Sue a Seller for Breach of Contract

You bought something. The seller took your money. Then they either sent nothing, sent the wrong item, sent a fake, or sent something damaged. Whether it was Facebook Marketplace, Gumtree, Vinted, Depop, or a private sale - you have legal rights.

Every sale creates a legally binding contract between buyer and seller. When sellers don't deliver what they promised, they've breached that contract. You can sue them in small claims court to get your money back plus compensation - no expensive solicitor needed.

The Contract You Have With Sellers

Whether you bought on Facebook Marketplace, Gumtree, Vinted, or in person, a contract was formed when:

1. They Offered to Sell

The seller listed or advertised an item - their listing description, photos, and stated condition are contractual promises about what you'll receive.

2. You Accepted Their Offer

You agreed to buy at the stated price. This acceptance creates a binding contract - doesn't need to be in writing, a message saying "I'll take it" is enough.

3. Payment Was Made

You transferred money (consideration). This seals the contract - they're now legally obligated to deliver what was promised.

Implied Terms Under Consumer Law

If the seller is a business (even if they claim to be private), UK law adds automatic protections:

• Goods must be as described - Consumer Rights Act 2015, Section 11
• Goods must be of satisfactory quality - Section 9
• Goods must be fit for purpose - Section 10
• Goods must match any sample shown - Section 13

Even private sellers must ensure goods are as described. While satisfactory quality doesn't apply to private sales, misrepresentation and contract law still do.

Common Seller Breaches

Here are the most common ways sellers breach sale contracts:

1. Item Never Sent

Seller took your money, said they'd send item, then ghosted you. No tracking provided, no item arrives, seller stops responding.

Breach: Complete failure to deliver goods - fundamental breach of contract

What to claim: Full refund plus any costs incurred (alternative purchase at higher price, travel costs if you collected, etc.)

2. Wrong Item Sent

Advertised iPhone 13, sent iPhone 11. Listed size 10 trainers, sent size 8. Different model, color, or version than described.

Breach: Goods not as described, breach of contract terms

What to claim: Refund of purchase price, return postage, price difference if you bought correct item elsewhere

3. Counterfeit or Fake Item

Listed as "genuine" designer bag, watch, trainers, but item is obviously fake. Photos showed authentic item, received replica.

Breach: Goods not as described, misrepresentation, potentially fraud

What to claim: Full refund, authentication costs, compensation for wasted time

4. Damaged or Broken Item

Listed as "working order" or "excellent condition" but item is damaged, broken, or doesn't function. Photos didn't show damage.

Breach: Goods not as described, not of satisfactory quality (if business seller)

What to claim: Refund or cost to repair, compensation for difference in value

5. Item "Doesn't Fit" After Claiming It Would

You asked seller "will this fit [specific model]?" They said yes. Item doesn't fit. Or measurements given were wrong.

Breach: Goods not fit for particular purpose you made known

What to claim: Refund, return costs, replacement purchase costs

6. Significantly Different From Photos

Photos showed pristine item, reality is worn/damaged. Photos were of different item entirely. Stock photos used misleadingly.

Breach: Goods not matching sample (photos count as samples), misrepresentation

What to claim: Partial refund reflecting actual condition, or full refund if completely misrepresented

Evidence You Need to Sue

To successfully sue a seller for breach of contract, gather this evidence:

The Sale Agreement

• Screenshots of original listing with all photos and description
• Seller's exact words about condition, authenticity, specifications
• Asking price and what you agreed to pay
• Any promises seller made about delivery, returns, condition

Communications

• All messages with seller (Facebook, WhatsApp, Gumtree messages, texts)
• Your questions and their answers
• Agreement to purchase
• Delivery arrangements
• Your complaints after receiving item
• Seller's responses or lack of response

Payment Proof

• Bank transfer confirmation
• PayPal transaction record
• Cash app payment screenshot
• If cash - ATM withdrawal matching amount and date

Proof of Breach

• If nothing arrived: No delivery confirmation, your photos showing nothing received
• If wrong item: Photos of what you received vs listing photos, model numbers comparison
• If fake: Photos showing fake details, authentication report, comparison to genuine item
• If damaged: Photos from all angles showing defects, video showing malfunction

Financial Loss Evidence

• Receipt for replacement purchase if you bought elsewhere
• Return postage receipt if you sent item back
• Authentication fee invoice
• Any other costs caused by seller's breach

Finding the Seller's Real Details

To sue, you need seller's real name and address. Here's how to find them:

From Payment Records

Bank transfers often show recipient's full name. PayPal transactions may show name and location. Some payment apps reveal more details than others.

