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Cinnamon

Small claims help please

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We bought an outboard motor on eBay back in September, & when we recieved it,it was faulty,so it was returned to the seller who was going to fix or replace it.

 

This is now weeks ago, & we still have not had it back :?

We have had promises of it being soon,next week,tomorrow & so forth - you wouldn't believe the amount of times I have waited in for it :roll:

I have asked eBay for the sellers phone number,which is incorrect,so I cannot contact him that way either (this has been reported to eBay)

 

Its now been so long that I cannot make a Paypal claim or leave feedback for him, & he has no answered mt emails for the last few weeks, so I am thinking of taking him to small claims to get my money back (£350 - not a small amount!)

 

Has anyone got any experience of this or can anyone give me some advice as to the best way to go about doing this?

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OH has experience of this and says that after winning in the small claims that you have to get in the queue behind all of the other people that people like this owe money to. If they haven't got any money, which these people never have, you wont see a penny. OH says that he wouldn't bother unless amount owing is over £1000. He says that if you are taking a crook to court you are going to loose. These people know how to work the system. What about drafting a decent letter and sending it by Special Delivery so that you know that they have received it threatening court action and saying that you will be making a formal complaint to eBay to have them removed as a seller.

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Thanks both.

 

The letter is in hand - I have already sent them an email (both to their address & via eBay) saying that if I am not refunded bt Wednesday,then I will be taking court action.

 

They have really ggod eBay feedback, & are still trading so I am not sure if they are crooks as such,or just mucking me about a lot :?

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Might be worth spending eight quid to look the individual PP to see if they have other CCJs.

 

**Click**

 

As Chucky Mama says, if they have a whole list of them, it might not be worth proceeding. If they have none, it might.

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I used the link that Egluntyne posted when I claimed against that horrid builder who left me with a leaking roof. Very easy, we ended up in court so I'd recommend that you keep and print of any correspondence as a record and keep a diary of events. I won, and I hope that you do too xx

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We just did it with O2 who refused the do anything about Chris' faulty phone despite ConsumerDirect and our local Trading Standards telling us that it was up to O2 to fix it.

 

We used the MoneyClaim website and, upon receupt of the court documents, O2 rang us to say that, whilst they completely repudiated our claim, they were prepared to offer us the amount claimed as a gesture of goodwill :-)

 

Admittedly, this was a much bigger company but I say go for it and good luck!

 

Rpb

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That is good news - I hate it when large companies think they can just stomp all over the consumer.

 

Had a very stroppy email from the seller this morning, so I have drafted my letter & will get it in this mornings mail - bring it on!

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Good for you Sarah, are you planning to copy the letter to the seller? I would as it might put the wind up him and hopefully make him sort it out quickly.

 

The CCJ against him doesn't actually force him to pay up - he can ignore the judgement and refuse to pay, in which case, you need to go back to court to get a reinforcing order, which is when they will send the bailliffs in! This would show on his credit records and he would find it hard to get any credit.

 

If you win, he will need to pay what he owes you, plus any interest on that amount, plus your court expenses.

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Just had another email saying that he is sending it out today (3 weeks late).

 

I have replied telling him not to, & that if it does arrive we will refuse to accept delivery of it.

 

Thanks for that info Clare.I have copies of everything - letters,emails,payment reciepts,the lot :P

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While it's fresh in your mind, go back and write a diary of dates and events so that you can be clear if you need to refer to it - best advice I was given.... I talked to one of the solicitors at work about it and they knew quite a lot.

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Sort of :?

 

I have given him til the end of the month to refund me & have agreed with him that he can sell it on in the meantime to get the funds together.

 

I have stipulated both by email & recorded delivery post that only a full refund is acceptable & he will have to make up any shortfall from any sale he makes.

 

We shall see how this pans out I guess.

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Oh yes :D

 

That said,I have just looked & he hasn't yet listed it on eBay,& he said it would be done on Tuesday :?

I wonder if he is playing another game here?????

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Best of luck.

 

Nothing more irritating than being done out of money by dishonest people over ebay issues.

 

Grrr.

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Good news :D

 

It sold on the same day that the seller relisted it,so he is sending me a cheque tomorrow.

 

I won't settle until I have the cheque & its clear mind,but I am very relieved that he listed it,sold it & is happy to refund me now :P

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