Help with starting a small claim for money owed?

Ballistic87

Hello guys. Hope all is well. I’ve always had great advice on this forum so thought I’d try asking fir advice on my situation. 

So back in may (ish) 2021 I sold a guy in Scotland a car engine, (I’m from the midlands btw), the engine was listed on eBay and he called me up and we made a deal, he paid me by bank transfer and I organised the courier to deliver to his home address, it was lockdown times and the couriers were really taking the P*** with collection/delivery etc. 

Basically to cut a long story short what ended up happening is the courier picked up the engine and delivered it, all while I thought the engine was still in the garage and has not been collected !! I wasn’t kept in the loop by the clown in the garage who I put in charge of packaging /dispatch that it had been collected (at a later slot then booked) 

so all while this has happened I’ve contacted the buyer in Scotland to tell him the courier hadn’t collected the engine and I’m trying to sort it (the engine was now delivered and signed for by him). Him realising I have made an error asked for his money back, saying he wasn’t going to bother with the engine change and just sell the car, and said I could keep Some of the money towards the postage / packaging / my time cost which I thought was more then fair. So I refunded him about 85% of the total. (Yes this should have made alarm bells ring)

fast forward about a month later I have gone back to the garage were the engine was being kept to ask the guy if anyove interested in buying it and he tells me he sent it a month ago to Scotland, the courier came and collected it. Even showed me video proof. So I ring the guy up and tell him what’s the crack, he plays dumb and says he never got it even says “you said it wasn’t sent”, I try explaining to him everything was a mistake and it was sent even signed for by him but nothing. I got angry and said he should send my money back over what I refunded him as it’s the right thing to do. He obviously didn’t and now I’m stuck with no engine or money! 

I contacted the courier and asked them for some proof of delivery which they sent me a Reciept which was signed by him with the date and time of delivery. (The tracking for this was useless btw, pallet tracking is not the most accurate so that’s one of  the reason i didn’t realise what had happened to begin with) 

anyway it’s been about a year and I’ve managed to see the guys Facebook were he is selling the car and the advert states “new engine fitted not long ago” which has really made my blood boil, as it’s obviously my engine!!

I would really like to start a claim for the money but am worried because the error on my part about not realising it was picked up/ delivered I might lose?!?! In which case I could be wasting my money to make the claim. 

Would really love some help and advice if possible I feel I have really strong evidence from the proof of delivery to the advert for the car. 

I also tried claiming through my bank at the time they said they agreed I have been scammed but couldn’t recover the money and I should pursue it through the courts. 

Do you think I have a strong case here? If so, Would someone tell me the steps I should now take to try and get him to pay me my money? Many thanks. 

Flight3287462

Unfortunately it was your mistake in refunding.  If it was me I think I would reluctantly write the money off.

Why did you only refund 85% of the purchase price?

But you could try the courts, but the story sounds a right mess.

pinkshoes

You clearly have a strong case.

Why would he accept a refund less the cost of delivery if it wasn't delivered????? Cheeky g*t!

Just send the guy a Letter Before Action and send it with proof of postage.

Dear <engine buyer>

On <date> I agreed to sell you a thingymajiggy engine for the sum of £XXX which you paid for via bank transfer.

The engine was received and signed for by you on <date>

I mistakenly thought the engine hadn't been collected by the courier that I paid for so you said you would agree to an 85% refund due to the courier fees already paid. I was grateful for your generosity on this matter as I was happy to refund in full.

The engine was actually collected by the courier (my mistake) and received and signed for by you on <date>, which was BEFORE our conversation about the refund. 

On <date> you posted on Facebook showing you had fitted the engine which demonstrates acceptance of the goods. 

You therefore have 14 days to pay the outstanding balance of £XXXXXX. If the money is not received by this date, the I will proceed to a court claim against you using the above evidence. You will then also become liable for all court costs.

Kind regards,

You

Ballistic87

Flight3287462 said:

Unfortunately it was your mistake in refunding.  If it was me I think I would reluctantly write the money off.

Why did you only refund 85% of the purchase price?

But you could try the courts, but the story sounds a right mess.

Hi. Because he said I could. And I have text messages proving this. 

Ballistic87

pinkshoes said:

You clearly have a strong case.

Why would he accept a refund less the cost of delivery if it wasn't delivered????? Cheeky g*t!

Just send the guy a Letter Before Action and send it with proof of postage.

Dear <engine buyer>

On <date> I agreed to sell you a thingymajiggy engine for the sum of £XXX which you paid for via bank transfer.

The engine was received and signed for by you on <date>

I mistakenly thought the engine hadn't been collected by the courier that I paid for so you said you would agree to an 85% refund due to the courier fees already paid. I was grateful for your generosity on this matter as I was happy to refund in full.

