being sued on ebay

Snakeeyes21

hethmar wrote: »

unfortunately in small claims court even if you win you are unable to reclaim your own costs.

Not strictly true, the magistrate has the discretion to award costs, usually they only do so when its a consumer vs a business, but they can and do award costs when its consumer vs consumer.

WychWeird

As I've recently been looking at the small claims route, it's well worth looking at the advice:
http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm

And as for what you can claim:

What other costs might I be able to claim if I win?
[FONT=Arial,Arial][FONT=Arial,Arial]Other costs you may be allowed include: [/FONT]
[FONT=Arial,Arial]• any court fees you have paid; [/FONT]
[FONT=Arial,Arial]• an amount of not more than £[/FONT][/FONT]2[FONT=Arial,Arial][FONT=Arial,Arial]60 for legal advice if your claim included an application for an injunction (an order to stop someone doing something), or an order for specific performance (an order to make someone do something, for example, a landlord to carry out repairs); [/FONT]
[FONT=Arial,Arial]• an amount of not more than £50 per day each for you, and any witness you may have for loss of earnings due to attending the court hearing; and [/FONT]
[FONT=Arial,Arial]• any additional travelling and overnight expenses. [/FONT]
[/FONT]

Taken from:
http://www.hmcourts-service.gov.uk/courtfinder/forms/ex307.pdf
[FONT=Arial,Arial][/FONT]
[FONT=Arial,Arial]And fee costs are here:[/FONT]
[FONT=Arial,Arial]http://www.hmcourts-service.gov.uk/courtfinder/forms/ex50_e.pdf[/FONT]
[FONT=Arial,Arial]
[/FONT]

superscaper

spiro wrote: »

If the buyer takes to seller to Small Claims Court, the buyer gets to pick the court the seller has no right to decide which court it would be heard in.

hethmar is right, it is the defendent's juristiction that takes precendence. Every small claims case I know of personally where the claimant and defendent were in different juristictions it always ended up being held in the defendent's juristiction.

hethmar

In theory, I agree the Judge can make discretionary awards, in practice we have found that it doesnt happen guys

We have had a case dragged out by the defendant for 4 years now and its cost an horrendous amount of time money and stress but what you believe you can do and get bears no resemblance to what happens in the court I can assure you. And even when you get judgment - as we have - you then have to actually get that money paid to you. Its out of the Court hands, down to you to chase the payment of the money owed which costs you more money. In the end the cost of the case is by far much more than the original amount owing to you. The laws an !!!.

samprowse

the problem is he has spent over £500 in taking me to court, he has to pay £150 for each court hearing, there has been 1 so far and another in feb. plus he has to pay his own traveling costs and other court fees. is this man crazy or what or does he know what he is doing?

samprowse

yes this post is real, sounds very crazy i no???

pitkin2020

it maybe costing him money now but if he wins the case he may ask for the judge to make you pay for the costs

pendulum

It doesn't seem crazy to me. He entered into a contract with you to buy an item at a good price, but you broke the contract. Now he's suing you for his loss. If I had to guess I would say that yes, he knows what he's doing and he's probably got experience with the legal system. His claim is the JetSki was worth £2000 more than he bought it for and no doubt he can prove that, so he expects £2000 from you as loss of bargain. Even if he just gets the £2000 and isn't awarded costs, he'll still be well in profit if he wins, and if he gets costs too then he's minted

You messed with the wrong eBayer!