Buyer claiming court action - pls help

mpython

Bev, as defendent, you chose which court to you'd like the case heard in.

When you contact Loughton Delivery Office they may be able to be a bit more helpful if they've still got a copy of the manifest the collecting person signed. It may actually list their address (so proving it wasn't you) or it may list the postman/woman who originally tried to deliver it (again this will prove it wasn't you as their delivery route will be in Loughton). So ask them if they have any more info than just the collection signature and explain its for a court case.

wileycat

mpython wrote: »

Bev, as defendent, you chose which court to you'd like the case heard in.

When you contact Loughton Delivery Office they may be able to be a bit more helpful if they've still got a copy of the manifest the collecting person signed. It may actually list their address (so proving it wasn't you) or it may list the postman/woman who originally tried to deliver it (again this will prove it wasn't you as their delivery route will be in Loughton). So ask them if they have any more info than just the collection signature and explain its for a court case.

It won't list the address on the form. It should list the delivery office and if you're lucky, the walk number. It will be held on the delivery card which is sent off to a data processing centre. You may be lucky to track it to a walk in that office which obviously would lead to finding out who was the postman.

dollydoodah

Bev (I take it is the same Bev77 as from the CAG board?? )

Have you checked to see if there is a road in Loughton that has the same name as yours? Where I used to live there were 3 of the same street names in a three mile radius but all with different areas. It could be that the Royal Mail have delivered to the same address as yours, but in Loughton, and there could be your answer. The person at the same address would have had a card left and picked up the parcel.....

Here's hoping.

Dolly
x

bev77

I've been in touch with Royal Mail countless times, and they are less than helpful. I've also been in touch with Loughton delivery office, and they have said that they don't keep the records of who signed for it, or at what address. I shall ring them again tomorrow, and explain it's now for a court case, and see if they are any more helpful.

Hi Dolly, yes it's me!:p
I've already checked that with Royal Mail, it was one of the first things I did. There's nothing similar, the postcode was IG10, and mine starts with RM10, that's the ONLY similarity. Thanks for the suggestion though.

Steel_2

I don't suppose it's possible this woman deliberately retuned it to the address of a friend of hers in Loughton, who then went round with the card to the delivery office and picked up the parcel. Perhaps she was hoping to get the nintendo for free by trying to scare you by all this talk of court action into coughing up the money? And she sent the item recorded delivery - despite it being worth far in excess of £32 - because she wasn't going to eat into her profits from this nice little scam by paying a fortune for special delivery.

Call me a suspicious old cow but something isn't stacking up here with this buyer of yours...ask the seller of the other nintendo she bought how things are going with their transaction. What condition was that one in? It seems odd that she should buy two....

If she bought the other one cheaply, it didn't work properly she could send the other seller's broken one back to you so she gets to keep a fully working one for a fraction of the cost?

smartie1976

Steel wrote: »

I don't suppose it's possible this woman deliberately retuned it to the address of a friend of hers in Loughton, who then went round with the card to the delivery office and picked up the parcel. Perhaps she was hoping to get the nintendo for free by trying to scare you by all this talk of court action into coughing up the money? And she sent the item recorded delivery - despite it being worth far in excess of £32 - because she wasn't going to eat into her profits from this nice little scam by paying a fortune for special delivery.

That wouldn't work though, as the correct postcode would need to be put on the Rec Del slip. It'd be dead obvious from the RD receipt.

Dave_Brooker

bev77 wrote: »

Just another note, she has used MCOL for the claim. She lives in Coventry and I live just outside London, just inside Essex. I wouldn't have thought it'd get transferred to a nearer court, if it did, who would it be closer to, me or her? Or would it just stay with Northampton?

It will get transfered to your local court, if it goes ahead at all.

bev77

Steel wrote: »

I don't suppose it's possible this woman deliberately retuned it to the address of a friend of hers in Loughton, who then went round with the card to the delivery office and picked up the parcel.

I did think this originally, it would seem to tie in with the fact that she absolutely refuses to go through Royal Mail to find out where the parcel has gone. Either that or she has tampered with the slip in some way, so can't use it as proof.

There's also some discrepancy as to how she sent it. She sent me the photocopied slip, and it was Recorded. However, when she made an enquiry with Royal Mail, they sent her via email, the EPOD (Electronic proof of delivery), which she forwarded onto me. On that it says "Thank you for recent enquiry about proof delivery for Special Delivery item no *****. We can confirm that it was delivered."

The number is the same, so I'm not sure what has happened there. Maybe she thought it was Special Delivery, and asked for that from RM, and they didn't bother to check, only checked the number?!?! Whenever I've asked them, they have always said that it was recorded. And on the photocopy she sent me, it was recorded.

tommyprice

There's too much that doesn't add up here. I think she screwed up sending the package back and now is trying to cover it up. If it goes to a small claims court i think you have enough proof that you didn't receive the package that was sent (Mainly through Royal Mail not checking the ID of the person who collected it)

mpython

Bev, have you looked up the proof of delivery yourself? Sounds very dubious confusing Recorded Delivery & Special Delivery, their barcodes/ item number ranges are different. Might be worth looking on here, just to make sure its not a photocopied cut & paste job?

http://www.royalmail.com/portal/rm

There's a box on the right hand side where you can enter the 13 digit number which will pull up the signature & details.

BTW, when you respond to the court papers, you have to say you want the case heard elsewhere, otherwise it will be heard in the plaintiff's court.