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Thread: Small claims court?

  1. #1

    Small claims court?

    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

  2. #2
    Is the member active at this time, or is he/she on holiday, in hospital etc etc?
    (The Unspeakable In Pursuit Of The Uneatable.) " If I can help, I will help!." Former S.A.C.S. member!

  3. #3
    The member has been active every day from the beginning, I can see from his profile. Just choosing to ignore my emails

  4. #4
    Have you made sure of receipt of any messages?

  5. #5
    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.

  6. #6
    What did you purchase? or is it a little early for this info?
    (The Unspeakable In Pursuit Of The Uneatable.) " If I can help, I will help!." Former S.A.C.S. member!

  7. #7
    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.

  8. #8
    PM if you like, sometimes the actual type of goods has a bearing on what you can do, & also the method of payment can.
    (The Unspeakable In Pursuit Of The Uneatable.) " If I can help, I will help!." Former S.A.C.S. member!

  9. #9

  10. #10
    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.
    Last edited by Wireless; 05-05-2013 at 16:16.
    There's always next week...

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