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taken to court over ebay purchase

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Comments

  • FOREVER21
    FOREVER21 Posts: 1,729 Forumite
    Energy Saving Champion I've been Money Tipped!
    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.

    Best advice I can give, sit down quietly, cuss the trader on a sheet of paper destroy the paper and move on.

    Believe me I am sure you think you have a cast iron case, but one can never predict which way a court case will go
    Also 25 A4 sheets do you really think a judge will wade trough that.

    I know it will be hard for you to forget it but you will benefit in the end if you do.
  • techspec
    techspec Posts: 4,464 Forumite
    I took an arrogant businessman to court and he spent a lot of time and money defending the indefensible.

    One the day i thought what am i doing - but the judge ruled in my favour in 5 minutes.

    If you know your right and that includes getting the opinions of others - then you just stay calm and do as much as you can to prove your point.

    Dont let it get too personal (i tend to now) - just see it as a procedure that will run its course and should come good in the end.

    Must admit though - seeing his smug arrogant face change to one of embarrassment did feel good. :D
  • cookie365
    cookie365 Posts: 1,809 Forumite
    This sounds like a marvellous way to make the district judge think you're dishonest and untrustworthy.

    If you want to lose the entire case, I think you're going the right way about it.
  • Cornucopia
    Cornucopia Posts: 16,555 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It doesn't sound like there is much of a valid counter-claim, and there doesn't have to be. Defending the seller's claim is enough.

    As for stopping him from doing the same in future, even winning in this action will not do that. You should be speaking to Trading Standards about that.
  • ThumbRemote
    ThumbRemote Posts: 4,742 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    cookie365 wrote: »
    This sounds like a marvellous way to make the district judge think you're dishonest and untrustworthy.

    If you want to lose the entire case, I think you're going the right way about it.

    Of course the judge always ignores the evidence and goes on the basis of assumptions, don't they?

    Or are you just making things up?
  • daytona0
    daytona0 Posts: 2,358 Forumite
    two sides to the argument and it would be interesting to know what position the seller is taking. Considering the seller has provided an item and is stating something is amiss you can't rule out the possibility that you have done something naughty. I just hope the court can make the correct ruling based on the whole incident
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    20 pages of defence, including documentation.... sounds excessive to me for a simplistic case like this ( which I assume is simply your returned goods and seller claims not to have received them ).

    You also sound very emotive - not good and easy to lose objectivity.
  • forgotmyname
    forgotmyname Posts: 32,961 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I would have thought a quick note that you returned the item you bought for whatever reason and received a full refund off paypal/ebay or did the seller refund? I would mention if it was a forced refund.

    Anyway you got the refund and have no counterclaim. To me that would suggest your not there because your bored and enjoy confrontation.

    You returned the item and have proof of them receiving it. Maybe a few notes from the members feedback on a sheet or 2 of A4 if they mention similar situations.
    Censorship Reigns Supreme in Troll City...

  • ThumbRemote
    ThumbRemote Posts: 4,742 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    FOREVER21 wrote: »
    Also 25 A4 sheets do you really think a judge will wade trough that.

    Well yes, if that's the required details of the defence.

    arcon5 wrote: »
    20 pages of defence, including documentation.... sounds excessive to me for a simplistic case like this ( which I assume is simply your returned goods and seller claims not to have received them ).

    As above. OP only says 10 pages, plus printouts of emails. As OP has already said they've got photos, a couple of pages of photos, courier paperwork etc soon mounts up.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 9 June 2014 at 9:18PM
    In the scheme of things, if this person is an idiot, don't get so het up about it.
    Unless you've taken legal advice I would be wary of fighting a point of principle.
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