Taking a company in England to court (am in Scotland).

Siren1

Hi all

I bought an item off Ebay in August 2010, it was a hoover. It was delivered to me and on the first use, it broke, so got in touch with the seller and he arranged to collect it. I haven't received it back yet. The seller claims he tried to deliver to my original delivery address, which was my old work address but I have moved, and therefore don't work there anymore. I have asked him to deliver to my house and he claims he is legally obliged by Paypal to deliver to original address. I posted a thread on here asking if it was true and was told he is not covered as it's a re-delivery and not the original delivery. I contacted my old work and they told me that nobody has delivered anything for me. The vendor is not answering my emails (through Ebay), or my phone calls, he has not responded to letters I have sent him and whenever I call I get no reply. Last month I started a claim against him in the Northampton County Court (through MCOL, he lives in that area) and it was dismissed because I live in Scotland. Can anyone advise if I am to go through the scottish courts even though the vendor is in England? I just cannot let him get away with ripping me off like he has.

Sorry for the long thread, thanks for reading.

mvteng

I found this website really usefull. In the end, the threat was enough to get a response, & I didnt have to go through the whole procedure, but there are some helpful template letteres you can use.

http://www.scotcourts.gov.uk/sheriff/small_claims/guidance_notes.aspseful

Siren1

Hi

Thank you, can you check the link you sent, as it tells me that page cannot be found...

Thanks for replying.

goldspanners

copy and paste the main part of the link then.

is it too late to open a dispute against the seller?

i take it ebay and paypal have been of no use as usual?

Siren1

goldspanners wrote: »

copy and paste the main part of the link then.

is it too late to open a dispute against the seller?

i take it ebay and paypal have been of no use as usual?

Sorry, will do, thanks.
Yes - already tried, because it went past the 45 days (in which time seller had collected the hoover and was meant to be fixing to send back to me) neither Ebay nor Paypal are interested. It really puts me off ever buying anything from Ebay again, he had 100% positive feedback - however - I was unable to leave feedback as I thought I would do it once I got the hoover returned, and apparently you only have 60 days to do this, if I was to leave feedback now it would have to be censored !!

podperson

You can't do it from the courts website but if you send the paperwork directly to the local English court then you can do it that way (am in the process of a claim myself). I believe you can also start a claim in Scottish court since as the claimant you are covered by Scottish law.

Owain_Moneysaver

You say a company, if the seller is a business you can usually take the seller to court in the consumer's local court, and in this case you would claim that the place for performance of the contract is Scotland as that's where the item is supposed to be delivered.