Small claims court

bo_drinker

Pitlanepiglet wrote: »

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?

They won't reply to emails, ebay have opened a dispute etc... nothing. They would not answer phone, did the one time and claimed to be the sellers boss. It was him but I didn't say and he said someone will call me...... nothing.

theonlywayisup

bo_drinker wrote: »

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

I agree, but rarely this happens.

RFW

bo_drinker wrote: »

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

Getting a CCJ against someone doesn't mean you'll get your money back. If they've already got a couple of CCJs or more, one more won't make any difference to them.
Even if it goes to court and all charges are granted and the other party are around they could end up paying £1/month back.
Before taking out a claim, its worth knowing all the risks. Most big companies won't bother taking out a claim below a certain figure as the costs won't be worth it, this is why they sell debts on.
Its all very well saying how and what to do but as others have said a successful claim in no way means you'll get any money back especially if the other party knows how to play the system. You could end up just throwing more money away.

Aputsiaq

RFW wrote: »

Getting a CCJ against someone doesn't mean you'll get your money back. If they've already got a couple of CCJs or more, one more won't make any difference to them.
Even if it goes to court and all charges are granted and the other party are around they could end up paying £1/month back.
Before taking out a claim, its worth knowing all the risks. Most big companies won't bother taking out a claim below a certain figure as the costs won't be worth it, this is why they sell debts on.
Its all very well saying how and what to do but as others have said a successful claim in no way means you'll get any money back especially if the other party knows how to play the system. You could end up just throwing more money away.

Maybe he will, maybe he won't. You cant really compare big businesses with a one time private seller can you? It isnt worth a big business running after £100 but it is for the OP.

OP, small claims doesn't cost that much and in fact it is free if you are on certain benefits.
Some people aren't too worried about ccj's but a lot are. All of this migth be something he thinks he can get away with because "Whos going to bother taking me to court"
A form arriving on his doorstep might worry him.

martindow

Aputsiaq wrote: »

OP, small claims doesn't cost that much

As has been said, the defendant can have the case transferred to their local court which can involve you in travelling costs.

You need to think carefully about splashing out more money with no guarantee of getting paid (even if you win the case). Don't let emotion overcome reason.

You're best best is that the threat of action makes them pay up

RFW

Aputsiaq wrote: »

Maybe he will, maybe he won't. You cant really compare big businesses with a one time private seller can you? It isnt worth a big business running after £100 but it is for the OP.

OP, small claims doesn't cost that much and in fact it is free if you are on certain benefits.
Some people aren't too worried about ccj's but a lot are. All of this migth be something he thinks he can get away with because "Whos going to bother taking me to court"
A form arriving on his doorstep might worry him.

As I said getting legal advice would be better than asking on a forum. As others have said if the defendant chooses to defend it costs extra money for the plaintiff, if they have to travel to the defendant's court that also costs extra. If they win the case and the defendant is on benefits, has no assets and is ordered to pay £1 per month what good is that?
Big business can actually afford to throw more money at chasing bad debts rather than a private individual, the fact that they often choose not to suggests that they have weighed the options and found it not to be worthwhile.
The OP has to weigh up the possibility of spending what could be double the initial debt before getting any return and the possibility of never getting any return.
Personally I'd be chasing it all the way (using other possible avenues and authorities to help) and would probably consider a small claim too, I was just pointing out the downsides without knowing all the initial facts. Other possible help (depending on the case) can come from the police, trading standards, the banks cheque was sent from and to. Not that all or any of those would be any help but no harm in asking before throwing more money at it.

bingo_bango

Pitlanepiglet wrote: »

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...

I wouldn't. It's an offence to imitate the court by sending official court papers privately. You can find yourself jailed for contempt if you employ such a tactic (even if it's obvious that you are sending it for info only!).

Vomityspice

bingo_bango wrote: »

I wouldn't. It's an offence to imitate the court by sending official court papers privately. You can find yourself jailed for contempt if you employ such a tactic (even if it's obvious that you are sending it for info only!).

Call it a Part 36 Offer and you will be fine!

bo_drinker

I'm confused. I have received a refund for the item through Paypal (not inc postage) even though I paid with a cheque....... Is that right ?? I didn't expect it??

Pitlanepiglet

bingo_bango wrote: »

I wouldn't. It's an offence to imitate the court by sending official court papers privately. You can find yourself jailed for contempt if you employ such a tactic (even if it's obvious that you are sending it for info only!).

Sorry that's not good advice. I'm not suggesting faking service, I'm suggesting a final letter that says "here's the copy claim form, if you don't response I'll file it at the Court". Where in the CPR or in Law (if you say it's an offence) is that prohibited?