Buyer claiming court action - pls help

Marvo434

stick to your guns!

---lee---

I would email a reply keeping strictly to the facts and avoiding conjecture. This would be useful to the court especially if you keep it chronological and factual. Something along the lines of this:

i.e.

• You bought item #xyz – Nintendo DS from me on ebay using user ID xyz on xx/xx/2007.
• I received payment via Paypal that same day. I carefully packaged your Nintendo DS and sent it to your registered ebay/paypal address of XYZ using special delivery/recorded delivery etc. Post office reference # at a cost of xyz. This postage included insurance cover of xyz should the item be lost or damaged.
• After two weeks (or whatever) on the xx/xx/2007 you emailed me to inform me that the Nintendo DS did not work. I asked you to return it to me so that I could refund your money.
• xx/xx/2007 you emailed me asking where the refund was. I replied the same day that I had not received the Nintendo DS.
• xx/xx/2007 you emailed me claiming that you had sent the item by recorded delivery and that it had been collected and signed for. You gave me the post office reference number of xyz.
• xx/xx/2007 I checked with the post office and the item had been collected from the ‘name of depot’ post office depot. This is not my local post office depot and is some xx miles away. I was advised that the item had been signed for by ‘David’.
• xx/xx/2007 you continued to email me insisting that I refund the money and threatening court action even though I clearly did not receive the goods back. I advised you to follow the Royal Mail’s claim procedure.
• xx/xx/2007 you started court proceedings against me.
• xx/xx/2007 you emailed me to ask if I wanted to settle out of court/come to some arrangement. Unfortunately, as I have explained I sent you a working Nintendo DS in good faith. You claim that it is broken but have not returned it to me and expect a refund. That is unreasonable. I will not refund the money until you return the goods to me.

I would then print and chronologically order all the email and any other communication in a table with a summary for each item. I would highlight the emails where the threats were made to you (about knowing people/mayor etc). If nothing else, they should give the court a good laugh.



I can't see how you could lose.

rustynash

top banana ---lee---!

SPANIEL36

couldn't have put it better my self

bev77

Well this is what I've just sent to her:-

I appreciate the intent to find a mutually satisfactory solution, but sadly, as the returned item was apparently signed for by an unknown person in a delivery office 15 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.


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 Royal Mail for the package you sent. Whilst Royal Mail 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 Royal Mail.

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, and for you to discontinue your claim, with no order as to costs. Also I would require that you sign legal documentation to state that you will not pursue a case against me in the future.

Wish me luck!!!!

vikingaero

Bev,

Sounds like the claimant has had too many "claims" with the Royal Mail and doesn't want their snoopers checking her out which is why she's reluctant to pursue the RM.

everythingblogcast

Good Luck Bev. Its sad that some people abuse the Royal Mail system and then come back to yourself for money and it is clear that the buyer is at fault sending the parcel to another town.

bev77

A final update. She has given up. I think I've won! Well sort of. I've received this email:-


Thank you for replying. I have got in writing from royal mail that it is policy for everyone to take the delivery card and proof of address when collecting a parcel from any delivery office and Royal mail will not allow me to make a lost parcel claim as they say it has been signed for and collected. This is why I had to go through the small claims court. So I am really stuck about what to do. I have tried all avenues to find a way to get some of my money back, but I am not prepared to go to court over it. I will not be able to get my children looked after and travel all that way and do not want to put myself in that situation. So I now have no alternitive but to drop the courtcase. If you have the heart and funds to give me a small contribution towards the court fees and lost parcel I would be very grateful, but understand that you have no obligation to do this. I am so upset that this went so wrong and I am truly sorry that I took it so far - I only followed advice from royal mail and legal aid. I have learnt a hard lesson and will be writing to complain to royal mail about it.

Sorry

Although I do feel really bad that the parcel went missing, and I feel that I could give her something towards it. I'm not paying towards the court costs though. She was the one who instigated court proceedings, so it's only fair she should foot the bill for them. Hopefully this is the last I'll hear from her, although I should really send an email back saying thanks for dropping it, sorry it worked out this way, etc.

I just want to say a HUGE BIG MASSIVE THANK YOU to everyone who has helped me with this over the last couple of months. I really couldn't have done it without all your help. You are all such *S*T*A*R*S*.

:beer: :beer: :beer: :beer: :beer: :beer: :beer:

Jedster

Well done Bev77 for not giving in..........

But please don't send them any money. I tseems to me to be another way to get money from you by pulling on your heart strings. No one is going to give you enything for the stress and pain that you have gone through.

Just for your information, I work away from home in the week, so every Saturday I have to collect any post from the Post Office. I have never taken any I.D., just the card from Royal Mail, and I could have singed for things a M Mouse. My friend even goes sometimes for me with no problems.

[EMAIL="DON@T"]DON'T[/EMAIL] TRUST THE ROYAL MAIL TOO MUCH

Shogunladyuk

An excellent outcome, Bev...Well done for sticking to your guns :j