Any Solicitors In ? Court - What can I claim ?
Any Solicitors In ? Court - What can I claim ?
Author
Discussion

*taz*

Original Poster:

87 posts

229 months

Monday 4th August 2008
quotequote all
Only a minor matter, I bought some car parts off Ebay from a Trader and they are absolutely nothing like described - ie obviously fecked.

Paid £300ish.

He originally was unco-operative but now via Ebay disputes has offered my money back IF I return the item.

But it cost me £45 in collection fees and will cost £45 to return and I don't trust that even if I returned it, he'd pay up (and he's said he won't cover postage)

So if I take him to court (I've seen the online forms) what can I claim ?

Just the cost of the parts ?
Cost plus postage £90 (As I wouldn't have bought them had they been correctly described)
Extras such as my time (I'm self employed) or storage for the parts pending the case etc.

Any help would be appreciated.



*taz*

Original Poster:

87 posts

229 months

Monday 4th August 2008
quotequote all
Anyone ???

Andy Zarse

10,870 posts

278 months

Monday 4th August 2008
quotequote all
Might be better posting this in Speed Plod and the Law section of PH?

elwe

192 posts

251 months

Monday 4th August 2008
quotequote all
If you are taking him to the small claims court then you can claim for postage and storage. You need to keep your claim reasonable though and give him plenty of chances to pay up before you escalate things too far.

At this point I would be asking for postage both ways and letting him know that you are willing to take it to the small claims court if he doesn't pay up. Give it a week and if he hasn't agreed send him the fully filled out small claims forms with a demand to pay within 14 days. Sending the forms shows you are serious and on them you will be claiming for storage, phone calls, postage, court fees etc. so he will also see the price to settle is about to go up.

Simpo Two

93,063 posts

296 months

Monday 4th August 2008
quotequote all
As far as eBay disputes are concerned, you have to return it by a tracked method to get a refund (assuming you use Paypal). They can then see that (a) you returned the goods (b) he hasn't refunded you, and can/possibly/might fix it for you.

A bugger though. At least he can't leave you -ve FB.

Vesuvius 996

35,829 posts

302 months

Monday 4th August 2008
quotequote all
*taz* said:
Only a minor matter, I bought some car parts off Ebay from a Trader and they are absolutely nothing like described - ie obviously fecked.

Paid £300ish.

He originally was unco-operative but now via Ebay disputes has offered my money back IF I return the item.

But it cost me £45 in collection fees and will cost £45 to return and I don't trust that even if I returned it, he'd pay up (and he's said he won't cover postage)

So if I take him to court (I've seen the online forms) what can I claim ?

Just the cost of the parts ?
Cost plus postage £90 (As I wouldn't have bought them had they been correctly described)
Extras such as my time (I'm self employed) or storage for the parts pending the case etc.

Any help would be appreciated.


www.moneyclaim.gov.uk


£100 please.

*taz*

Original Poster:

87 posts

229 months

Monday 4th August 2008
quotequote all
Thanks... I've already given him chances and he's not interested.

If he was local I'd pop in but he's around 3 hrs away.

I've looked on the website but I couldn't see what exactly you were entitled to claim.

I did see it had to be for a fixed amount which makes it hard to claim storage.

I'll take another look.

Vesuvius 996

35,829 posts

302 months

Monday 4th August 2008
quotequote all
*taz* said:
Thanks... I've already given him chances and he's not interested.

If he was local I'd pop in but he's around 3 hrs away.

I've looked on the website but I couldn't see what exactly you were entitled to claim.

I did see it had to be for a fixed amount which makes it hard to claim storage.

I'll take another look.
Add up your loss. The costs of the goods, plus your expenses, post both ways, plus your time sorting it.