Buyer claiming court action - pls help

mishkanorman

Well my head is hotter than fays but ...


my note would read something very similar , i guess this is all a bit of a ploy to bully you into a refund, hoping you will be so relived she is dropping the court action you will happily refund.

stick to your guns, sometimes principals are worth a few pennies !!

mishka

Little_John

I will try again it failed to post my reply.

Your case sounds very strong, the buyers case has so many holes in it for them to stand any chance of winning in court.

I would call their bluff and allow the case to got to court you should win. the buyer proberbly found out it will cost them a fair bit to recover the money if they think they have a chance, a solicitor has probebly told them they have little to no chance of winning so the buyer is trying to scare you in to sending them some money back.

Frivolous_fay has it spot on a perfect reply.

bev77

frivolous_fay wrote: »

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

That sounds like an excellent reply, and not too hot-headed at all, thanks fay! Do you mind if I nick it word for word?;)

I'm still not too bothered about going to court so she can take it as far as she likes. She's already going to have lost the money it cost her to start the claim. Plus the £100 for the AQ when she files it. Perhaps that is why she's trying to resolve it now, so she doesn't have to pay the £100?

frivolous_fay

Help yourself, don't forget to insert the word 'for' after 'apparently signed'

frivolous_fay

Makes me all warm and fuzzy inside to think that maybe she's starting to panic and realise she doens't have a speck of a case against you.

:dance:

veruccasalt

frivolous_fay wrote: »

Makes me all warm and fuzzy inside ....
:dance:

That sounds like something you need to see the Doctor about!!;)

frivolous_fay

Nothing unhealthy about having a good gloat!

mishkanorman

I can picture fay sitting at her poota doing her best 'taking over the world' laugh whilst plotting revenge on ebay numpties :rotfl: :rotfl:


mishka

mpython

Bev, its just possible, that your buyer is being canny with her offer of trying to resolve it before it gets to court. Courts don't like people wasting their time, and, offering to find a mutually agreable solution could put her in a good light if she uses it in court (is the email tagged or headed "without prejudice"?). I'd reply with something similar to Fay's except maybe laying it on a bit thicker, e.g., "I've been trying to avoid going to court since you first mentioned it. As I've explained in previous emails, I never received the item back and you need to claim off RM for the package you sent. Whilst RM may say they check ID before items are collected, there is no proof recorded that ID is checked, and therefore open to abuse. I'd be quite happy to send you another email stating that I haven't received the item if this will help with your claim against RM." etc etc. The court will realise that she is claiming against the wrong party as she hasn't exhausted the RM lost/ stolen letter process, nor answered the obvious discrpencies in their case like you signing for a package as "David".I suspect, she may drop the case if she realises she has no realistic prospect of winning and it will cost her another £100 just to find that out for certain in court.

frivolous_fay

mpython wrote: »

maybe laying it on a bit thicker, e.g., "I've been trying to avoid going to court since you first mentioned it. As I've explained in previous emails, I never received the item back and you need to claim off RM for the package you sent. Whilst RM may say they check ID before items are collected, there is no proof recorded that ID is checked, and therefore open to abuse. I'd be quite happy to send you another email stating that I haven't received the item if this will help with your claim against RM."

Exxxxcellent, exxxxcellent