Small Claims Court

cerio56

Hi
I did something kind but silly and now want to take an ebay buyer to the small claims court but first want to check here if anyone knows if my case will stand up.

I sold two items, totalling about £110 plus postage costs, to a buyer on ebay. They paid by Paypal and their payment was pending (that is awaiting transfer from their bank to Paypal). It was nearing Christmas and, not wanting their items to be posted too late for Christmas, I posted the items to them, with their payment still pending in ebay, with still a couple of days before clearance. On receipt of their items, in return for my kindness, they immediately cancelled their two payments and kept the items without paying.

I have evidence that they purchased the two items on ebay and of how much they were due to pay, evidence that they received and signed for the package (registered post slip tracking number), evidence that they then cancelled their Paypal payments and an email from the buyer, in reply to my query of why payment was cancellled, confirming they received the items, with a lie stating that they had not cancelled the payments but Paypal had done it (Paypal hadn't, the buyer had) and that they would send a cheque, which, of course, they didn't. Is that enough evidence to take to court?

I realise that it may not seem worth it for about £100, when there are court costs (I think around £30) but I am willing to risk losing a further £30 in order to not let them just get away with robbing me, if there is a good chance of me winning with that evidence

Also, I'm curious, if I do win the case, can the court ensure they pay? Are they penalised in any other way, such as credit rating affected?

I don't know if it makes any difference to the laws that apply but I live in Scotland.

Any information would be helpful.

Regards,
Ceri

V_tricky

ENGLAND This link might be of use to you - it explains simply everything you need to know - hope this helps!

Edit : Durr - just read you live in Scotland - Yes it does make a difference

SCOTLAND

Sillychuckie

Read up about your ebay and paypal seller protection.
If you are not covered (because you sent before the payment cleared), then starting the court proceedings is probably more than enough to scare them into paying.

And if it did go all the way... I'm guessing, based on what you have told us, you would stand a good chance of winning. Most likely, they wouldn't put in a defence and you'd win by default.
Before doing so though, try the seller protection, and write another letter (recorded) demanding payment (and threatening court action).
You have to take these steps first.

SC

mrsthrifty_2

I personally would try sending a letter before action [ LBA ] Recoded Delivery asking for the amount to be paid by a certain date or else you will take the matter to small claims, it often works.

you may find reading through the following links helps you decide whether to try small claims or not if a LBA doesnt work

http://www.adviceguide.org.uk/scotland/your_rights/legal_system_scotland/small_claims_in_the_sheriff_court_scotland.htm#Typesofcasesforwhichthesmallclaimsproced

http://www.scotcourts.gov.uk/sheriff/small_claims/index.asp