hired caravan now ebayer ceased trading!!!

nccj

I have been in contact with Trading Standards in Ipswich who have been very helpful.

They are making a case against Mr Fisher (Blue Sky Lettings)

The more people contact them, the better case they will have.

Their number is 01473 584368

Thanks, hope this helps

DebtHater

nccj wrote: »

I have been in contact with Trading Standards in Ipswich who have been very helpful.

They are making a case against Mr Fisher (Blue Sky Lettings)

The more people contact them, the better case they will have.

Their number is 01473 584368

Thanks, hope this helps

Have read this thread with interest.

Sorry guys, dont want to dishearten you but Trading Standards wont do anything about it. I've been there and done it in a similar situation.

The best and I think the only recourse is via the Small Claims Courts. This looks very much like an open and shut case, you paid money for a holiday/caravan and therefore have a contract with the other party, be it company or individual. You havent received, or you have been told that you wont receive, the caravan, therefore the contract has been broken and you are therefore intitled to a refund.

If you choose to go down the SCC route, which I highly recommend, you will need to do the following:

1) Send a letter (recorded) explaining your complaint and stating that they have 14 days to settle the debt, or you will be taking further action through the courts. Keep a copy of this letter, the court will want to see that you have given the option of a resolution.
2) After 14 days, if nothing received, log on to http://www.moneyclaim.gov.uk/ to submit a claim with the court.
3) You will need to pay the initial court costs, but these are awarded back to you if you win
4) Submit your claim, they dont want the full story yet, just brief details, you will get your chance to put your full story across later.
5) They will send the claim form to the other party, who will have 14 working days to respond. He can choose to either admit the claim in full, admit in half, acknowledge the letter (if he needs more time for defense) or submit a full defense.
6) Ignoring the claim form will result in default (automatic win for you) and you can then proceed with claiming the money via court baliffs
7) If they dont ignore the form, the courts will send you a questionnaire asking you what dates you can attend court etc

I have been down this road before and won, and am now again in the same situation but this time over a faulty car sold to me on eBay, so I know what the procedures are if any of you need any help.

It looks like we are all learning the hard way about eBay, I for one am never using it again.

nccj

I payed £1000 for 3 caravans.

Can i claim the £1000 or would we need to do 3 seperate £333.33 claims?

I don't know if SCC has a maximum claim?

(And can anybody please PM me his home address?)

Thanks

DebtHater

nccj wrote: »

I payed £1000 for 3 caravans.

Can i claim the £1000 or would we need to do 3 seperate £333.33 claims?

I don't know if SCC has a maximum claim?

I am presuming you paid £1000 to the same individual noted in this thread earlier?

If so, the £1000 would be classed as one debt, so you can just submit 1 claim for the full amount. Submitting 3 claims will result in 3 lots of court costs, only 1 lot of costs can be awarded back to you!

"Small Claims" is the name of the procedure for claiming smaller debts, all claims big or small are dealt with by a County Court.

The maximum claimable amounts via the "Small Claims Track" are as below:

If submitting locally/via post at the County Court:
Maximum amount claimable: £5,000
Dealt with by the defendants local county court
The initial court cost payable by claimant: £30 minimum, dependant on claim amount

If submitting online, via the Money Claim link I posted in my last post:
Maximum amount claimable: £99,999
Dealt with online, via the Court Document Clearing Service.
Note: If the claim is defended, it will be transferred to a county court. Money Claim Online is just an easier way to file documents as it can be done from home and documents can not get lost in post.
The initial court cost payable by claimant: £30 minimum, dependant on claim amount

So for your case, a £1000 total debt, you will need to pay an initial £80 to submit the claim.
In the past, I have paid £120 in court costs and then had it refunded at the end.

It is therefore important, that while in context everyone seems to be in a win-win situation regarding any court cases, each case may be different and will be decided on its merits in a court of law. While I make recommendations that the court cases will win, this is just based on purely what I have been told in previous posts and my own experience in court, it is not to be taken as a guarantee that you will definately 100% win.

ConsumerDirect will be able to point you in the right direction for free legal advice over the telephone, state your case and see what the legal people say before starting a claim. Telephone number is 08454 040506 (free from BT lines as it is 0845)

And it may be worth noting that you have dealt with a business entity throughout - everyone has mentioned a LTD company name on headed paper. This will definately strengthen your case as businesses have more regulations than normal private sellers.
If he is trying to pass himself off as a business or defraud a business of their good name, he will be committing criminal offences and the Small Claims Court judge can commit certain parts of the case to the local police/magistrates court if he/she feels a criminal law has been broken.
Also, when purchasing from eBay, you have extra protection not only from the Sale of Goods Act but also the Distant Selling Regulations.

Hope this helps.

little_evo

Hello, I just wanted to say to everyone how astounded I am this has happened to so many people and sincerely hope you all can get your money back. We booked a chalet in Great Yarmouth back in February with someone off ebay and got so worried about if we were dealing with a genuine person we contacted people who had also booked a holiday through them to make sure they were legitimate and luckily for us they are as we go on holiday this Saturday. Best of luck to everyone on here dealing with this person.

nccj

DebtHater wrote: »

I am presuming you paid £1000 to the same individual noted in this thread earlier?

Hi

Yes, he did me a "deal" for 3 caravans if booked all together!

Good deal eh?? :mad:

jackiepoems

Hi, To all affected by this, check out story in Ipswich Evening Star. It makes very interesting reading folks! Picture of our "apologetic" friend in there too.:THas he thought of going into acting, he would make a fortune? By the way, the paper asks for comments. Anybody got one?

nicolakershaw

jackiepoems wrote: »

Hi, To all affected by this, check out story in Ipswich Evening Star. It makes very interesting reading folks! Picture of our "apologetic" friend in there too.:THas he thought of going into acting, he would make a fortune? By the way, the paper asks for comments. Anybody got one?

CONFUSION is that what he calls it i call it fraud myself. he knew exactly what he was doing

charis18uk

nicolakershaw wrote: »

CONFUSION is that what he calls it i call it fraud myself. he knew exactly what he was doing

here's the link:

http://www.eveningstar.co.uk/content/eveningstar/news/story.aspx?brand=ESTOnline&category=News&tBrand=ESTOnline&tCategory=xDefault&itemid=IPED05%20May%202009%2013%3A33%3A15%3A550

Have you booked a holiday with Blue Sky Letting? Write to Your Letters, Evening Star, 30 Lower Brook Street, Ipswich IP4 1AN or e-mail eveningstarletters@eveningstar.co.uk.

DebtHater

charis18uk wrote: »

here's the link:

http://www.eveningstar.co.uk/content/eveningstar/news/story.aspx?brand=ESTOnline&category=News&tBrand=ESTOnline&tCategory=xDefault&itemid=IPED05%20May%202009%2013%3A33%3A15%3A550

Have you booked a holiday with Blue Sky Letting? Write to Your Letters, Evening Star, 30 Lower Brook Street, Ipswich IP4 1AN or e-mail [EMAIL="eveningstarletters@eveningstar.co.uk"]eveningstarletters@eveningstar.co.uk[/EMAIL].

I like the way he says "if I win the case against Butlins, I will refund customers"

Thats a big "if" pal, Butlins is a large company who no doubt have a few lawyers who would rip shreds out of him in court.

I doubt anyone will get there money back unless they take their own legal action.