small claim court across scottish/english system

scooby79

hi, i live in scotland and bought a gearbox of ebay using paypal described as good working order. i fitted gearbox and it turned out to be faulty.

i opened paypal dispute to inform seller of fault so all communication was on record. the seller agreed to refund if i posted item back with postage costs both ways included. paypal was funded from debit card btw.

they are now claiming not have recieved item but i checked with courier today and they have records that it was indeed delivered last week and can even give the time.

i am now awaiting sellers response but they are obviously trying to be difficult. now as far as paypal is concerned i could escalate it to a claim but i believe i am not covered for return postage, quite expensive given weight.

further options appear to be using the small claims court, if seller doesnt get back to me in next day or so. however this leads me on to my question. Is there anyway i can lodge a small claim in my local court in scotland against an english company? reading up it appears that you need to file claim in sellers local court, for which i myself would need to provide an english address for correspondance to be sent to.

cardinalbiggles

As far as I know you can take an English company to a Scottish court under Scottish law. As far as you are concerned you are bound by the laws of the country you reside in which is Scotland and anyone selling you anything in the UK must adhere to the law where the customer resides.

You will see some websites terms stating that any disputes must be under English law, this is nonsense as they cant take away your rights. Some of the better ones do state that if you are in Scotland then Scottish law applies etc. etc.

The court you lodge your small claim in is your local court, or a court of your choosing, not the sellers.

Your local court should be able to help you with information about this I would have thought.

This is my impression on how things work I may be wrong.

pinkshoes

Which courier was it? Are you SURE that the courier delivered it to the correct address? Is the signature definitely that of the guy you returned it to?

I would speak to your courier first, and clarify everything. It's common that they leave them in bins, forge signatures etc...

Have you filled in the bit on the paypal dispute giving the return tracking number to show it's delivered?

scooby79

it was nightfreight and gearbox was on a large pallet so not the kind of thing you would miss. they required destination postcode and consignment number before checking their records.

thats a good point about ebay dispute. no i didnt even know it existed. i will go and have a search around for place to enter tracking number. thanks