From Marketplace Profiles

Facebook Marketplace profiles sometimes show full name and city. Gumtree, Vinted, Depop profiles may have location information. Check their other listings for clues.

From Collection Address

If you collected item in person, you have their address. Even if delivery, packaging may show return address.

From Messages

Seller may have mentioned their name, workplace, or location in conversations. People often reveal details casually.

Reverse Phone Number Lookup

If you have seller's phone number, online directories or social media searches may reveal their identity and location.

If You Can't Find Them

You can file claim using the information you have (username, partial address, phone number). Court may allow alternative service via the platform where you connected. Once claim filed, court can order platform to disclose seller details.

What You Can Claim

Don't settle for just getting your money back - claim all your losses:

Purchase Price

Full amount you paid for item. This is your baseline claim if you got nothing or something completely different.

Return Postage

If you had to return wrong or fake item, claim postage costs. Seller breached, so return costs are their responsibility.

Replacement Purchase Costs

If you needed the item and bought correct version elsewhere at higher price, claim the difference. Example: paid seller £200, they sent fake, bought genuine for £350 elsewhere - claim £150 difference.

Collection Costs

Travel expenses if you collected item in person - petrol, parking, public transport. If item was wrong/fake, you wasted money collecting it.

Authentication Costs

Professional authentication fees if you paid expert to confirm item was fake or wrong model.

Loss of Resale Value

If you bought to resell and seller's breach caused you to miss resale opportunity, claim lost profit (harder to prove but possible).

Wasted Time

Courts rarely award much for inconvenience in sale of goods cases, but if breach caused significant disruption (multiple trips, missed work, ruined occasion), you can try claiming £100-300.

Interest

Once you file court claim, claim 8% annual interest from date of purchase. For £500 item after 6 months: (£500 x 0.08 x 182 days) ÷ 365 = £20 interest.

Court Fees

If you win, seller pays your court fees back on top of your claim.

Small Claims Court Process

Suing a seller follows straightforward procedure:

Step 1: Final Demand

Send message or letter giving seller 14 days final chance to:

• Provide full refund
• Send correct item
• Replace with genuine article
• Compensate your losses

State you'll commence court proceedings if no satisfactory response. Send via platform messaging plus recorded delivery if you have address.

Step 2: File Money Claim Online

Use MCOL (Money Claim Online) system:

• Enter seller's details
• Specify claim amount
• Write particulars of claim
• Pay court fee (£35-£455 depending on amount)

In particulars, explain:

• How you found seller (Facebook Marketplace, Gumtree, etc.)
• What they advertised and promised
• How much you paid and when
• What you actually received (or didn't receive)
• How this breaches contract (not as described, not delivered, etc.)
• Your losses (purchase price + other costs)
• That you're entitled to refund plus damages

Step 3: Seller Response

Three outcomes:

• Admit: You win automatically, court orders payment
• Ignore: You get default judgment in your favor
• Defend: Case proceeds to hearing

Many sellers ignore court claims (huge mistake for them - you win by default).

Step 4: Hearing (If They Defend)

Small claims hearings are informal. Bring:

• Printed listing screenshots
• All messages with seller
• Photos of actual item received
• Payment confirmation
• Receipts for losses

Explain to judge:

• "I bought from seller on [platform]"
• "They advertised X" (show listing screenshots)
• "I paid £X on [date]" (show payment proof)
• "I received Y" (show photos) or "I received nothing"
• "This breaches the contract"
• "I'm entitled to refund plus costs"

Step 5: Judgment

If your evidence is solid, you'll win. Court orders seller to pay your claim plus court fees plus interest.

Step 6: Enforcement

If seller doesn't pay voluntarily:

• Bailiffs can seize their assets
• Third party debt order freezes their bank account
• Attachment of earnings takes money from their salary
• Charging order on their property

Common Seller Defenses

When sued, sellers raise predictable defenses. Here's how to counter:

"Item Was As Described"

Seller claims listing was accurate and you got what was advertised.

Counter with: Side-by-side comparison of listing photos vs what arrived. Point to specific description mismatches. Show messages where they promised features item doesn't have.

"You Damaged It After Receiving"

Seller alleges you broke item then tried to blame them.

