How do I tell if I bought from a trader or a private seller?

Traders sell as part of a business — high listing volume, branded packaging, professional-looking listings. Private sellers are individuals selling personal items occasionally. Some platforms badge accounts; if not, trade activity is the test, not what they call themselves. A "trader pretending to be private" is still a trader in law.

Should I use the platform protection or small claims first?

Always start with the platform protection — it is faster, free, and the platform refunds you directly. Small claims is the fallback if the platform refuses, the case is outside their scheme, or you bought via Facebook/Gumtree where there is no platform protection.

Can I sue the platform itself?

Generally no. Platforms position themselves as intermediaries with terms that disclaim liability for seller conduct. The contract is between you and the seller. There are exceptions where the platform itself made misleading statements or breached its own buyer-protection promise, but they are narrow.

I paid by PayPal — what protection do I have?

PayPal Buyer Protection covers most goods (not services, custom items, real estate, vehicles). Open a dispute within 180 days of payment. PayPal refunds you and recovers from the seller. This works even on platforms with no native buyer protection.

I paid by credit card — section 75?

For purchases between £100 and £30,000, the credit card provider is jointly liable with the seller under section 75 of the Consumer Credit Act. Claim against your card provider — they cannot refuse on the basis that you used PayPal in between, as long as the chain of payment is clear.

Time limit for marketplace claims?

Six years for breach of contract or misrepresentation against the seller (Limitation Act 1980, s.5). Platform protections have much shorter windows — eBay 30 days, Amazon 90 days, Etsy 100 days, PayPal 180 days. Use platform first, court as fallback.

eBay, Amazon, Vinted, when something goes wrong.

When marketplace buyer protection isn't enough — how to claim through small claims court for items not as described, not delivered.

Amazon (third-party sellers)

Facebook Marketplace

How to claim against an online marketplace seller through small claims court

Steps to take when marketplace buyer protection fails and you need to recover money through the courts.

Exhaust the platform dispute process

Open a formal dispute via the marketplace (eBay Money Back Guarantee, Amazon A-to-z, Vinted buyer protection). Document every step and screenshot the outcome.

For traders, you sue the business. For private sellers, you sue the individual. A "private" listing from a seller with 500 transactions may still legally be a trader.

Write to the seller formally

Email the seller stating the item was not as described or not delivered, the amount you want refunded, and a 14-day deadline before you issue a court claim.

Send a Letter Before Action

If they do not respond, send a formal Letter Before Action. For traders, give 30 days; for private sellers, give 14 days.

File via Money Claim Online

Issue your claim via MCOL. Include the item price, any return postage costs, and the court fee. Attach screenshots of the listing, dispute, and correspondence.

Get your money back through the payment first

Before a court claim, work through how you paid. These routes are free, they are faster than issuing, and they do not require you to identify or locate the seller.

Credit card, item between £100 and £30,000
— section 75 of the Consumer Credit Act 1974 makes the card provider jointly liable with the seller. You claim against your own card company, and the protection applies even if you only paid the deposit by card.
Debit card, or credit card outside those limits
— ask your bank for a chargeback. It is a card-scheme rule rather than a statutory right, and there are time limits, usually measured in months from the transaction or expected delivery.
PayPal, or a marketplace’s own protection
— open a dispute inside the platform’s window. Those windows are short and strictly applied, so open it before you exhaust the seller’s goodwill.
— no chargeback exists. If you were tricked into sending it, that is authorised push payment fraud and belongs with your bank under the reimbursement rules rather than in the county court.

Use these in order. A court will reasonably ask why you issued a claim when a free remedy sat unused, and a refused section 75 claim is itself useful evidence.

Finding out who you are actually suing

A claim form needs a name and an address for service. A username is neither. This is the single most common reason marketplace claims stall, and it is worth ten minutes before you pay a court fee.

Marketplaces must display a business seller’s trading name and geographic address. Check the seller’s profile and the listing footer.
If a company name appears, search Companies House for the registered office and the exact legal name. Suing “Dave’s Tools” when the contract was with a limited company gets your claim struck out.
Keep the despatch note and packaging — a return address is often the only physical address you will get.
If the trader is outside the UK, enforcement is the real problem rather than winning. Weigh that before you spend the fee.

Screenshot the listing, the seller’s details and your messages now. Listings are routinely deleted once a dispute starts, and a screenshot taken today is worth more than a description written in three months.

Platform protections

Most marketplace disputes resolve through the platform’s own buyer-protection scheme — faster and free. Use platform first, court as fallback.

Your legal rights — trader vs private seller

Seller type	Your protections
Trader (business seller)	Full Consumer Rights Act 2015 protections — satisfactory quality, fit for purpose, as described. Plus 14-day right to cancel under Consumer Contracts Regulations 2013 for online purchases.
Private seller	"Buyer beware" applies. The seller must not misrepresent the goods, but otherwise no implied quality terms. Your only claim is misrepresentation or breach of an express promise.

When to use small claims

You missed the platform’s claim window (eBay 30 days, Amazon 90 days, Etsy 100 days)
Platform refused your claim and you disagree
You bought via Facebook Marketplace or Gumtree where there is no platform protection
The seller is a UK trader who took payment off-platform after introducing you on the platform
The claim involves loss beyond the item itself (delivery costs, replacement hire, consequential damage)

Always exhaust platform protection first — courts expect you to mitigate by using free remedies before bringing a claim.