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 any one used small claims court UK before

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geordie
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PostSubject: any one used small claims court UK before   Thu Jul 08, 2010 8:39 am

just wondered if anyone has experience of using the small claims court before,

ive been shafted on ebay (£273) and after speaking to a solicitor it looks likely im gonna have to go down this route to get either my goods or money back,
ive also been advised not to go knock on his door

any info greatly appreciated

cheers

Andy
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PostSubject: Re: any one used small claims court UK before   Thu Jul 08, 2010 10:05 am

Assuming you sent him goods and didn't get money?

If so, have you tried getting the Police to pay him a visit? If he has your property and didnt pay for it (either in goods or cash) they are technically stolen goods. Funny how a visit from the local constable using makes people set things right.


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geordie
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PostSubject: Re: any one used small claims court UK before   Thu Jul 08, 2010 8:30 pm

i sold him a ps3 in january, he wasnt happy, i refunded, he returned it to my gf old address,
we have no idea how this happened, obviously there was no one there so it was bounced back to him..

he point blank refuses to return it, paypal after 6 months have decided they are doing nothing as he "attempted" to return it once, police wont get involved as its a civil matter

he is 200 miles away in an area described as "beirut" by some who know it, taken legal advice and am contemplating small claims court which will cost me about £100,,, total value of the ps is £273


family and g/f and police !!!! advising me not to go to his house to sort it or i will prob be arrested


Andy
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xxGANDALFxx
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PostSubject: Re: any one used small claims court UK before   Fri Jul 09, 2010 2:35 am

M8y, Ebays rule state he needs 'Proof or recipt' for the return not 'Proof of Attempt' If you didnt sign for it PayPal are in the wrong, u need to phone them and speak to a manager

Ive just returned an item which had to go to a PO box which carnt give proof of recipt so it wasnt signed for at the other end, Ebay ruled as there was no proof the seller had recived it then i had no claim. I have the post office signed for recipt but as it wasnt completed ppaypal dont care so i have to claim from post office now.
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geordie
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PostSubject: Re: any one used small claims court UK before   Fri Jul 09, 2010 6:19 am

Lee,

ive spoken to managers mate, its been going on for months now,

Ive explaioned all this saying i had never received the goods so there was no proof of delivery, he only as you say had proof of attempted delivery

basically there are just not interested , ive tried to go through ebay but there 45 day??? rule is well over, im gonna try get in touch again , ive messaged a couple of other people who he dealt with and he is at the same address,


Andy
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xxGANDALFxx
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PostSubject: Re: any one used small claims court UK before   Fri Jul 09, 2010 9:56 am

geordie wrote:
Lee,

ive spoken to managers mate, its been going on for months now,

Ive explaioned all this saying i had never received the goods so there was no proof of delivery, he only as you say had proof of attempted delivery

basically there are just not interested , ive tried to go through ebay but there 45 day??? rule is well over, im gonna try get in touch again , ive messaged a couple of other people who he dealt with and he is at the same address,


Andy

In my experiance keep phoning, Ive had decisions over turned by 1 manager quite easily that another manage refused point blank to do so.
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PostSubject: Re: any one used small claims court UK before   Fri Jul 09, 2010 2:28 pm

Hi Andy, keep trying the different manager approach, as Lee said. Otherwise small claims court might be best option - a pain I know but at least you recoup some of the money and you win on principle. Also the guy might cough up if he knows he's gotta go court. Would not recommend paying a visit, I know Cov a bit and that's not such a good area - just not worth it mate, whatever the area, too many nutters about these days, and dude we want you to stay on TIG! Not end up in a cell Smile hope you get some answers soon mate, be cool Cool

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geordie
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PostSubject: Re: any one used small claims court UK before   Sat Jul 10, 2010 10:39 am

Received an email today from paypal

saying try contacting the buyer for a refund yourself !!!!!!!!!

Ive phoned again and got to speak to another manager, i again explained what had happened and mentioned the email, the guy told me not to bother contacting him !!! talk about contradicting themselves again.

they do not have a clue there like, he also said the claim was escalated about two hours ago to the highest manger/ director that it can go, again after they emailed/ told by phone that it was closed

i have looked on their website and it states that they need a "proof of delivery" which they have not got i have also asked for audio copies of all the phone conversations where i was promised my money back


Paypal are supposed to be phoning me either monday or tuesday to settle the matter


the saga continues


Andy
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PostSubject: Re: any one used small claims court UK before   Sat Jul 10, 2010 11:59 am

9 out of 10 times all there interested in is getting you off the phone as there behind on there calls per day quoter
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PostSubject: Re: any one used small claims court UK before   Tue Jul 13, 2010 12:24 pm

Paypal actually did get in touch today,

they appologised for the whole episode as its dragged on for over 6 months now, they are , as a goodwill gesture refunding the whole amount back to my paypal account within 3 days.

also got an email from them confirming this

they had promside me this over a month ago but it never happened thats why i was asking for copies of all the telephone conversations between me and them, obviously they have listened to them and realised they where in the wrong, ALSO they went against there own rules by refunding the guy before i received my goods back

a slightly happier

Andy
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PostSubject: Re: any one used small claims court UK before   Tue Jul 13, 2010 1:52 pm

Glad its sorted m8 Smile
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geordie
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PostSubject: Re: any one used small claims court UK before   Wed Jul 14, 2010 12:02 pm

Finally sorted, got full refund today

thanks to everyone that offered advice


admin please lock


Andy
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