Small Claims Court Viable?

Keplar

If it go's to court, I assume I have to be at the hearing, expense I do not want both in my personal and business life. I have proposed to the buyer, that I will draw up a small contract, outlaying terms that the motherboard is in working condition and sent to me on a given date, all this prior to refund, is it a risk and if I decide to do this, is there anything I should include in the contract, other than what ive already stated?

Or what do you guys think I should do, I guy has not yet compromised in this dispute yet and every thing I offer him besides prior refund before return he only disgards.

Hintza

Keplar wrote: »

... expense I do not want both in my personal and business life. .

You are now confusing the issue again. Why did you mention the word business.

Keplar wrote: »

...
Or what do you guys think I should do, I guy has not yet compromised in this dispute yet and every thing I offer him besides prior refund before return he only disgards.

Ignore him. You have told him you will refund on return and there is no more you need to do.

Keplar

Ok so he files a small claims court:

I get it through the post, how long can I hold off giving a refund before I have to go to a court hearing or whatever or get a ccj or any kind of negative financial record? Plus what are his obligations during this process? As I want to consult citizens advice over this issue, but unable to get an appointment this week.

He is continually claiming that the product was described as in perfect condition regardless of it being used or second hand and therefore I can be brought to the small claims court. Even though I read on CAB's website that second hand goods, are not and should not be expected to be of 'perfect quality'. Hence buyer is 100% sure he can get me under sales of goods act in the description section.

arcon5

Read the thread, most of the answers are already in there. Otherwise I agree with Hintza, ignore him, defend a claim in full.

For the rest of this thread, I'm out. There's only so many times a person can go round in circles before getting dizzy

Keplar

even if I have not got the time to defend myself in the claim? it seems to me as if I have no option but to bow to the buyers demands in order for me to get this sorted hasslefree?

fred7777

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.

Well you're going totally the wrong way about it! How about you tell us the complete truth about the situation and maybe, if anyone can still be bothered, someone can help.

gabby66

There would be no ccj against you keplar, unless as already stated you default on any judgement given at a county court.

If this ever went to a court hearing (assuming both parties turn up) the situation would be the buyer turns up with the motherboard as it would be needed as evidence, you make sure you have sufficient money to do a refund and the matter should be settled before the hearing is commenced.

Of course the claimant may want his court fees as well, you as the defendant may want expenses for travelling to a court local to the claimant, but the chances are neither of you would get your way.

The DSR may not apply in this situation but they are a useful guideline as to what is a reasonable way to deal with the matter.

As others are telling you, offer a full refund if the item is returned by a specified date, you can't make the buyer do the right thing.

lincroft1710

Keplar wrote: »

I am not a troll, I am the seller, posing as the buyer

You are a troll!

You've wasted peoples' time by not telling the whole story in your first post (refund offer) and waiting until the 45th post to identify yourself as the seller.

Keplar

thats because most other boards will have a bias opinion if your not the buyer. Not wasting time at all, just need to know both sides of the coin on this one.

lincroft1710

On the contrary you were wasting time.

All you had to do in your first post was state all relevant facts in chronological order and ask our opinion of whether we thought you had done the right thing and the likely outcome if there was a court hearing.

Two points. Firstly no one can predict the outcome of any hearing or tribunal, only venture an opinion based on info provided. Secondly my sympathies (and I suspect most other posters) were with the seller.