How do I go about making a claim in the small claims court?

angelfire

Hi, Yesterday I posted about having bought a phone i've not received from a now unregistered seller that ebay themselves have now warned me about.

I paid by paypal so issued a claim and rang them to enquire further. I was told that the seller is given 10 days to respond and after that time I would be eligible for £105 under ebay's item insurance. This however, would leave me out of pocket.

So, am I able to claim through the small claims court? and if so, how do I go about it? yesterday I was worried, embarrassed and upset at being scammed - today I'm angry annoyed and keen to get ALL of my money back (if this is in any way [possible!)

all help and advice appreciated!

D

frivolous_fay

Before doing this, I would suggest speaking to your credit card provider about doing a chargeback.

This has a reasonable chance of success... assuming of course that you funded the payment with a CC.

rachaelc_2

If you go to https://www.consumeractiongroup.co.uk they should have all the info you need!!

angelfire

frivolous_fay wrote:

Before doing this, I would suggest speaking to your credit card provider about doing a chargeback.

This has a reasonable chance of success... assuming of course that you funded the payment with a CC.

Didn't fund with a credit card I'm afraid, because I haven't got one. After this debacle though, I'm certainly considering it!

frivolous_fay

Bad luck

garyjones1962

Her Majesty's Courts Service online at https://www.moneyclaim.gov.uk/csmco2/index.jsp

bleugh

small claim costs you £30, they get a letter

if they ignore that letter, they have to pay another £30 to call out baliffs

the person then gets a CCJ against their name

Voyager2002

Be aware that you have to pay a fee to make a claim in court. After the hearing the court will issue a piece of paper ordering the person to pay you what you are owed (assuming you win, of course). However, if the person chooses to ignore that piece of paper, then not much happens to him/her apart from ruining his/her credit record. And meanwhile you will have spent the court fee as well as your earlier losses. Worth it for a piece of paper?

jenniferpa

Unfortunately, I think you need a credit or debit card to pay the filing fee if you use moneyclaim online. While I see the point Voyager2002 is making, you can with the court judgement get the ballifs sent in (for a fee, which is recoupable), and often, simply getting that claim is enough to get the seller to cough up the money owed plus the filing fee.