Counter with: Photos taken immediately upon receiving. Video of unboxing if you have it. Expert opinion that damage is consistent with poor packaging or pre-existing defect. Timeline showing you complained immediately.

"I Sent the Right Item, Courier Must Have Switched It"

Seller blames delivery company for wrong item.

Counter with: Tracking shows direct delivery from seller to you. No evidence of tampering. Seller never filed complaint with courier. More likely seller tried to defraud multiple buyers and got confused.

"Listing Said 'Sold As Seen' / 'No Returns'"

Seller thinks disclaimer protects them.

Counter with: Consumer Rights Act overrides such disclaimers for business sellers. Even private sellers can't use disclaimers to excuse misrepresentation or goods not as described. These clauses are unenforceable.

"It Worked Fine When I Sent It"

Seller claims item was functional when dispatched.

Counter with: Burden is on them to prove it worked. You have evidence it doesn't work now. Photos/video showing malfunction. Seller never tested it properly or is lying.

Private Sellers vs Business Sellers

Your rights differ slightly depending on whether seller is genuine private individual or operating as business:

Business Sellers

Full Consumer Rights Act protection applies. Goods must be:

• As described
• Of satisfactory quality
• Fit for purpose
• Matching any sample

Business includes anyone who regularly sells, sells business quantities, or operates as trader even if claiming to be "private".

Private Sellers

Limited Consumer Rights Act protection - goods must still be as described, but satisfactory quality and fitness don't automatically apply.

However, basic contract law and misrepresentation still apply. If private seller lies about condition or specifications, that's breach of contract.

How to Tell

• Probably business: Multiple similar listings, professional photos, high volume sales, VAT registered, selling from business premises
• Probably private: One-off sale, personal items, casual photos, selling from home address, no pattern of regular selling

Court Costs

Small claims fees for typical seller disputes:

• Up to £300: £35 court fee
• £300-£500: £50
• £500-£1,000: £70
• £1,000-£1,500: £80
• £1,500-£3,000: £115
• £3,000-£5,000: £205
• £5,000-£10,000: £455

If you win, seller pays these fees back to you on top of your claim amount.

Time Limits

Act quickly - you have 6 years from purchase to sue for breach of contract, but don't wait:

• Evidence disappears (sellers delete listings and messages)
• Sellers close accounts or become untraceable
• Your memory of events fades
• Witnesses forget details

For Consumer Rights Act claims (goods not as described, not satisfactory quality), you have stronger position if acting within:

• 30 days: Right to reject and get full refund
• 6 months: Presumption that fault existed at time of sale

Success Rate

Claims against sellers have high success rates when you have evidence:

• 50%+ don't respond - Automatic default judgment in your favor
• Evidence is straightforward - Listing screenshots + photos of what arrived = clear breach
• Small amounts - Judges know £100-500 claims aren't worth fabricating
• Burden of proof - For many defenses, burden shifts to seller to prove their claims

If you have screenshots showing seller advertised X, payment proof, and photos proving you received Y (or nothing), you'll almost certainly win.

When Sellers Disappear

Many scam sellers delete accounts after taking money. This doesn't stop you:

• Use the details you have (name from payment, phone number, partial address)
• File claim with available information
• Court can order platform to disclose seller details
• Alternative service methods (via platform, email) may be allowed

Even if seller is difficult to locate, filing claim creates legal record and judgment against them. They may surface later or you may find assets to enforce against.

PayPal/Platform Protection Isn't Enough

Platform buyer protection has major limitations:

• Strict time limits (often 30-180 days)
• Doesn't cover all payment methods
• Seller dispute processes favor sellers in unclear cases
• No compensation beyond refund - no damages for your losses
• Frozen funds if accounts closed

Court claims give you:

• 6 years to claim
• Full damages including consequential losses
• Interest on amounts owed
• Enforcement mechanisms against seller's assets
• Legal judgment on public record

Take Action Today

You trusted a seller. You paid your money. They either sent nothing, sent fakes, sent wrong items, or sent damaged goods. They've breached the contract and they owe you compensation.

Don't let sellers get away with taking your money and not delivering what they promised. Whether it's Facebook Marketplace, Gumtree, Vinted, or any other platform - sellers have legal obligations that courts will enforce.

Start your breach of contract claim now. Get your money back plus compensation for all the hassle they've caused. Hold dishonest sellers accountable.