Buyer claiming court action - pls help

Blacksheep1979

ph99 wrote: »

since when did the Sale of Goods Act 1979 apply to purchases made from a private individual and not a business. Such transactions are under the maxim "buyer beware" and no obligation exists for refunds or warranty

actually they do apply to private sales - goods must be as described

bev77

pinkgem wrote: »

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

Cos the 2nd one accepted paypal and I didn't. She thought she'd get the other one quicker than mine, and she was going to sell one of them on herself but when she realised that mine "didn't work" she asked for a refund.

changkra

It is possible that she bought it for a present for someone, posted it too them but putting your address on the bit you keep with the tracking number on. Not all post offices check this tallies. It doesn't feel right, feels like shes scamming. Don't back down and good luck.

fwhorn

Have you managed to obtain a copy of the recorded delivery form which is given back to the customer? If not then get it, to see what address she has sent it to.

You have already advised her to take it up with the RM, do you still have that in email/writing. If not tell her again, and state that the contract to deliver is with her and the RM and not you, and keep a copy.

If you can get another nintendo with all the bits that went with it, and take it to the PO and have them weigh it and find out how much it would cost to send out 1st and 2nd class recorded. This price should tally with what she has paid but a tad cheaper as she should have had packaging. this is going along the line that she never actually sent it.

If you know who the other seller is then find out if they are from Loughton, if so then do not say anything at this stage. If you dont know who the other seller is then you must find out from ebay. Get pictures of the nintendo, from the complainant, and see if they have any marks on to prove whos it is.

If she does take you all the way then she will have to give you all documentation that is relevant. Make her aware of this.

Some of this may have already been mentioned. We hope it all goes well and that some of posts help you.

richt71

If you want time Bev...when you file your defence remember to ask for it moving to your local court. To be honest at this time of year (summer holidays) it may take months to get to court.

barvid

Blacksheep1979 wrote: »

There is a chance that the small claims court will find against you as its not 'beyond reasonable doubt' but more likelyhood/probabilities. However they can be v strict on trying all other courses of action before taking matters to court - so if the buyer has failed to pursue the lost goods they may be in for a rather short hearing.

Myself I'd tell her that she will only be incurring extra costs by going through the small claims court and also as she doesn't have proof of delivery will lose. Good luck.

Small claims court is for civil matters, where the burden of proof is lower than the criminal "beyond all reasonable doubt" - instead, it's "balance of probabilities". That means if the court considers it just 51% likely that you're to blame, you lose.

Blacksheep1979

barvid wrote: »

Small claims court is for civil matters, where the burden of proof is lower than the criminal "beyond all reasonable doubt" - instead, it's "balance of probabilities". That means if the court considers it just 51% likely that you're to blame, you lose.

yup as I previously said

as its not 'beyond reasonable doubt' but more likelyhood/probabilities

scheming_gypsy

richt71 wrote: »

If you want time Bev...when you file your defence remember to ask for it moving to your local court. To be honest at this time of year (summer holidays) it may take months to get to court.

nah.. 75 miles away from you in the opposite direction from where they're coming from. Adds an extra 150 miles to their trip

hjb123

Hows this all going on?

Just wondering which side of the slip did she send a copy of? Did she send both sides or just the side with your address on? Any proof that hte post office stamped it with your address?

wisper

how does the tracking number start? that will tell you if it is special or recorded

what is the first few characters