Scots buyer, English seller dispute.

islecastle

I'm the Scots buyer. Just been scammed by a seller south of the border on ebay. Basically item not received. Carrier has no record of the item. No tracking number. Detective work revealed that he had sold the item a month previously (on ebay using another of his ids) to an apparently satisfied buyer.
I am now going to sue under the the small claims procedure. Question is , do I use the Scottish courts or the English courts?
Anybody got experience of this?
Dave

Dick_here

Is this 'English' seller really a Nigerian ?

islecastle

!!!!!!_here wrote: »

Is this 'English' seller really a Nigerian ?

No, he's from Gloucester. I've done enough research into him to know that he exists! (both of him)
Dave

Hintza

Did you pay with PayPal?

Assuming you did just start a dispute through them.

islecastle

Hintza wrote: »

Did you pay with PayPal?

Assuming you did just start a dispute through them.

No. He didn't take PP at the time. Paid by cheque.

Any body know the answer to the original question? Scottish court or English court?

Dave

custardy

your local court.
i took an english company to small claims in my local court

how much are we talking here? as i had to fire of a soliciters letter (an later would have been baliffs) to get the refund even after a win in my favour

jan03

Apply to the scottish court, the seller will have to then travel to it to dispute his case.
Even if you don't win at least you will have the satisfaction of costing him travel expenses and time!

paisley_lass

i had a problem before involving trading standards (me buyer in scotland seller in england) and was informed that because i was in scotland it would be scottish law that applies.

islecastle

Claim is for £116.
Because it is for less than £200, scottish court will NOT allow me to claim expenses including the court fee of £44.
English court fee is £30 and I can claim expenses, but the seller can elect to have the case moved to his local court 300 miles away, and I will have to provide an english address for correspondence.
I'm moving towards the scottish solution even if it does cost £44 out of my £116 claim just for the sake of nailing the blighter.
Dave

mpython

Based on what you've said, I'd go for making the claim in the scottish court. The defendent will probably not even bother contesting as the travel will be a major pain. Will you not get your £44 back if you win (on top of your claim)?

islecastle

mpython wrote: »

Based on what you've said, I'd go for making the claim in the scottish court. The defendent will probably not even bother contesting as the travel will be a major pain. Will you not get your £44 back if you win (on top of your claim)?

If I have read the court website correclly, apparently not for claims less than £200. This doesn't seem fair to me.
Dave