Buyer claiming court action - pls help

bev77

No I don't Bern, but thanks for the thought!

ellybelly89

my local PO never asks for ID and I've collected for 3 addresses in one visit before!

Ianna

have you tried contacting your local Citizens Advice Bureau Bev? They may be able to help.

Best of British luck with this one

slenderkitten

i wonder if the one she tried to send back to you was from the other seller, shame you didn't get any serial numbers.

i think she is trying something on by not making the necesary enquiries early on, and especialy when it got delivered to a different post office that is absolutely ridiculous, they should have redelivered it correctly - in my book they had not made a delivery.

maybe she got it delivered to that office deiberatly and maybe knows someone who works there and got them to sign for it.

i would also suggest citizens advice bureau or ask your solicitor friend if they will represent you in court??

kevinyork

bev77 wrote: »

I've just rung the court and it's going to cost me £100 just to file this bloody AQ! The total she is claiming is only 165!! How is that fair?

I think you might be reading the form wrong or someone at the court doesnt know what they are talking about. The Allocation Questionairre is simply for both parties to estimate how long they think they hearing should be and state any expert witnesses etc. You shouldnt have to pay a penny as the defendant. See Section H of the Allocation Form notes also replicated HERE

lindseykim13

you shouldnt pay anything for the aq thats the claiments cost, bear in mind though this muppet will add it to her claim, therfore £265.00 if you loose

Little_John

Wow bev you have had problems with this buyer, I just read the thread and see a few inconsistancies. I hope I havn't miss read the posts.

The buyer bought 2 ok maybe she needed 2. but it is strange to buy 2 and then request a refund.

She has sent you a photocopy of a special delivery slip saying it had been signed for by David? Then she said she sent it Recorded delivery as pre your insruction. Sounds like she has given you the details of somthing she sent to David that will have a number that is registered with RM as delivered to the addresse but it wasnt you.

My local post collector office require ID of the person either recorded or special deliveries are made to, so if my sister was to pick somthing up for me she would need my driving licence/passport. Even stuff that goes back to the collectors as it wont fit requires the failed delivery card and some sort of address proof you are from that address.

If the buyer is correct in everything she is saying
DS being faulty then she is responsible for returning to the seller and the seller refunds if it is faulty. The refund doenst include any shipping costs as far as I'm concerned.
The seller then makes a claim against the shipping company for damageing the item being sent.

The buyer is either trying to pull a fast one, or has screwed up and only uses recorded delivery to send the item back, recorded as far as Im aware is not an approved tracakable shipping method of ebay. The buyer should have covered the item with adequate insurance should it have gone missing special delivery, if the seller sent it recorded they need to take the hit it isnt the responsibility of the seller as untll the seller has it back you cant be responsible for it and the buyer is responsible for returning it to the seller.

s for who is to contact RM its the one who made the contract with them and that is the buyer in this case.

Good luck with everything Bev.

blue_monkey_2

I am reading this with interest, I am sure that you will be fine. I am sure that as you are contesting it and if it gets to local court level the Court can insist that the RM gave more information on the person who signed for the parcel and the address of where it was delivered. Keep all of your telephone bills to show the number of times you have called the post office for information as this proves you have been trying to find out where it has been sent.

Were the DS's listed the same in colour appearance etc.. so she 'bought it' but never paid for it and then maybe she had a broken one she thought she could get from you and swap with her own.

The onus is on the person sending the package to chase it and claim for it. I am wondering if the other seller is someone she knew so it looks like she bought it but actually did not (if you know what I mean). If you grab a stack of the RD slips from the PO then they are in serial numbers - could she of charged the 6 to an 8 for example on one that, when scanned will come up with the right number. Just a thought.

All a bit confusing, making my head whirl reading and thinking about it all.

At the end of the day she has sent a package, you do not have it, nor did you or anyone you know sign for it. She has failed to follow this claim up with the PO and ensure it is with the right person. She has obviously decided that the court will just tell her to pay you as she has sent the package. IF it does get to court level and the court investigate I am sure they can fall back on the Electoral Register to see if there is someone with this name living in Loughton.

I am sure you'll be fine but fill in all you need to. The onus is on her to prove it arrived with YOU - which it did not and I am sure the court will see this so do not worry. I am sure she was just expecting you to pay up without a fight. She got that wrong so you go and prove what you have to. If you have to pay tell them you can't afford it and offer her £2 a week if need be, they will allow you to do this if you do not have a regular income or are on a low wage, you just have to prove what you income and outgoings are. Good luck.

Oh and by the way, Ebay do not give a toss about the buyer nor the seller, they certianly do not give her 'their full backing' else she would have gone through Square Trade to get her money back. They will tell any buyer it is between them and the seller to sort out and they do not get involved so straightaway you can tell the court that she is a liar.

Oh, another thing to add. You might also want to drop an email over to eBay Customer Services (fill in the usual contact forms) telling them that a buyer is taking you to court as she returned an item by Recorded Delivery and it has never arrived. What can you do in this situation. They will email back to say they can't get involved and it is between you and the buyer - and you can keep this email as evidence (so careful WHAT you put in it) but that in itself is evidence to show that eBay do not give this buyer her full backing so it shows she has been lying and trying to intimidate you into giving her money!!

blue_monkey_2

Or maybe she knew the seller of the other one - who had a broken one - so she bought yours and they swapped them and the other seller sold yours on afterwards. Might be a bit late now but go check through more of their items for sale and bought. Hmmmm. Just a thought. PM me with their user details if you want and I'll do a bit of digging and see if I can find anything!!

ajaxgeezer

blue_monkey wrote: »

Oh, another thing to add. You might also want to drop an email over to eBay Customer Services (fill in the usual contact forms) telling them that a buyer is taking you to court as she returned an item by Recorded Delivery and it has never arrived. What can you do in this situation. They will email back to say they can't get involved and it is between you and the buyer - and you can keep this email as evidence (so careful WHAT you put in it) but that in itself is evidence to show that eBay do not give this buyer her full backing so it shows she has been lying and trying to intimidate you into giving her money!!

......that is a great call!