More of a legal issue - but need advice r.e - small claims court

redsclubbedup

An ongoing saga ! Basically was very silly and refunded £500 to ebay buyer, who then never returned item (2 years ago)

went to small claims, against him and his girlfriend

Did this as he won ebay auction BUT paypal payment and subsequent refund were to his girlfriends bank account

Court found in my favour against him (defendant1) but he has done a runner / baliffs cant get a hold of him

Defendant2 (the girlfriend) put in the defence that contract was between me and him, and just because money was from her bank account and refunded to it, she was in no way responsible

In short, I now have the option to persue her through court (judge has said he will hear case and estimates 1.5hours to do so) - but its a 300+ mile drive / overnight stay etc... so I am trying to weigh it up - on the plus side i have her work details, so know I will be able to get an attachment of earnings, and get the £500 odd back if i win

Main question is - does anyone know if I would likely win ? or is her defence valid ?

Thanks

bingo_bango

On the basis that the court originally accepted the GF as a joint defendant in the case, I don't see why not (they did give you a judgement against both parties, didn't they?).

It's not very clear from your post whether or not the judgement was against the first defendant or both. If though the judge has already said he will hear the contest against her, I would suggest that they believe the case to have merit. They wouldn't have agreed to hear it otherwise.

It really depends on what was said at the first case, as you don't say whether the defence put forward by the GF was accepted, or if they were found against also.

redsclubbedup

thanks for the reply

The girlfriend stated that the agreement / contract was between her boyfriend and me, so she was not involved. Other than the fact she had paid / received the refund

I went after the boyfriend as he did not respond at all - so the court automatically found in my favour.

AS he is not reachable- but she is I asked that they put an attachment of earnings onto her, as she was the other named defendant

I have now been told the court can't do this, as she had put in a defence, so I would have to travel to the court (I can't have it transferred) for the hearing (estimated at 1.5 hours)

Hence the earlier question - am I likely to win - or just loose even more money and time, pursuing this further ?

bingo_bango

Like I had said earlier, it's up to the judge to make the ultimate decision about liability, but only one person can answer the question about whether or not it's worth pursuing.

I would suggest that the fact you are even querying that aspect should go some way to influencing your decision.

still_savin

bingo_bango wrote: »

I would suggest that the fact you are even querying that aspect should go some way to influencing your decision.

An extremely astute answer.