taken to court over ebay purchase

unholyangel

Do not bring claims that have no legal standing just because of hurt feelings or morals.

It could have adverse consequences even if you do have a solid defence, they could order no costs payable or that you have to pay the other sides (even if you win).

This isnt suppsed to be tit for tat.

cyclonebri1

unholyangel wrote: »

Do not bring claims that have no legal standing just because of hurt feelings or morals.

It could have adverse consequences even if you do have a solid defence, they could order no costs payable or that you have to pay the other sides (even if you win).

This isnt suppsed to be tit for tat.

No, it's about standing up to a person that has made false accusations about me whilst attempting to commit fraud.

He has no justifiable costs as he hasn't claimed legal fees, just court costs and the balance is unspecified.

I may be being naive about this but once this is settled in court, provided I will I intend taking the file I've built up to either trading standards or even the police, he is attempting fraud.

I remembered earlier I have access to out family legal protection extension on our home insurance. I call later.

It is actually my wifes transaction that's gone wrong and she simply can't believe it.

swingaloo

Don't wish to be rude here but are you very sure you have a 'cast iron' proof he has the item back.

The reason I ask is that I sold an item which someone wanted to return as they said it was not working (I knew it was) I offered a refund on return of the item and it was delivered to me by Royal Mail special delivery. I accepted the box and signed for it.

On opening I found it contained a tin which was filled with a block of margarine!!!!!

As far as ebay were concerned he had returned the item, as far as Royal Mail were concerned I has signed for it.!

So Im not for one minute suggesting you didn't send the item back but I am wondering what you see as 'proof' that he received it?

bris

You don't seem to get what we are trying to tell you, in the small claims court you can only claim provable losses. Your time is not counted so you can't put a figure on your time, the court is not interested on how long you spent writing letters etc, as for 10 hours phone calls well I cant see what would take 10 hours to discuss but I will give you the benefit of the doubt and say yes, that is a provable loss but you need the phone records to prove it.

Forget the fraud, it's a waste of police time, you have a civil matter between you that the small claim court will sort out.

You need to get your emotions out of this as it will all just come down to the facts as presented in court, the judge will decide on the evidence in front of him.

The £160 will represent the cost of the item plus the cost of bringing it to court, the filling fee and the hearing fee sounds about right with a little traveling costs thrown in.

lincroft1710

You will be standing up to him by just appearing in court, defending the action with what proof you have, sticking to the facts of the case and not getting carried away with thoughts of a verbal personal attack on the plaintiff.

Being calm, succinct, truthful, to the point and unemotional is the key. If your case is as strong as you believe it is, the judge will see through his deception.

As it is your wife's transaction, is she being taken to court or is it you, or both of you?

cyclonebri1

swingaloo wrote: »

Don't wish to be rude here but are you very sure you have a 'cast iron' proof he has the item back.

The reason I ask is that I sold an item which someone wanted to return as they said it was not working (I knew it was) I offered a refund on return of the item and it was delivered to me by Royal Mail special delivery. I accepted the box and signed for it.

On opening I found it contained a tin which was filled with a block of margarine!!!!!

As far as ebay were concerned he had returned the item, as far as Royal Mail were concerned I has signed for it.!

So Im not for one minute suggesting you didn't send the item back but I am wondering what you see as 'proof' that he received it?

His statement that he has received nothing from me 4 hours after stating I have switched items on him. I can't explain fully but I knew something was amiss as he suggested I wanted to return an item I hadn't bought from him when I requested a return address. Much to the pick up couriers annoyance I photographed the item in and out of it's box in his presence. My suspicions were justified, there is much more than I have told you.

Anyway I won't reply further to any later posts than this one, I am taking other legal advice and of course they have said don't moot this over the internet.

cyclonebri1

lincroft1710 wrote: »

You will be standing up to him by just appearing in court, defending the action with what proof you have, sticking to the facts of the case and not getting carried away with thoughts of a verbal personal attack on the plaintiff.

Being calm, succinct, truthful, to the point and unemotional is the key. If your case is as strong as you believe it is, the judge will see through his deception.

As it is your wife's transaction, is she being taken to court or is it you, or both of you?

Please don't let your imagination run away with you, I'm the most calm and collected person you could imagine, but I am stubborn.

She shares my ebay account, it's all in my name, just her emotion and upset involved, she is unable to understand how he can possibly try this

cyclonebri1

bris wrote: »

You don't seem to get what we are trying to tell you, in the small claims court you can only claim provable losses. Your time is not counted so you can't put a figure on your time, the court is not interested on how long you spent writing letters etc, as for 10 hours phone calls well I cant see what would take 10 hours to discuss but I will give you the benefit of the doubt and say yes, that is a provable loss but you need the phone records to prove it.

Forget the fraud, it's a waste of police time, you have a civil matter between you that the small claim court will sort out.

You need to get your emotions out of this as it will all just come down to the facts as presented in court, the judge will decide on the evidence in front of him.

The £160 will represent the cost of the item plus the cost of bringing it to court, the filling fee and the hearing fee sounds about right with a little traveling costs thrown in.

BRIs, no one said I couldn't claim for my time, it's news to me, so now maybe you understand, I thought that was a valid expense. I have produced a dossier of over 25 A4 sheets in my defence and over 2 hours of calls that are admittedly unlogged at this stage. That does take time.

I'm simply trying to counterclaim against an unspecified claim, he doesn't give any loses apart from the cost of the item and the CC cost, over a £100 unspecified.

lincroft1710

cyclonebri1 wrote: »

Please don't let your imagination run away with you, I'm the most calm and collected person you could imagine, but I am stubborn.

From personal experience, even the most supposedly calm person can appear completely the opposite when in a court situation. Being stubborn is not a virtue.

The plaintiff must believe he has a cast iron case, if he's spending all this time effort and money over a £29 item.

wealdroam

cyclonebri1 wrote: »

I'm simply trying to counterclaim against an unspecified claim, he doesn't give any loses apart from the cost of the item and the CC cost, over a £100 unspecified.

But the suggestion is that you don't need to counterclaim.

All you need to do is defend the claim being made against you.