Should i pay ??
05 January 2006, 07:57 PM
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Should i pay ??
I sold some car parts on ebay last month, the guy asked if i would take them off ebay and sell private. I agreed and he paid 150 pounds into my bank. I posted them off at the post office and heard nothing for a while i then got an email saying they had not arrived, i was stupid and did not send them recorded so i had no proof of postage. I have now resieved a court summons to pay the guy 190 pounds. I have one month to pay this. Should i pay or is he just pulling a fast one..getting the bits and his money back.
05 January 2006, 08:02 PM
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Originally Posted by StudentScooby
Get a soliciters advise mate.
05 January 2006, 08:07 PM
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Your PO till receipt is enough for proof of posting but that doesnt mean it has or ever will arrive. It sounds like you're going to have to cough up as you should have insured the the goods to cover for this sort of loss. The 'normal' mail service in this country is a lottery. I think you get about £20 uninsured 
05 January 2006, 08:10 PM
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Originally Posted by _RIP_
Your normal PO receipt is enough for proof of posting but that doesnt mean it will ever arrive. It sounds like you're going to have to cough up as you should have insured the the goods to cover for this sort of loss. The mail service in this country is a lottery.
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05 January 2006, 08:28 PM
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I would ring him pretending to be a representative from the post office and ask him some questions just to try and make sure his story is correct.I'd hate to think i was being taken for a ride.
05 January 2006, 08:34 PM
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Originally Posted by paulr
I would ring him pretending to be a representative from the post office and ask him some questions just to try and make sure his story is correct.I'd hate to think i was being taken for a ride.
05 January 2006, 08:35 PM
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Originally Posted by paulr
I would ring him pretending to be a representative from the post office and ask him some questions just to try and make sure his story is correct.I'd hate to think i was being taken for a ride.
05 January 2006, 08:37 PM
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Originally Posted by T5OLF
Bloody ebay.....next time recorded delivery
Yes the thing has to be signed on arrival but if it doesn't turn up you have to wait a month before they'll even look into making a half hearted attempt at finding it.
Special next day - only way to be sure. We now use this at work even for something as simple as a birth certificate after a bad time with recorded and a stray 500K cheque
05 January 2006, 08:37 PM
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Originally Posted by T5OLF
Bloody ebay.....next time recorded delivery
eBay could be accused of inadvertently teaching everybody that scams are simple (through the sheer mass of deals that are completed and the knowledge gained therein), but only against the simple in most cases.
You could be taken to the cleaners, you'll never know. Trust nobody!
05 January 2006, 08:39 PM
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Originally Posted by EddScott
Just to add - next time use Special Delivery. Recorded is complete sh$te!
Yes the thing has to be signed on arrival but if it doesn't turn up you have to wait a month before they'll even look into making a half hearted attempt at finding it.
Special next day - only way to be sure. We now use this at work even for something as simple as a birth certificate after a bad time with recorded and a stray 500K cheque
Yes the thing has to be signed on arrival but if it doesn't turn up you have to wait a month before they'll even look into making a half hearted attempt at finding it.
Special next day - only way to be sure. We now use this at work even for something as simple as a birth certificate after a bad time with recorded and a stray 500K cheque
05 January 2006, 08:40 PM
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Originally Posted by Raartoot
have you checked to see if the court letter is legit???Could be trying to put the frightners up you so he gets his bits free
05 January 2006, 08:49 PM
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Have you phoned them and spoken to them????
It seems abit hasty they are asking you for £190 without checking the facts first..
They might do it differently but seeking some advise wouldnt hurt you, but I was thinking, I thought it was down to the buyer to ask for insured postage????
If I sent a parcel and they turn round and say they didnt receive it, then Id say well sorry, **** happens (obviously not that blatent) and you should of asked for insurance!!!!!!
You offered firstclass, they took it, it got lost and in this case the maximum compensation claim will be £28 or so......
It seems abit hasty they are asking you for £190 without checking the facts first..
They might do it differently but seeking some advise wouldnt hurt you, but I was thinking, I thought it was down to the buyer to ask for insured postage????
If I sent a parcel and they turn round and say they didnt receive it, then Id say well sorry, **** happens (obviously not that blatent) and you should of asked for insurance!!!!!!
You offered firstclass, they took it, it got lost and in this case the maximum compensation claim will be £28 or so......
05 January 2006, 08:50 PM
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Originally Posted by _RIP_
He's hardly going to fess up though.
Secondly,recorded isnt $****e,at least it stops the other person saying it hasnt arrived when it has.
05 January 2006, 08:54 PM
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With County Court, if you lose you have 14 days to pay up. As long as you pay up within that time you don't get a ccj.
I should add that you must get proper legal advice, perhaps starting with the CAB, the number will be in your phone book. The 14 day rule "was" the case when we took a copper to court a year ago (and won
) i'm not sure if this is still the case.
I should add that you must get proper legal advice, perhaps starting with the CAB, the number will be in your phone book. The 14 day rule "was" the case when we took a copper to court a year ago (and won
) i'm not sure if this is still the case.
05 January 2006, 08:58 PM
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Originally Posted by Raartoot
Have you phoned them and spoken to them????
It seems abit hasty they are asking you for £190 without checking the facts first..
They might do it differently but seeking some advise wouldnt hurt you, but I was thinking, I thought it was down to the buyer to ask for insured postage????