The engine was actually collected by the courier (my mistake) and received and signed for by you on <date>, which was BEFORE our conversation about the refund. 

On <date> you posted on Facebook showing you had fitted the engine which demonstrates acceptance of the goods. 

You therefore have 14 days to pay the outstanding balance of £XXXXXX. If the money is not received by this date, the I will proceed to a court claim against you using the above evidence. You will then also become liable for all court costs.

Kind regards,

You

Thank you for this PS.

pinkshoes

Flight3287462 said:

Unfortunately it was your mistake in refunding.  If it was me I think I would reluctantly write the money off.

Why did you only refund 85% of the purchase price?

But you could try the courts, but the story sounds a right mess.

This incorrect. Errors occur and the OP refunded in error so are quite entitled to ask for the goods back (at the OPs expense to ship them) or to be paid for them.

Same when you order from a shop online - I've had a refund once when something didn't turn up, but then 2 weeks later the parcel arrived. I phoned the shop to let them know and paid again. The shop could have then seen from the tracking it had arrived and would have 6 years to chase me for the debt if needed.

Manxman_in_exile

Flight3287462 said:

Unfortunately it was your mistake in refunding.  If it was me I think I would reluctantly write the money off.

Why did you only refund 85% of the purchase price?

But you could try the courts, but the story sounds a right mess.

Sorry, but I'd suggest that is rather poor advice.

pinkshoes is right - Letter Before claim

lincroft1710

pinkshoes said:

You clearly have a strong case.

Why would he accept a refund less the cost of delivery if it wasn't delivered????? Cheeky g*t!

Just send the guy a Letter Before Action and send it with proof of postage.

Dear <engine buyer>

On <date> I agreed to sell you a thingymajiggy engine for the sum of £XXX which you paid for via bank transfer.

The engine was received and signed for by you on <date>

I mistakenly thought the engine hadn't been collected by the courier that I paid for so you said you would agree to an 85% refund due to the courier fees already paid. I was grateful for your generosity on this matter as I was happy to refund in full.

The engine was actually collected by the courier (my mistake) and received and signed for by you on <date>, which was BEFORE our conversation about the refund. 

On <date> you posted on Facebook showing you had fitted the engine which demonstrates acceptance of the goods. 

You therefore have 14 days to pay the outstanding balance of £XXXXXX. If the money is not received by this date, the I will proceed to a court claim against you using the above evidence. You will then also become liable for all court costs.

Kind regards,

You

An LBA should be ended more formally

Dear Sir/Madam = Yours faithfully
Dear <Name of engine buyer> = Yours sincerely

unholyangel

Have you got the engine serial number? If so, phone his local plod (or rather, the number for police scotland that will connect you to them), explain what's happened, the listing, fb advert etc and ask if they'll go check and see if it's your engine.

It's stolen goods. Yes you made a mistake, but he appears to have made a dishonest representation. The former in no way excuses the latter. Nor does he have title to be able to give it to anyone else. 

There's half a dozen ways to approach it but not all of them are wise (not talking about anything illegal, some lines should never be crossed). Although one or two (ie him trying to sell a car with no engine) may relieve the frustration. 

Ballistic87

pinkshoes said:

You clearly have a strong case.

Why would he accept a refund less the cost of delivery if it wasn't delivered????? Cheeky g*t!

Just send the guy a Letter Before Action and send it with proof of postage.

Dear <engine buyer>

On <date> I agreed to sell you a thingymajiggy engine for the sum of £XXX which you paid for via bank transfer.

The engine was received and signed for by you on <date>

I mistakenly thought the engine hadn't been collected by the courier that I paid for so you said you would agree to an 85% refund due to the courier fees already paid. I was grateful for your generosity on this matter as I was happy to refund in full.

The engine was actually collected by the courier (my mistake) and received and signed for by you on <date>, which was BEFORE our conversation about the refund. 

On <date> you posted on Facebook showing you had fitted the engine which demonstrates acceptance of the goods. 

You therefore have 14 days to pay the outstanding balance of £XXXXXX. If the money is not received by this date, the I will proceed to a court claim against you using the above evidence. You will then also become liable for all court costs.

Kind regards,

You

Hi. Quick question. On the LBA, which personal details should i include? 

My address in the corner? Bank details for
payment? 

Thanks again. 

pinkshoes

Ballistic87 said:

Hi. Quick question. On the LBA, which personal details should i include? 

My address in the corner? Bank details for
payment? 

Thanks again. 

You need to give your personal address so they can write to respond, and it might be wise to remind them of your bank account number and sort code so they can pay and not use the "no bank details" as a reason not to pay.