Help!Buyer constantly delaying payment

ashy_mashy

Nope, recieved a letter today saying I will have to contact the court directly to tell them what I have decided to do. I hope there is no charge for the court.

DesG

ashy_mashy wrote:

Nope, recieved a letter today saying I will have to contact the court directly to tell them what I have decided to do. I hope there is no charge for the court.

Did you pay the fee upfront when first making the claim, this covers the costs for the court.

CHeers, Des.

ashy_mashy

yes i have already paid £30

DesG

ashy_mashy wrote:

yes i have already paid £30

OK, that covers you for the initial court hearing.

Good luck with it.

CHeers, Des.

beardface_2

What was the date of issue on your claim?

and what did the letter from the court state? sounds like it the notice of issue.

A hearing will only be ordered if he files a defence and you decide to proceed.

ashy_mashy

ill get the forms an give you the date of issue. Yes he filed a defence and then I recieved the forms and ticked the box saying I would like to continue with the claim and sent it both to the defendent and the courts and then recieved the letter telling me to contact the court.

110frankie

I agree that you should keep the court case going until you have cash in your bank account.
I have used the small claims court and it does work - you have paid for it now, so use it and get your costs back.

bleugh

ashy

phones can be blocked / unblocked at will by the service provider
phone records can be checked by the courts to show when it was blocked, thats not a worry

the small claim can drag on for a while, but make sure you go with it, if you can PROVE that the guy is still at the address where the phone was sent then you can issue a warrant and get baliffs to turn up, costs an extra £30
where is this idiot located in the world?

stand your guns, start ignoring the emails, and when the amount of time lapses pay the £30 for the baliffs and just send him a simple message of 'you now owe me xxx + xxx recovery fees, please pay up'

as always keep a diary of everything

beardface_2

OK if he's filed a defence you should have received a copy of it. Does he say anything interesting?

You should have received an Allocation Questionaire (unless you did it online and it may be a little different). This is basically checking for dates of availability are you calling witnesses, experts etc.

When you have filed them it will probably be transferred to his home court (one of the problems with e-bay claims) then you'll be allocated a hearing date.

Don't expect it to take a long time, the target is 15 weeks from filing AQ's to having a hearing.

ashy_mashy

ok, I know half of you are probably want to kill me when I say this but I really want to get this over and done with and can't be bothered to spend time travelling to court etc. Basically he is going to pay the amount owed originally today via an online bank transfer, so he will not be paying the £30 court fee (I just thought Ill get it over and done with). I told him he has untill today to pay up or I will tell the court that I wish to continue with my claim. When he pays I will wait until friday for the funds to be cleared into my account. If they don't I will send the reply to court to let them know I wish to continue with my claim. If he does pay however, I will send a reply to court saying I wish to postpone the case for a month, just incase he has any tricks up his sleave. I will try and extend the claim for as long as I can (free of charge).

Just a question, once the funds have cleared into my account, can he do any chargebacks or any fraudulent activity of that sort?