taken to court over ebay purchase

hollydays

If he's saying you have switched an item, how could a courier possibly disprove this?
There is a world of difference between a document and a personal statement of fact. I'm
Concerned you are up the creek without a paddle.

unholyangel

hollydays wrote: »

If he's saying you have switched an item, how could a courier possibly disprove this?
There is a world of difference between a document and a personal statement of fact. I'm
Concerned you are up the creek without a paddle.

cyclonebri1 wrote: »

Much to the pick up couriers annoyance I photographed the item in and out of it's box in his presence.

So courier should be able to verify what was in it if it was packaged up in front of them.

fridge_raider

hollydays wrote: »

If he's saying you have switched an item, how could a courier possibly disprove this?
There is a world of difference between a document and a personal statement of fact. I'm
Concerned you are up the creek without a paddle.

So by that logic, everyone who receives an item could take the sender to court, claim the item was switched, and the sender would be 'up the creek without a paddle'??

ljonski

I think then that you would need an affidavit from the courier before t he courtcase.

martinthebandit

As someone wiser than me once said 'never argue with idiots, they will just bring you down to their level'

........ and as someone who may not be wiser than me said 'just the facts sir'


In other words if you want to stand the best chance of winning take the emotion out of your defence.

cyclonebri1

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.

I'll duck out and not thank you for that, you seem to want to jump on a band wagon of negatives so no thanks and goodbye.

cyclonebri1

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 ).

You also sound very emotive - not good and easy to lose objectivity.

I agree, it is emotive, how would you feel if some **** has tried both to rip you off and then take you to court.

Bantex_2

cyclonebri1 wrote: »

I agree, it is emotive, how would you feel if some **** has tried both to rip you off and then take you to court.

If I was sure of my case, I would just let him take me to court and when he lost claim expenses

cyclonebri1

OK guys, look, there has been some fantastic philosophical comment to the last few posts.

I need to update as I totally believe in seeing a posted topic through.

The complainant didn't defend

I found I had legal protection for this type of claim as I said I would check earlier.

Policy paid out as uneconomical to defend.


So, the complainant has defaulted in regard to his complaint/case

Case closed. Can I claim my expenses, postal and tele ?
And yes, I did go not overboard but to the needed limit to press my case. Wasn't need in the end

Thanks to all that tried to help, if I missed you, sorry.

cyclonebri1

Bantex wrote: »

If I was sure of my case, I would just let him take me to court and when he lost claim expenses

As above.....