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Non reciept of goods and too late to file

i ordered an electric scooter for my son, won and paid on 27 SEPTEMBER!!!

paid by paypal, waited patiently expected the item within 2 weeks, no word, emailed 5 times, no word, by now it is 4 weeks later between waiting on responses.

requested contact details called up got shouted at, got a response to an email that said id receive scooter by following wed, did not, emailed another few times,

finally he emailed me and said I was trying to scam HIM and provided details of registered post which said it had been signed for by somoene of my surname in BH10 area???? i live in E4 and had sent him the postal address at least 6 times

not a word since and i am now outside the time limits to claim with either ebay or paypal


oh i also went to the squaretrade thing with this and guess what ..... nothing

any ideas as to what i can do? the funds were taken from my Switch card which i dont think is a visa

i am fuming that scooter was for my sons birthday which was the 18th OCTOBER it is now december ??? >:(

Comments

  • Nostromo
    Nostromo Posts: 430 Forumite
    Youve left it far too late to anything other than contact the police and take the git to the smalls claim court.
  • oh gosh does anybody know the procedure with the small claims court and will it cost me? :(
  • soolin
    soolin Posts: 74,429 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    oh gosh does anybody know the procedure with the small claims court and will it cost me? :(

    Start by looking at the following link:

    https://www.moneyclaim.gov.uk/csmco2/index.jsp

    or this one:

    http://www.adviceguide.org.uk/index/your_rights/legal_system/small_claims.htm

    The advice seems to be to issue a formal letter first giving the 'defendant' a time limit in which to respond. I would suggest sending a letter by recorded post with say a 10-14 day period for repaying you in full.

    When you have that documented you can start the small claims procedure.

    I know that when I was looking for a small claims result on a non ebay matter I saw mention of the initial registration fees of £30, but I cannot find the fee structure anywhere at the moment, you may have to search through the above links for more information.

    Soo
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • There was a story in the Daily Mail yesterday about an ebay seller who was jailed for selling non existent Glastonbury tickets. The "seller" claimed that they had all been lost in the post.

    I would contact the police.
  • bleugh
    bleugh Posts: 1,796 Forumite
    where does the seller live?,

    not that i'm condoning a bit of vigilante car damaging justice.......
    money saving my @rse.
    I've spent 10x as much as I would if I had never discovered this website :-)
    :: No Links in signatures please - FM ::
  • i threatened him with the small claims and the police and this was the responce ..........

    go to the police aor small claims court if you wish..

    fact 1) civil goods matter - police will not get involved!!

    fact 2) court costs will exceed £80 - more than the scooter - and you will be liable to pay them!!!

    :o ???
  • MarkyMarkD
    MarkyMarkD Posts: 9,912 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Court costs are NOT £80 and HE will have to pay when he loses the case. But you do have to stump up in the first place.

    Court costs are £30 for a claim of up to £300.

    You would also face additional costs in enforcing a judgement but these are ALL recoverable from the guilty party.

    To do the small claims court thing go to https://www.moneyclaim.gov.uk/csmco2/index.jsp, register and then follow the instruction. If you want any help or advice on making a claim, pm me.
  • soolin
    soolin Posts: 74,429 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    i threatened him with the small claims and the police and this was the responce ..........

    go to the police aor small claims court if you wish..

    fact 1) civil goods matter - police will not get involved!!

    fact 2) court costs will exceed £80 - more than the scooter - and you will be liable to pay them!!!

    :o ???

    He's right about the police, they are unlikely to want to be involved. However, as Marky mark says although you have to pay upfront for the small claims court if you win he will have to pay your charges and fees.

    However, if you do go through small claims then I understand he can request the hearing to be held near him, not local to you which might be a nuisance. Even if he is found in breach you will still have the problem of actually claiming your money afterwards.

    Good luck though, these bad sellers give ebay a bad name.

    Soo
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • VH
    VH Posts: 501 Forumite
    Hate to say it but I would put this one down to experience and learn a lesson from it. Problem with EBay is that people have little protection if things go pear-shaped.

    The Police will not be interested, and small claims cost could cost you a lot of money if you lose. I wouldn't bother with either of these, I still think your best bet is to negotiate with the seller.

    You could try writing a very nice email to the seller to ask for your money back, but I think the chances of getting anything back are very slim.

    If you still have time though then do leave appropriate feedback to warn other people about this joker.
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