Buyer claiming court action - pls help

jordan_gibson

s30jok wrote: »

hello

if you join which (www.which.co.uk) and pay £11 you get the full backing of a solicitor anytime of the day/year 24/7 basically. It is well worth it for their legal team. And what they dont know about consumer laws etc isnt worth knowing!

hope this helps you out, i went thru the same thing with a mobile phone where the buyer swapped the insides with a faulty unit and sent the faulty one back to me. Luckily i kept the IMEI number (*#06#) and promptly rang up vodafone and asked them to block it!!

so this woman in the end paid out £120 for a blocked phone, she threatened me with courts etc but when i promptly emailed her close up photos of the serial number of the phone and imei number all her emails stopped and the court threats stopped. She even left me a positive feedback!

Could not agree more!! My car set on fire a few years ago due to one of the headlights shorting at 2am one morning. Renault did not want to know until Which pointed me in the right direction - they were very helpful! Needless to say I ended up with a brand new £20K car sat on my drive as a 'gesture of good will'

melancholly

just thought i'd ask whether this buyer is an experienced ebayer or not. sounds to be more like someone who is a bit stupid and (wrongly) thinks that they are in the right, even though they didn't send the item back to you properly. sounds more like someone who doesn't really get how it all works than some grand conspiracy..... it's remarkable that the buyer has gone this far..... fingers crossed that the judge gives her a reality check!

bev77

melancholly wrote: »

just thought i'd ask whether this buyer is an experienced ebayer or not. sounds to be more like someone who is a bit stupid and (wrongly) thinks that they are in the right, even though they didn't send the item back to you properly. sounds more like someone who doesn't really get how it all works than some grand conspiracy..... it's remarkable that the buyer has gone this far..... fingers crossed that the judge gives her a reality check!

She has 100% positive feedback, and her rating is 197, so fairly experienced I'd say. Which also makes me think, 'has she done this before, so knows EXACTLY what she's doing?'

keatergreyhound

Hi
Ok im no expernt but have read this thread with intrest
If you know what ate and approx what time this parcel was got from the wrong sorting office can you not ask to see and have a copy of the cctv
Im sure if this was reported to the police royal mail would be much more willing to help
Im sure but not positive (someone on here will tell you) you have a right to cctv under some freedom act.
At least them you can proove it wasnt you who collected it. Ok they could argue that you for a friend to sign for it?
Just a thought..

goshdarnit

keatergreyhound wrote: »

can you not ask to see and have a copy of the cctv

No, you can ask for your image, but not that of a stranger. Police could ask for it, but even then the tapes probably been reused already. You'd probably hit difficulties in proving the person on the tape took the package in question as well.

jabdc5

check your house insurance you may be entitled to free legal advice through your policy,
J

bev77

Well I have received this email from the woman this morning.

I have recieved the defence counterclaim and allocation questionnaire, and have saught legal advice. I have been advised to contact you to see if we can come to some sort of agreement without going to court. I am happy either way but obviously it would be better for both of us if we could sort it out without the hassel of a court appearance. Have you got any ideas? Please let me know whatever your decision is and I will honour it.

Now I'm not sure what to do. Any ideas? She's obviously not going to "honour my desicion" as if I say well basically it's your fault, I'm not going to refund any money - she will still carry on with the court action.

I'm wondering if she has started the claim without actually taking any advice and now that she has got some they have said that she has a snowball's chance in hell, so have advised her to come to an amicable agreement with me?

Or perhaps they have advised her to do this so that she looks like she is being reasonable, as she hasn't gone through RM?

Oh I dunno. Any ideas?

frivolous_fay

I'd be saying something like...

I appreciate the intent to find a mutually satisfactory solution, but sadly, as the returned item was apparently signed by an unknown person in a delivery office x miles away from me, I don't see how there could possibly have been any chance of it being delivered to me. Without the returned item, it would not be in my best interests to volunteer any kind of refund.

My suggestion as to a solution would be for you to persist in chasing the Royal Mail for a satisfactory explanation for the delivery / collection that went so badly wrong.

By all means run this past someone less hot-headed than me first

freddysmith

This sounds like you have a good defence or at leaset one where the court can not find against you beyond reasonable doubt. Sounds like she has been given advice to sort this out of court as it will be much cheaper for her in the end.
You could say you have built up some out of pocket expenses which you could offset if court action is halted.
I am sure more legal savvy people will advise......good luck

rustynash

i think frivolous_fay gives good advice. in my own eyes it looks like she is now worried about the court action that she so desperately pushed forward. i would reply along fay's lines and make sure you add in things that will put her on the spot when the emails are definitely used as evidence in any court case (which i hope does not happen still!) things like chasing the issue with RM and make a point of saying that she declines to do it etc..