Small claims court?

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Tomm

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Hello. I bought an item from a trade member on here. Despite stating exactly what I wanted the wrong item was sent. I have tried to contact the trader dozens of times over the last week with no joy. I have a copy of all of the emails sent between us both prior to the purchase, is small claims court the best place to go to get my money back a the seller has made no offers to rectify his deliberate mistake, thanks
 
The member has been active every day from the beginning, I can see from his profile. Just choosing to ignore my emails
 
As far as I can see all have been sent, it is not just pms on here it is emails and also phone calls that are being ignored. I have sent texts and also left voice mains but still no joy.
 
By saying what I bought it would give away the seller. Will give this thread a day in case it makes him see sense then I will post another thread warning other forum users abut this particular trader. I will send you a pm if you wish. All I will say is a stated what I wanted, I was told it was in stock and the wrong item turned up.
thanks
 
If you paid by Credit card and it was over £100 you can claim the cost of the goods back from the Credit Card Company, they are equally liable under Section 75 of the Consumer Credit Act. Free and much easier than Small Claims Court, best part about it, if you paid for the item, worth £5000 with £4999 cash, and £1 off your credit card, the Credit card company is liable for the full £5000 under Section 75.

Also if its under £100, and you used a Credit Card, try to get a chargeback made, its often quicker, and again free, rather than forking out for a claim at small claims court.

You can also tell the Trader that you'll be starting to charge for the storage of the goods they sent that you didn't order, do it in writing, recorded/special delivery, and make sure the charges are exorbitant, then claim that back from the trader in Small Claims Court, works out even better as they have to pay the disputed amount into the Court or be in contempt, and as its your local Court they have to attend, even better if they are the other side of the country and don't bother to turn up as the judgement will go in your favour automatically, and they will be charged costs by the Court.

When people start being unreasonable, its time to fight back.
 
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If you paid by Credit card and it was over £100 you can claim the cost of the goods back from the Credit Card Company, they are equally liable under Section 75 of the Consumer Credit Act. Free and much easier than Small Claims Court, best part about it, if you paid for the item, worth £5000 with £4999 cash, and £1 off your credit card, the Credit card company is liable for the full £5000 under Section 75.

Also if its under £100, and you used a Credit Card, try to get a chargeback made, its often quicker, and again free, rather than forking out for a claim at small claims court.

You can also tell the Trader that you'll be starting to charge for the storage of the goods they sent that you didn't order, do it in writing, recorded/special delivery, and make sure the charges are exorbitant, then claim that back from the trader in Small Claims Court, works out even better as they have to pay the disputed amount into the Court or be in contempt, and as its your local Court they have to attend, even better if they are the other side of the country and don't bother to turn up as the judgement will go in your favour automatically, and they will be charged costs by the Court.

When people start being unreasonable, its time to fight back.

The defendant has an absolute right in law to have the proceedings transferred to their local court. atb Tim
 
Also you are NOT allowed to profit from the situation. So you can't charge exorbitant storage rates, or more than it costs you to send the item back. You are only entitled to claim your costs. Also remember if using the small claims court you are liable for your own costs upto a value of £2500 as is the defendant. I'd think it better to be a little more patient and await a reply. ATB
 
This is getting tedious. Not rocket science to work out this is your third thread on the subject. So far we have worked out you have a mod, held illegally from a supplier suitable for the rifle bought but not size specific. Oh, yes it is illegal to have a moderated for a rifle in your possession if that mod is not on your Fac. And it will be reported to the police because a serving policeman is duty bound to report it. Internal affairs will chew his butt if he does not so silence is not an option.
The fact that you bought it off ticket should have your account suspended from here. Site rules re off ticket mod sales.
​As stated small claims is unsuitable unless he lives on your doorstep. I speak from experience.
 
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