Serial Small Claims Court Claim Scam

[schueymcfee]

Anyone heard of this?

Claiming received empty package then claiming for 75% more of initial cost of product. Given less than a day to investigate what's happened and then issued with a money claim form?

I have it on good authority the claimant has multiple claims going (and I don't mean just a few).

[essayer]

Sounds a risky tactic, the courts are going to take a dim view of someone not following the pre-action protocols - could end up paying the other party’s costs

[OverSteery]

essayer said:

Sounds a risky tactic, the courts are going to take a dim view of someone not following the pre-action protocols - could end up paying the other party’s costs

what he said.

Courts do not like being lied to.

Notice the significant penalties applied to those trying to duck a 3 pt speeding fine by lying about the driver..

Perverting the course of justice carries a maximum sentence of life imprisonment !

[pavarotti1980]

OverSteery said:

what he said.

Courts do not like being lied to.

Notice the significant penalties applied to those trying to duck a 3 pt speeding fine by lying about the driver..

Perverting the course of justice carries a maximum sentence of life imprisonment !

Sounds more like perjury

[schueymcfee]

I need some form of proof the box was or was not empty to defend though. Which I am working on with Royal Mail.

I don't understand the 75% increase in claim over the amount paid though. There is nothing on the claim that specifies why. If it was for the amount paid, I would have no problem just refunding.

I'm now in a position where I have no choice but to defend.

edit: with regards, pre-action protocols - from communication to letter before action and money claim was three working days. So have they been met?

Edited by schueymcfee on Thursday 30th August 14:14

[kestral]

schueymcfee said:

Anyone heard of this?

Claiming received empty package then claiming for 75% more of initial cost of product. Given less than a day to investigate what's happened and then issued with a money claim form?

I have it on good authority the claimant has multiple claims going (and I don't mean just a few).

Utter rubbish!

[Andehh]

Got more details from their claim??

[schueymcfee]

Andehh said:

Got more details from their claim??

Not really. It just states amount paid and that it's breach of contract.

[deckster]

schueymcfee said:

Andehh said:

Got more details from their claim??

Not really. It just states amount paid and that it's breach of contract.

Are they genuine court documents? It's easy enough to knock something official-looking up in Word and I suspect there are a good few people who will just pay up to make them go away.

[schueymcfee]

deckster said:

Are they genuine court documents? It's easy enough to knock something official-looking up in Word and I suspect there are a good few people who will just pay up to make them go away.

Yes because I have called the courts and used the site. It's definitely genuine.

[Mafffew]

Surely the weight of the box will prove if it was empty or not. Royal Mail should have a record of that, surely you would have too when you posted it?

[Chrisgr31]

schueymcfee said:

I don't understand the 75% increase in claim over the amount paid though. There is nothing on the claim that specifies why. If it was for the amount paid, I would have no problem just refunding.

I'm now in a position where I have no choice but to defend.

Surely the 75% is just an amount to cover the costs of submitting he claim dealing with it etc? Or rather its a figure that the claimant has decided is an amount that the supplier will be prepared to pay just to get them to go away.

My guess is if you defend the claim will be withdrawn.

[Nickyboy]

Mafffew said:

Surely the weight of the box will prove if it was empty or not. Royal Mail should have a record of that, surely you would have too when you posted it?

Posties don't weigh the boxes before delivery believe it or not. It's weighed at the point of posting but that's all.

[anonymous-user]

For a parcel sent at the post office the weight of the item will be on the receipt - unless the item was very light that will clearly show if the parcel was empty or not when it was sent.

[J2daG1990]

At the end of the day if you don't have a receipt to prove weight, statement from the post office worker, etc. and he doesn't have any proof the parcel was empty then it's just going to be your word against his in court. That wouldn't be enough evidence IMO to prove you guilty. Do you have a decent feedback record, ratings, reviews, etc. from previous buyers to put you in a good light?

Thinking about it, do you have proof of the amount paid to send the parcel? As the amount should correlate to the item weight and size. That can then be cross-referenced to the post office price list.

[irc]

What value are we talking about? As the defendant gets to choose their local court in small claims and most expenses aren't recoverable it would be an expensive and time consuming way to try and get £50 back.

As for the empty box claim? One person's word against another. If the OP is a credible witness backed up by good feedback this will go nowhere.

[Saleen836]

Where was the item sold through?

If it was through somewhere like ebay the buyer would have to go through the correct procedure with them first

[Psycho Warren]

Of course its a scam. He will rely on a certain number of people he screws over coughing up meaning he gets free goods and a refund.

If you fight it properly i suspect it will all go away before the court date.

The extra over the goods cost is just sheer lunacy.

[Mafffew]

Psycho Warren said:

Of course its a scam. He will rely on a certain number of people he screws over coughing up meaning he gets free goods and a refund.

If you fight it properly i suspect it will all go away before the court date.

The extra over the goods cost is just sheer lunacy.

Agreed.

[schueymcfee]

Weight is 2kg, don’t really want to disclose exact value for obv reasons but it’s less than £100. Not through eBay.

If claim is against a business then the court location will be close to claimant as far as I can tell.

I shall fight it - just for the fact of all the abuse the staff have had on the phone to pressure into refund.