Advice on purchase gone bad

barakuda

My father bought some items from Ebay. Unfortunately he trusted someone with hardly any feedback and he paid by cheque (I know, I know - he won't be doing that again after my strenuous advice). The items were two pottery figures. When they arrived they had been smashed and badly glued back together. They were described as being in excellent condition. We asked for a refund but were told that the items were sent in good condition. Obviously the Royal Mail do not open parcels and badly repair items. The sellers would not cooperate further. I contacted the police and was told that it is a civil matter. I threatened the sellers with a small claims court action and they said that they would send a refund if we sent the items back. We did this - not expecting a refund but hoping that it would put us in a better position. Needless to say the refund has not been forthcoming. Can I try to get the police involved again now that they have the goods and the money? Is small claims court our only remaining recourse? Any other advice would be much appreciated.

dollydoodah

Please tell us you returned them by a trackable method - recorded or special delivery?

soolin

I think the police are unlikely to get involved in such a dispute. If you go down the small claims route it will cost you more and still won;t guarantee you any money back.

RFW

You can still contact Ebay and open a dispute for non-performing seller. You won't get any money back but will alert them to make sure it doesn't happen again.

You could also try trading standards. Not sure they'd do much as it sounds like a private seller, but they might be able to help, they'll certainly take more interest than the police.

Small claims court is probably not going to be a good way to go, you'll just be throwing more money away and you haven't even got evidence any more.

stokechick16

As already asked - have you got proof of delivery? Have you also got proof of the damage (photos)?

DGJsaver

Presuming the items are for a value of below i think £300 , it would only cost £30 to file the claim at small claims , although i`m not sure which court would hear the case , your local one or theirs

Dan

barakuda

We did send the goods back by a trackable method. My dad isn't really bothered by the amount of money lost - but it is the principle really. These people almost know that they are guranteed to get away with such scams. They have taken great delight in stating - "it is just your word against ours"! I told them that that was true but also mentioned that my father has a respectable track record dealing in such items, whereas they obviously have not (their feedback shows evidence of several more scams - which have happened since out problem with them). They have since promised to send a refund, but of course it hasn't been forthcoming.

It is just annoying that they think they can act with impunity and get away with it.


Thanks for the advice anyway, folks.

barakuda

On the court front, we can file at the local court, but they can ask for a transfer to their local court apparently - and they are in Scotland. We are in Staffordshire. Is it really worth pursuing any further or is the risk of loss too much? I don't want them to get away with it, but they really will be clapping their hands if they somehow win. Surely the fact that we can prove they have the items back and they have offered a refund would work in out favour? The only drawback is that they have never admitted sending the items in the knackered condition that they were in, in the first place.

I have no idea how such cases are handled or how the results tend to go.

Premier_2

Go for a small claims if you want to.

From the evidence you have got, you will probably win the case. As previously mentioned it will cost £30 to file the matter in your local court (or £25 online https://www.moneyclaim.gov.uk/csmco2/index.jsp )
If the seller is a private individual, the matter can be heard at the sellers local court, if a business then you as a buyer can request it is heard at your local court.

The court hearing fee will be an additional £25

If you win the case you normally automatically get the fees awarded (as well as the amount claimed). Reasonable travelling fees, overnight accomodation and loss of earnings (such loss of earnings limited to £50 per day) can also be requested.

The issue is whether the seller has the means to repay as the court will only order them to repay what they can reasonably afford.

However..., and this is what I have usually found, the matter never even makes it to court. When such a scam artist is faced with the court summons they pay up. Or sometimes they wait until the hearing date and panic and pay up. The court will probably suggest you use the court mediation service (which is free once a claim is filed) before the hearing and this usually settles the matter if it gets to this stage. All this happens with your expenses being the initial £30 (£or £25 online) filing fee and so you get the initial amount claimed plus that.

If it goes to court, the amount awarded if you win could be several hundred pounds based on the expenses alone (Rail fares alone can be quite expensive) and that worry once explained to the con artist usually makes them pay out.

Good luck!


Edit:
The reason you are likely to win is that you have paid for goods which you no longer have. i.e. the seller has your money and the goods. On that basis the court will probably find in your favour.

barakuda

Thank you very much for your advice Premier. That is exactly the sort of additional information that I was looking for.

oasisfeverish

barakuda,

If you decide to go the court route, ensure you send a LBA (Letter Before Action) by trackable method.

The contents of this letter is to advise the seller that you are giving them 7 days notice to send a full refund before court proceeding will be started. Also advise them that you have proof that they received the items and signed for them.

If then you go to court (or submit a AQ), the courts will look more favourable towards you showing that you have attempted to come to a satisfactory result for both parties before entering court proceedings.

As it has been said if this seller receives a summons through their letterbox they are more than likely to then pay up. If they fail then you can include travelling costs to your claim should you have to go to scotland. The seller will not want a CCJ by default. And if they do, then appoint a bailiff to recover the funds and they will charge the seller the cost of their visit.