minors have the right, through the initial authorization of their parents, to use financial tools (some bank cards are dedicated to them) without having to account for each transaction to their parents, which demonstrates their capability.
A "contract" which in this case is not truly one since an Internet platform merely connects the buyer and the seller and only exists between this buyer or seller and this platform is not null by default but only if the legal representatives of the minor demonstrate, this assessment ultimately falling to the sovereign decision of a judge, that this transaction is disproportionate to their age or financial means, more generally speaking with the low value of the item:
Civil Code 1146 prohibits minors from contracting, but Civil Code 1148 states:
Any person incapable of contracting may nonetheless carry out alone the actions permitted by law or custom, provided that they are concluded under normal conditions.
Unless successfully contested, this purchase or sale is the responsibility of the parents since by definition, this minor is civilly incapable which does not mean that their legal representatives are not on their behalf.
One could therefore perfectly conceive, even if it remains theoretical for a small amount, that a collection agency claims a debt which will de facto be transferred to the legal representatives.
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Hello
How old are you currently?Best regards
