Deleted Thread?

unholyangel

lynseypvic wrote: »

Thanks. I have not used the spare pieces and I have kept a bag of cuts offs which I had ready to throw away. Smaller pieces have been thrown. Because we ended up with much more than we needed, we did not measure the pieces before cutting and were not careful, we just cut a piece of and then trimmed it to size, measuring it against the cage base. So lots of smaller pieces just got trimmed and thrown.

Something I feel frustrated about is that we didn't need the extra and just thought we would be practical and cut it ready to use in the future once the first piece became worn. She has now invoiced us which i have received in the post today and given a deadline of paying by tomorrow. She also requests that I send the excess back in uncut, unused condition and we will recieve 'credit'. She knows we cannot do this as we told her what we had done with the excess when she phoned us back a week after our original phonecall. If she had requested the excess back or phoned sooner, we could have sent the excess back uncut, though I suspect that would still not have been the end of it. She had ordered the larger amount from a supplier and arranged for them to send it direct.She has now asked that we sent it back direct to the supplier. I cannot see how the supplier would have accepted this and would likely have still expected her to pay the invoice for the full amount if it was her mistake.

I shall keep everything I have though. In one of her letters she has suggested we have sold the material so at least it will show that this is not the case.

Out of interest, the invoice she has sent......has she charged you wholesale price or has she charged you the price you'd have to pay if you had ordered it from her?

And I'm pretty sure she knows thats not the case, since in all likelihood, she's reading this thread.

OP make sure you keep notes, any time she contacts you, any discrepancies in her story that dont add up etc. If she is silly enough to take this to court, it will help make sure you dont forget any important details.

lynseypvic

Hi

Going by the prices on her website, she is charging us for the full price she charges for a 10m order, less the amount I paid. Therefore she wants £108.50 which she says needs to be paid by 12th Feb otherwise county court proceedings will be commenced against us for recovery of the debt and all associated expenses, without further notice.
She then says we will have to pay the £35 court fee to issue proceedings as well as further costs as the claim continues.She says that on issue of the proceedings we will need to pay £143 plus solicitor costs and she threatens that entry of a county court judgement against us could affect credit rating and have other adverse consequence.
I also have another letter within the same envelope saying she is prepared to settle this matter if we pay the sum of £80 by 5pm tomorrow.
She also makes reference to the terms on conditions regarding excess sent in error, which it has been suggested here may have been added after selling me the product.
I am assuming it is the £80 figure which she has been invoiced from her supplier but I can't say.

wealdroam

lynseypvic wrote: »

Hi

Going by the prices on her website, she is charging us for the full price she charges for a 10m order, less the amount I paid. Therefore she wants £108.50 which she says needs to be paid by 12th Feb otherwise county court proceedings will be commenced against us for recovery of the debt and all associated expenses, without further notice.
She then says we will have to pay the £35 court fee to issue proceedings as well as further costs as the claim continues.She says that on issue of the proceedings we will need to pay £143 plus solicitor costs and she threatens that entry of a county court judgement against us could affect credit rating and have other adverse consequence.

None of those amounts become payable until you have lost a court case.
And even then, not all of them need apply.

Don't be scared by her devious tactics.

dacouch

I didn't think she could claim solicitors costs at county court.

I'd be tempted to let her take you to court and let a judge decide, you only get a CCJ if you don't pay the judgement within 28 days

pulliptears

dacouch wrote: »

I didn't think she could claim solicitors costs at county court.

I'd be tempted to let her take you to court and let a judge decide, you only get a CCJ if you don't pay the judgement within 28 days

I agree, she's a chancer.

Any reasonable person would hold their hands up, apologise and make certain they check with the supplier next time.

As it stands she's coming off as a bit of a loon.

gb12345

Basically, she is talking crap and trying to scare you.

lynseypvic wrote: »

She then says we will have to pay the £35 court fee to issue proceedings as well as further costs as the claim continues.

She has to pay the fees for making the claim against you. If she wins then you would have these added to the amount that you owe her.

lynseypvic wrote: »

She says that on issue of the proceedings we will need to pay £143 plus solicitor costs

Solicitors costs are rarely if ever awarded in small claims cases - if she has chosen to see and pay for a solicitor then that is a cost she will have to cover.

lynseypvic wrote: »

she threatens that entry of a county court judgement against us could affect credit rating and have other adverse consequence.

Again, only if you lose the case and don't pay what you then owe her.

lynseypvic wrote: »

She also makes reference to the terms on conditions regarding excess sent in error, which it has been suggested here may have been added after selling me the product.

There definitely was a change to that area of the terms as proven by a Google cache from shortly before showing the old terms, which hopefully someone on here will have saved and can provide you with if you need them.

One final thing to remember is that if it does come to court, then you can have it transferred to your local court, which will cost her in terms of travel costs (which she will not be able to claim back from you).

unholyangel

gb12345 wrote: »

Solicitors costs are rarely if ever awarded in small claims cases - if she has chosen to see and pay for a solicitor then that is a cost she will have to cover.

:rotfl: You didnt say you were a comedian. I have a feeling the closest this trader has ever been to a solicitor is watching Judge Judy.

lynseypvic

Hi
Thanks for the help. we were worried about travelling to her area as my husband has a disability and I am also a full time carer to our disabled child who is also suffering from an injury. My husband was wondering about suggesting we pay something extra as we have used extra and to avoid the hassle of her contacting us forever and going to court. However, my view is that she could keep asking for more and more money. She has shown she can be dishonest and unreasonable. Therefore perhaps it would be better for a judge to decide than to negotiate further with her.This is hassle we could really do without.

MamaMoo_2

lynseypvic wrote: »

Hi
Thanks for the help. we were worried about travelling to her area as my husband has a disability and I am also a full time carer to our disabled child who is also suffering from an injury. My husband was wondering about suggesting we pay something extra as we have used extra and to avoid the hassle of her contacting us forever and going to court. However, my view is that she could keep asking for more and more money. She has shown she can be dishonest and unreasonable. Therefore perhaps it would be better for a judge to decide than to negotiate further with her.This is hassle we could really do without.

Do not pay her a penny.
No one can say for sure whether or not you will win a court case, especially in a he said/she said case like this.
That said, in a case like this a judgement will be made on a balance of probabilities. My personal opinion is that, in this case, you have a good chance of being successful. Especially with the amount of evidence you have. Please make sure you have copies and print screens of the Google cache, as well as print offs of the cache of the thread on here in which the seller posted. They're all nails in her coffin.
It would also be worth pointing out to the seller that her trying to enforce a term in the T&Cs that wasn't there when you made your order, and has been put there solely to attempt to strengthen her case and mislead you into believing you're in the wrong, could be very easily construed as fraud.

You might also wish to tell her that it would be a nice idea for her to get a solicitor that knows what they're on about, and suggests that said solicitor then has a nosey through her T&C's.

Alternatively, a letter saying nothing but "see you in court" may be an idea.

Honestly, this woman does nothing but clutch at straws and talk out of her bottom.

lynseypvic

Thanks
I have got copies of everything you mention.
Wow. I am definitely sticking with amazon for online shopping from now on!