owed £100 worth pursuing?

smithers1981

My wife sold some toys of my daughters, for £100 via gumtree, i told her do not send items until you receive money, she told me she had received money.

Posted toys at cost of £18 last week then yesterday she admitted she had not been paid, she is obviously upset and so am i at how foolish she has been.

We have messages confirming price, and have proof of delivery from royal mail.

Is it worth pursuing a letter before action perhaps leading to small claims court.

NCC-1701

smithers1981 wrote: »

My wife sold some toys of my daughters, for £100 via gumtree, i told her do not send items until you receive money, she told me she had received money.

Posted toys at cost of £18 last week then yesterday she admitted she had not been paid, she is obviously upset and so am i at how foolish she has been.

We have messages confirming price, and have proof of delivery from royal mail.

Is it worth pursuing a letter before action perhaps leading to small claims court.

Probably worth sending a speculative LBA in the hope they pay up.

cono1717

Have you contacted the buyer? Are they refusing to send the money?

smithers1981

Buyer claims they sent via bacs transfer on monday but not sending receipt. Also claimed they hadn't received item, but have proof from royal mail that it was delivered on the 12th August.

Lots of texts basically lies.

smithers1981

Gave wife some sob story about it being his daughters birthday and wife being soft fell for it and posted before being paid.

powerful_Rogue

Without a dount. Letter before action, 14 days to pay. Then Small Claims Court.
Gawd knows how many people they have tried this on with and got away with it if no one takes it any further.

couriervanman

smithers1981 wrote: »

Gave wife some sob story about it being his daughters birthday and wife being soft fell for it and posted before being paid.

:eek:........if its a distance away from your house write it off

smithers1981

I’m from midlands Northampton and it’s in Motherwell Scotland so huge distance! This wouldn’t matter in regards to small claims court though surely?

pulliptears

couriervanman wrote: »

:eek:........if its a distance away from your house write it off

And thats exactly what they will expect the seller to do. They then move on to the next person and hope they are as forgiving as you.

DoaM

smithers1981 wrote: »

I’m from midlands Northampton and it’s in Motherwell Scotland so huge distance! This wouldn’t matter in regards to small claims court though surely?

I work in Motherwell. If you want to PM me the name/address I might be able to advise on your chances of getting anywhere with this.

steampowered

Unfortunately, as the buyer is in Scotland, that does make things a bit more complicated if you wanted to go down the small claims court route.

You can't use the simple "moneyclaimonline" service to issue your claim as you would a defendant in England. You would either have to issue your claim in the claim in the English courts on a paper form and do what is called "service outside of the jurisdiction", or you'd have to issue your claim in Scotland through the Scottish court's online system.

There's no reason you couldn't do a "letter before action" though on the off-chance it helps, that costs nothing more than a postage stamp.