Small Claims Court Viable?

lincroft1710

I'm now starting think the OP is a troll.

arcon5

lincroft1710 wrote: »

I'm now starting think the OP is a troll.

why?

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lincroft1710

arcon5 wrote: »

why?

Everytime someone tells OP something, often the same thing and often something that is plain common sense he wants to continue to question it.

Keplar

I am not a troll, I am the seller, posing as the buyer. I need to know clearly where I stand, which is why I am asking the same questions, attempting to get solid answers.

I cant afford for this to go to a small claims court, and risk the chance of a CCJ simply because the buyer wont return my item. I need clear evidence so I can tell the buyer he needs to return my item first before I give him a refund, because he is very for the small claims court if I refuse to send a refund first before inspecting the product.

bris

You won't get a ccj, you would only get a ccj if you refuse to pay, if it goes against you. You get 14 days to pay before a ccj is put on your file.
If you had been honest in the first place this could have been cleared up in one page.

Hintza

Contact your buyer and tell them you are only willing to refundif they send the item back within 7 days otherwise you will deem they have accepted it. They have robably swapped it for their one that is knackered.

How long have they had the item?

Keplar

Hintza wrote: »

Contact your buyer and tell them you are only willing to refundif they send the item back within 7 days otherwise you will deem they have accepted it. They have robably swapped it for their one that is knackered.

How long have they had the item?

He received the board at 8.40am last friday, he has used it up to this monday as far as I am aware. I offered him to refund him on friday at 12.30pm, priro to receiving the board which he will send on friday for delivery on sat.

So i assume he is breaching his own rights if he doesnt send the board to me before 8.40am on friday, or 7 days later?

To, the above poster, if I agree I owe the buyer money, I do get a ccj still, do I not?

Keplar

Just rea that under DSR's, I cannot insist on the return of goods before issueing a refund, is this true? as online companies require a item sent back before they issue a refund?

arcon5

Keplar wrote: »

Just rea that under DSR's, I cannot insist on the return of goods before issueing a refund, is this true? as online companies require a item sent back before they issue a refund?

DSRs are for business sellers. Private sales are a case of caveat beware. They therefore don't apply here.

arcon5

Keplar wrote: »

I am not a troll, I am the seller, posing as the buyer. I need to know clearly where I stand, which is why I am asking the same questions, attempting to get solid answers.

I cant afford for this to go to a small claims court, and risk the chance of a CCJ simply because the buyer wont return my item. I need clear evidence so I can tell the buyer he needs to return my item first before I give him a refund, because he is very for the small claims court if I refuse to send a refund first before inspecting the product.

The truth comes out.

There is no definitive answer.

You've offered a refund, even if they did go to court they would be awarded nothing more than a refund - it's likely a judge would NOT award costs because you agreed to a refund if the buyer returned the goods.

The buyer can either:

- send the goods back straight away and get the refund
- not send the goods back, file a court case (£35), attend a hearing about 6 weeks later (£60)

Court can be lengthy and the initial outlay can get costly. If the buyer wants the hassle of that the so be it!

It's all about what is 'reasonable'.

bris wrote: »

You won't get a ccj, you would only get a ccj if you refuse to pay, if it goes against you. You get 14 days to pay before a ccj is put on your file.
If you had been honest in the first place this could have been cleared up in one page.

28 days

lincroft1710 wrote: »

Everytime someone tells OP something, often the same thing and often something that is plain common sense he wants to continue to question it.

Aye, although I was thinking something other than troll in this case :D