Purchased fake bag

2

Comments

  • Autumnella
    Autumnella Posts: 605 Forumite
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    Don't bother with a solicitor. Send a "letter before action" giving 2 weeks pay and then start court proceedings, using the money claim link someone posted above.
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  • waamo
    waamo Posts: 10,298 Forumite
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    Autumnella wrote: »
    Don't bother with a solicitor. Send a "letter before action" giving 2 weeks pay and then start court proceedings, using the money claim link someone posted above.

    Don't use signed for post either. It's a waste of money and does nothing to assist you.

    Use ordinary first class postage and get receipt for posting. This is free from any post office. First class post is deemed to have been delivered unless the recipient can give credible evidence it wasn't.

    Simply saying "never got it guv" is not credible evidence.
  • Gavin83
    Gavin83 Posts: 8,749 Forumite
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    waamo wrote: »
    Don't use signed for post either. It's a waste of money and does nothing to assist you.

    Use ordinary first class postage and get receipt for posting. This is free from any post office. First class post is deemed to have been delivered unless the recipient can give credible evidence it wasn't.

    Simply saying "never got it guv" is not credible evidence.

    What credible evidence would you suggest someone supplies to prove they didn't receive a letter?
  • waamo
    waamo Posts: 10,298 Forumite
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    Gavin83 wrote: »
    What credible evidence would you suggest someone supplies to prove they didn't receive a letter?

    No idea. Not my problem. That's why you use first class post. It makes it very difficult for someone to claim they didn't get it.
  • Gavin83
    Gavin83 Posts: 8,749 Forumite
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    waamo wrote: »
    No idea. Not my problem. That's why you use first class post. It makes it very difficult for someone to claim they didn't get it.

    It makes it very easy for someone to claim they didn't get it, prove they did!

    I second several other posters on here, if you're sending legal docs (such as LBA) send it recorded. If the person states they didn't receive it the court will delay the case.
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
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    Gavin83 wrote: »
    It makes it very easy for someone to claim they didn't get it, prove they did!

    I second several other posters on here, if you're sending legal docs (such as LBA) send it recorded. If the person states they didn't receive it the court will delay the case.

    You don't have to prove they did. The assumption is they did get it. They have to prove otherwise.
  • kazwookie
    kazwookie Posts: 13,841 Forumite
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    edited 11 July 2018 at 6:39PM
    Who authenticated the item to say it was a fake?

    What type of document did they give you to say it is a fake?

    Where is the fake item now? if it went back to LV for authentication, they keep the fakes, to get them off the 'street' so to speak, I know to my cost!

    If you have the right documents, I would also suggest you contact your local trading standards, as they can be right B*****D, when dealing with fake goods, as I also know.
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  • George_Michael
    George_Michael Posts: 4,251 Forumite
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    Gavin83 wrote: »
    It makes it very easy for someone to claim they didn't get it, prove they did

    The only thing the sender has to prove is that they posted the letter.
    Whether it's an LBA, a NIP for a traffic offence or a parking fine then provided there is proof of sending, the intended recipient has to prove that they didn't receive it.
    Gavin83 wrote: »
    I second several other posters on here, if you're sending legal docs (such as LBA) send it recorded. If the person states they didn't receive it the court will delay the case.
    If I was dodgy and I thought that I was going to be receiving an LBA and a signed for letter arrived, I would refuse to accept the delivery then the sender wouldn't be able to prove delivery.
    With an unsigned for LBA, the onus would be on me to prove that I didn't receive it.

    I know that this act doesn't cover all situations but:
    https://www.legislation.gov.uk/ukpga/1978/30/section/7
    References to service by post.
    Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.
  • waamo
    waamo Posts: 10,298 Forumite
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    Gavin83 wrote: »
    It makes it very easy for someone to claim they didn't get it, prove they did!

    I second several other posters on here, if you're sending legal docs (such as LBA) send it recorded. If the person states they didn't receive it the court will delay the case.

    I think you have completely misunderstood the legal position. If you sent it they got it. You don't need to prove anything.
  • DCFC79
    DCFC79 Posts: 40,598 Forumite
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    Abbiedabbiedoo wrote: »
    Thanks for your reply yes I have her 2 weeks to respond to letter which she has signed for. I have a certificate of authenticity to say it’s fake. I phoned a solicitor today. £100 for half hour appt. just thought maybe I could do something else. I had heard of small claims court but when I google it brings up other lawyers


    Shouldn't do, Ive just checked and the first link is the gov.uk web address which tells you about the small claims court process.
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