Buyer claiming court action - pls help

bev77

Yeah when I've checked myself it doesn't say on the Royal Mail website whether it's Recorded or Special, just says that it was delivered from the Loughton delivery office.

But when I've rang them and spoke to someone they have told me that it's definately not Special Delivery, it's recorded, and the photocopy shows that it's recorded (although she could have amended that before she copied it), and they have also told me that it was definately collected from their office, not delivered.

I'm not too worried cos I know it wasn't me that signed for it, nor anyone I know. It's not my signature and I have lots of things with my signature on to prove that it's not mine. It's just how a judge will see it that worries me.

Thanks everyone for all your help and replies.

peter_the_piper

Does the weight of the parcel she said she sent match closely the one you originally sent? not unknown for an almost empty box to be sent.

Blacksheep1979

user051105 wrote: »

If the claimant lives any distance away from you, you can have it transferred to your local court more expense on there part.

Yes, but if they win you then have to foot their travel expenses and possibly loss of work related income.

user051105 wrote: »

I would also call RM Customer Services and tell them as you are going to out of pocket for there incompetance you will be issuing a small claim against them, this will get them into gear.

Can't issue proceedings against RM - they still have crown immunity.

As everyone else has stated, fill in the defence form. State that the item was working when you posted it and that you have witnesses to this effect. That the buyer bought another at the same time (suspicious) and that you don't need id to pick up a package and the sig isn't yours.

hewlett

stick to your guns girl. shes trying something on and it aint going to fit .any chance she could have got a freind david to pick up the item and then tickled the paperwork. its her whom should take it up with roayl mail not you because she was the one who sent it and she wil have to prove you got it ( which she cant ) any news from the other sellers?.

Anic

bev77 wrote: »

Hi all,

I sold a nintendo ds on ebay (which worked fine). The lady who bought mine also bought another one. About 2 weeks after the transaction she emailed me to say that mine didn't work so could she return it for a refund? I knew mine did work, but said ok anyway. I wish I'd have said no refunds, sold as seen now. I also think she has sent the other one back as I knew mine worked.

I thought this was a bit strange - why did she wait two weeks? Did she perhaps "break" it herself, albeit accidentally!! If it wasn't working when she received it surely she would have contacted your right away

bev77

The 2 week wait was because she was on holiday, so I guess it's possible that it broke whilst she was on holiday, although she has said that she didn't take mine away only the other one, but she could just be saying that anyway.

annapantscats

mpython wrote: »

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.

When I entered the defence for my case I mentioned nothing about where I wanted the case heard....I just received a letter afterwards saying it would now be held at my local court

freddysmith

At some point the buyer has to produce the post office receipt and/or the recorded delivery slip as proof she sent to your address. It would be very intresting to examine these documents for signs of misuse/amendment and if they are genuine, if any alteration has occured then this has to be a matter for the police as she must be trying to obtain goods by deception or something similar.
If this is a scam its the first I have heard of this method being used. This women must know the stakes are high having already gone through the court thinking she has a strong case.
I believe you and hopefully the court will see common sense and throw this out as you were not the person or any other person you know signing for the package at this collection point.

Out of interest is your undelivered mail collecting point very near to your home?

bev77

freddysmith wrote: »

Out of interest is your undelivered mail collecting point very near to your home?

There is one in the same town, but not that near to me, probably a 5-7 min drive, and I don't drive.

pinkgem

bev77 wrote: »

The 2 week wait was because she was on holiday, so I guess it's possible that it broke whilst she was on holiday, although she has said that she didn't take mine away only the other one, but she could just be saying that anyway.

has she given you any reason why she purchased two of them? i find that a bit strange.