Small claims court

bo_drinker

Has anyone here had to use a claims court due to not receiving goods paid for not using paypal. I am trying to re claim £100. Thanks

soolin

Why have paypal not paid out?

bo_drinker

soolin wrote: »

Why have paypal not paid out?

No sorry I should have explained, I paid for the item with a cheque at the request of the seller, who has 100% feedback, so ebay are trying to resolve it but no joy. I have sent a rec del letter stating I will place a claim if I need to, tried phoning etc and emailing. They did pick the phone up when i used the web phone and claimed to be another person (it was them) I intend to pursue them for it, just wondering if others had any joy etc??

soolin

bo_drinker wrote: »

No sorry I should have explained, I paid for the item with a cheque at the request of the seller, who has 100% feedback, so ebay are trying to resolve it but no joy. I have sent a rec del letter stating I will place a claim if I need to, tried phoning etc and emailing. They did pick the phone up when i used the web phone and claimed to be another person (it was them) I intend to pursue them for it, just wondering if others had any joy etc??

Du'h sorry, I completely misread your post.

I suppose the first question would have to be have you got a 100% accurate name and street address for the seller as without that you can't even raise a claim. If you do raise a claim then you will need to be prepared to travel to their local court to be heard and even if you win you have to take further steps to try and actually reclaim the money.

RFW

bo_drinker wrote: »

Has anyone here had to use a claims court due to not receiving goods paid for not using paypal. I am trying to re claim £100. Thanks

It could end up costing you a lot more than £100 and you may still not get any return. You need some legal advice or try the Citizen's Advice Bureau.

bo_drinker

I have name and address(I sent a cheque) also a contact phone number (mobile). If I need to go to their home town or what ever I will do but I will claim all expenses. Maybe I should warn them of this first as the debt will double at least

theonlywayisup

bo_drinker wrote: »

If I need to go to their home town or what ever I will do but I will claim all expenses. Maybe I should warn them of this first as the debt will double at least

Warn whatever you like. The debt can be whatever you like, but in the real world, you probably won't see a penny.

Penelope_Penguin

bo_drinker wrote: »

I have name and address(I sent a cheque) also a contact phone number (mobile). If I need to go to their home town or what ever I will do but I will claim all expenses. Maybe I should warn them of this first as the debt will double at least

It's usual to send the other party a Letter Before Action, laying out exactly what you're asking for, before applying to court. You then give them a certain length of time to refund you (state this time period clearly in the letter). I always advise people to allow another 7-10 days on top of this before completing the forms.

If you go to Small Claims, remember that you can add your costs, and reasonable sums for your time. And even if you win, you may not get your money without enforcing the judgement, and often, not even then

In many cases the Letter BA works a treat

See Advice Guide for more info.

bo_drinker

Penelope_Penguin wrote: »

It's usual to send the other party a Letter Before Action, laying out exactly what you're asking for, before applying to court. You then give them a certain length of time to refund you (state this time period clearly in the letter). I always advise people to allow another 7-10 days on top of this before completing the forms.

If you go to Small Claims, remember that you can add your costs, and reasonable sums for your time. And even if you win, you may not get your money without enforcing the judgement, and often, not even then

In many cases the Letter BA works a treat

See Advice Guide for more info.

I have sent the letter and given a date, no reply. Will give a couple of days over that date then claim.

bo_drinker

theonlywayisup wrote: »

Warn whatever you like. The debt can be whatever you like, but in the real world, you probably won't see a penny.

People are s c u m at the end of the day, they deserve a ccj at least....

Pitlanepiglet

I'd send them a copy of the Claim Form 7 days before you send it to the Court and tell them it's their final chance...

Can you fully evidence the contract and breach of contract? What do they say for why you haven't received the goods?