Advice wanted: Threatened with Small Claims even though I agreed his terms on time

pinkshoes

Has he even sent you a letter before action before starting court proceedings???

It won't go to court, as he requested a £100 discount, and you agreed, so he'd end up looking daft.

When he said it was broken, you should have asked for it back immediately then claimed from RM yourself rather than keeping your buyer waiting.

I would just write back saying:

Dear <buyer>, on <date> you bought a mint condition camera from me in a private sale which arrived on <date>. You informed me that unfortunately the camera had been broken in transit, and asked for £100 towards getting it repaired, which I agreed to.

Please send me a copy of the repair bill ASAP so I can send you the £100 towards the repair.

Kind regards....

db21111

pinkshoes wrote: »

Has he even sent you a letter before action before starting court proceedings???

It won't go to court, as he requested a £100 discount, and you agreed, so he'd end up looking daft.

When he said it was broken, you should have asked for it back immediately then claimed from RM yourself rather than keeping your buyer waiting.

I would just write back saying:

Dear <buyer>, on <date> you bought a mint condition camera from me in a private sale which arrived on <date>. You informed me that unfortunately the camera had been broken in transit, and asked for £100 towards getting it repaired, which I agreed to.

Please send me a copy of the repair bill ASAP so I can send you the £100 towards the repair.

Kind regards....

Thanks a lot. Very good!!

Sorry, he hasn't sent me a physical letter no. Four days into the week he gave me to respond to his £100 offer he messaged to inform me of small claims court proceedings started, apparently he's sent the form and £25 fee.

paddyrg

If he's started small claims proceedings without attempting to remedy outside the court, the judge will not be impressed. Especially if he's using small claims threats for extortion. Keep copies of all your correspondence and timelines, make sure you make a clear offer of full refund on return of item serial number <whatever>, and you've very little to fear from the courts, if he's even actually begun action.

db21111

paddyrg wrote: »

If he's started small claims proceedings without attempting to remedy outside the court, the judge will not be impressed. Especially if he's using small claims threats for extortion. Keep copies of all your correspondence and timelines, make sure you make a clear offer of full refund on return of item serial number <whatever>, and you've very little to fear from the courts, if he's even actually begun action.

Thanks. You're right. He isn't complying with his own offer to remedy the situation either.

db21111

He has just made another offer of £150 by tonight

wealdroam

Get that letter sent and ignore text messages.

Keep the msgs though... might be useful later.

db21111

wealdroam wrote: »

Get that letter sent and ignore text messages.

Keep the msgs though... might be useful later.

You sound like you know what you're talking about So better than just calling it quits at £150? If indeed he stops once that was paid?

Just weighing up the hassle factor and time cost.

Thanks so much for replying! :beer:

arcon5

I'd ignore him until court papers arrive, then liaise through the court process.

Simple fact is he made an offer, you accepted, you fulfilled, he then changed the offer.

db21111

arcon5 wrote: »

I'd ignore him until court papers arrive, then liaise through the court process.

Simple fact is he made an offer, you accepted, you fulfilled, he then changed the offer.

Thank you. That's what I was hoping would be the case. Haven't been too well the last couple of days so needed advice! Thanks