Advice on Small Claims Court
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That's interesting. So basically everything eBay told me on the phone was just pillow talk! I may call them again since I've now uploaded the proof they requested. I didn't know a seller could escalate a case.
Both buyer and seller have the option to escalate the case. As a seller you need to have 100% concrete and clear evidence on the case if you are going to escalate it, as eBay tend to favour the buyer.
If you lose the escalation, the buyer may be refunded (your funds) and may not have to send the item back (as far as ebay are concerned). It will then be up to you to try and retrieve the item.
Your fees will not be reimbursed.0 -
The item was originally sent to the buyer via eBay Shutl, if that's what you mean. That's the only shipping label that's been purchased.
I read your comment
as meaning a return label had been supplied.Unfortunately he has my name and address from the return label of the parcel through eBay.The case closes on the 16th August when the buyer can escalate.
The case won't close on the 16th. If it says the case can be escalated on the 16th that is when it is available for escalation. If escalated it won't close until eBay make the decision.0 -
Hi, I am a newbie and cannot figure out how to post a new thread? I am after some advice, if someone could direct me as to how/where to post.
I have received a Directions questionnaire N180. The claimants are using Howard Cohen solicitors and a referring to a debt from 2012 that I am unaware of. Despite numerous requests for more information,Credit agreements etc. I have no information, account numbers etc as to what this debt is referring to. Because of this, I do not fall into the category for mediation. The claimants have opted for mediation. If i don't accept mediation, the court may frown upon me, being uncooperative, however mediation states that is should only be used to reach an agreement to settle the debt and all parties must have the relevant information on the case. I need paperwork to be able to discuss/negotiate . I considered sending a letter with the form but unsure if this is really correct protocol.0 -
OK, thanks for the all the advice here, it's been instrumental in enabling me to decide how to proceed. So despite all the nonsense of the buyer in this case I've decided to issue the refund through ebay as advised. I just spoke to eBay now and they explained that the the case can only end in a refund in favour of the buyer! So no amount of proof I submit would change matters, and I can't close it or escalate myself. On that basis I'll just have to go ahead and accept the return as the most expedient resolution. Thanks again for all the help. I presume the item will come back in pieces, or I'll receive an empty box, and I will loose the £125 in any case as there seems to be no protection from these buyers...0
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OK, thanks for the all the advice here, it's been instrumental in enabling me to decide how to proceed. So despite all the nonsense of the buyer in this case I've decided to issue the refund through ebay as advised. I just spoke to eBay now and they explained that the the case can only end in a refund in favour of the buyer! So no amount of proof I submit would change matters, and I can't close it or escalate myself. On that basis I'll just have to go ahead and accept the return as the most expedient resolution. Thanks again for all the help. I presume the item will come back in pieces, or I'll receive an empty box, and I will loose the £125 in any case as there seems to be no protection from these buyers...
You've been incorrectly advised again, but eBay are renowned for saying whatever they want to.
You can escalate, but you cannot do it until day 8 (the 16th from memory). You can escalate and you can win, I have won, but it takes a lot of clear evidence. The balance of burden means eBay tend to favour the buyer whatever you put forward, and they penalise you if you lose. In the most cases, it is better to accept the return.
The best way to move forward IMHO is to accept the return, issue a returns label (either your own with a carrier you want to use or one of eBay's own who will bill you at the end of the month) and get the item back. You then refund. If there is any damage etc or you wish to appeal the case, you need to refund and then appeal submitting your evidence.0 -
Ziggydiamonddogs wrote: »Hi, I am a newbie and cannot figure out how to post a new thread? I am after some advice, if someone could direct me as to how/where to post.
I have received a Directions questionnaire N180. The claimants are using Howard Cohen solicitors and a referring to a debt from 2012 that I am unaware of. Despite numerous requests for more information,Credit agreements etc. I have no information, account numbers etc as to what this debt is referring to. Because of this, I do not fall into the category for mediation. The claimants have opted for mediation. If i don't accept mediation, the court may frown upon me, being uncooperative, however mediation states that is should only be used to reach an agreement to settle the debt and all parties must have the relevant information on the case. I need paperwork to be able to discuss/negotiate . I considered sending a letter with the form but unsure if this is really correct protocol.
You need to find the most appropriate board to post your new thread. Is it an eBay issue?
If so, this is the right board but you need to make your own thread.
You can make your own thread by going to the main part of the board you need and using the "new thread" button. You can't do it from a thread itself.
It if is an ebay issue, scroll up on this page to the bit that says "Ebay, Auctions, Car Boot & Jumble Sales" and click the blue link on that actual text. That will take you to the main part of the Ebay board.Main site > MoneySavingExpert.com Forums > Shopping & Freebies > Ebay, Auctions, Car Boot & Jumble Sales > Advice on Small Claims Court (Page 1)0 -
You should just defend the case saying you have no knowledge of the debt. You may then get a date for a hearing should the claimant react to your defence.Ziggydiamonddogs wrote: »Hi, I am a newbie and cannot figure out how to post a new thread? I am after some advice, if someone could direct me as to how/where to post.
I have received a Directions questionnaire N180. The claimants are using Howard Cohen solicitors and a referring to a debt from 2012 that I am unaware of. Despite numerous requests for more information,Credit agreements etc. I have no information, account numbers etc as to what this debt is referring to. Because of this, I do not fall into the category for mediation. The claimants have opted for mediation. If i don't accept mediation, the court may frown upon me, being uncooperative, however mediation states that is should only be used to reach an agreement to settle the debt and all parties must have the relevant information on the case. I need paperwork to be able to discuss/negotiate . I considered sending a letter with the form but unsure if this is really correct protocol.
As you've posted on here I'd assume you're referring to an Ebay debt. As debts time out after 6 years (with a few exceptions that are unlikely to apply here), it looks like they're making a last ditch effort to get some money back..0 -
Hi currently in the midst of a thoroughly depressing encounter with the small claims court: having been sold a dud car by a local car dealer (literally their lot backed on to my building's car park), it transpired they would not honour the warranty by refunding only replacing. Having paid £200 to the AA to ensure i the car they were trying to fob off on me wasn't another dud - the AA advised me it was so at an impasse and went to Money Claim Online.
Went through each stage and got the judgement awarded in my favour and the warrant for all my costs. Having paid all the fees and sent the bailiffs on to them, despite numerous chasers, 7 weeks later the bailiffs responded that they'd been unable to locate the business and has reason to believe it had closed down. Unfortunately, they are nigh on impossible to get hold of and unresponsive to emails, as i had been advising the bailiffs that they were very much in business and had several cars still on the lot. THey have subsequently wound up (although there are still cars on the lot) but the bailiffs don't want to know.
Moral of the story is that as dodgy as the car dealer was - don't expect any more integrity from any bailiffs or help from MCOL!0 -
Not sure why these are coming up on here. The bailiffs can only go on the company that you took the claim out against, sounds like the directors have just liquidated one and started a new company. If the company is in liquidation you can apply to the liquidators, whilst there will unlikely be any money in it for you you can potentially stop them from trading. The liquidator can apply that the directors be struck off if there is a pattern of unlawful behaviour.Moral of the story is that as dodgy as the car dealer was - don't expect any more integrity from any bailiffs or help from MCOL!
Perfectly legal, if morally bankrupt. It's one of the problems of court claims, it isn't always a matter of winning and getting your money back.
My advice originally would have been to go to Trading Standards. That still stands but at this stage you might want to enlist the help of the media. Although the chances of getting any money back now are remote to zero..0
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