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It seems clear that in principle eBay sellers are subject to either the consumer rights or sale of goods act respectively, depending on whether the seller is a company or individual.

But how does one claim against just the user name? I doubt that eBay would willingly be so cooperative, so is it purely a matter of filing a legal claim, perhaps performing pre action protocol or even serving claim form by eBay messages and then probably seeking an ex parts or default judgment if they don't engage and then ultimately asking the court to compel eBay to disclose the user's name and address?

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  • Which law is applicable depends on the statutes of the buyer; not the seller.
    – Dale M
    Jun 7, 2023 at 22:28
  • I think this question is more oriented toward the mechanics and how of doing this: which civil procedural provisions may be utilised to compel disclosure of the identity? Are there particular forms to be used? Jun 7, 2023 at 23:23

1 Answer 1

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You subpoena eBay

You file your claim against username. You then subpoena eBay to provide all relevant information about username (name, address etc.). You then update your filing.

Of course, you have to complete any dispute resolution clauses that may exist first.

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  • What does this process look like under English civil procedure? Jun 7, 2023 at 23:17
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    @Seekinganswers That’s heading into legal advice territory
    – Dale M
    Jun 8, 2023 at 0:27
  • I would very strongly disagree. Legal information (rather than advice) is not limited to abstract/conceptual notions. "what form can be used to X?" Or, "what form can Bob use to X?" (Eg. Obtain an injunction, wage a civil claim, etc) is a far cry from "how should I X"? Jun 8, 2023 at 10:06

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