If I sent a parcel and they turn round and say they didnt receive it, then Id say well sorry, **** happens (obviously not that blatent) and you should of asked for insurance!!!!!!
You offered firstclass, they took it, it got lost and in this case the maximum compensation claim will be £28 or so......
It seems abit hasty they are asking you for £190 without checking the facts first..
They might do it differently but seeking some advise wouldnt hurt you, but I was thinking, I thought it was down to the buyer to ask for insured postage????
If I sent a parcel and they turn round and say they didnt receive it, then Id say well sorry, **** happens (obviously not that blatent) and you should of asked for insurance!!!!!!
You offered firstclass, they took it, it got lost and in this case the maximum compensation claim will be £28 or so......
05 January 2006, 08:58 PM
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Originally Posted by chris's scooby
With County Court, if you lose you have 14 days to pay up. As long as you pay up within that time you don't get a ccj.
I should add that you must get proper legal advice, perhaps starting with the CAB, the number will be in your phone book. The 14 day rule "was" the case when we took a copper to court a year ago (and won ) i'm not sure if this is still the case.
I should add that you must get proper legal advice, perhaps starting with the CAB, the number will be in your phone book. The 14 day rule "was" the case when we took a copper to court a year ago (and won
) i'm not sure if this is still the case.
......Do tell.....
05 January 2006, 09:00 PM
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Originally Posted by T5OLF
No i have not called them as yet, i will call then tomorrow as it may be a scam..but it looks real.
How do they do their Letters.......On a PC!!!!
How do we do letters.......on our PC....(or hand written
)..But you get what Im saying dont ya, With a bit of time, anyone can make a Letter look/sound professional!!
Let us know how you get on mate, Good Luck
05 January 2006, 09:00 PM
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Originally Posted by chris's scooby
With County Court, if you lose you have 14 days to pay up. As long as you pay up within that time you don't get a ccj.
I should add that you must get proper legal advice, perhaps starting with the CAB, the number will be in your phone book. The 14 day rule "was" the case when we took a copper to court a year ago (and won ) i'm not sure if this is still the case.
I should add that you must get proper legal advice, perhaps starting with the CAB, the number will be in your phone book. The 14 day rule "was" the case when we took a copper to court a year ago (and won
) i'm not sure if this is still the case.
05 January 2006, 09:01 PM
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Originally Posted by Raartoot
How do they do their Letters.......On a PC!!!!
How do we do letters.......on our PC....(or hand written )
..But you get what Im saying dont ya, With a bit of time, anyone can make a Letter look/sound professional!!
Let us know how you get on mate, Good Luck
How do we do letters.......on our PC....(or hand written
)..But you get what Im saying dont ya, With a bit of time, anyone can make a Letter look/sound professional!!
Let us know how you get on mate, Good Luck
05 January 2006, 09:09 PM
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Originally Posted by Raartoot
If I sent a parcel and they turn round and say they didnt receive it, then Id say well sorry, **** happens (obviously not that blatent) and you should of asked for insurance!!!!!!
05 January 2006, 09:15 PM
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Originally Posted by Raartoot
......Do tell.....
I'd left the company several months before the court date but had said to one of the partners of the firm that i'd be more than happy to go to court unpaid to make a point and get the money. So i did. Sometimes you have to prove a point!
I remember the 14 day thing because this bloke (or DI to give him his rank) said to the magistrate that it would jeopardize and potentially end his career if he were to get a CCJ against him.
He lost but was told as long as he paid up in time no further record would be made against him.He wrote the cheque out in the court room!
05 January 2006, 09:17 PM
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Originally Posted by T5OLF
Cheers mate will give them a bell..got to worth a try.
05 January 2006, 09:22 PM
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Originally Posted by lampshade
Not so, the guy paid for the items to be deliverd to his house and if they never turned up it's down to the seller to sort it.
05 January 2006, 09:43 PM
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I fill out my own claim forms on line then post them to the local court office. They dont look too "formal" to be honest but if it has the stamp and a case number.........usually a digit prefixing the initials of the court (ie 5KE for Keighley) It will be a real document.
At the end of the day it has cost him £30.00 to file this. I doubt you'd go to the trouble if you were trying to pull a fast one. Factor in the costs of a defence and his travelling to your local court if you did decide to defend as well as the chance of losing, and its a lot of hassle for £190.00.
I'm in court day after day mate with debtors who claim they have never received stock. Without a valid proof of delivery you are on a loser. Harsh I know but thats the fact. You're the supplier and as such the onus is on you to ensure recipt and delivery.
You could opt to drag it out. File your "Admission" form and notice of intention to defend. This gives you a further 28 days to provide full particulars. It may also put the Claimant off chasing if he knows he has the hassle of filling out Allocation Questionairres and the likes which will be the standard procedure if a claim is defended and there appears to be little chance of arbitration.
At the end of the day it has cost him £30.00 to file this. I doubt you'd go to the trouble if you were trying to pull a fast one. Factor in the costs of a defence and his travelling to your local court if you did decide to defend as well as the chance of losing, and its a lot of hassle for £190.00.
I'm in court day after day mate with debtors who claim they have never received stock. Without a valid proof of delivery you are on a loser. Harsh I know but thats the fact. You're the supplier and as such the onus is on you to ensure recipt and delivery.
You could opt to drag it out. File your "Admission" form and notice of intention to defend. This gives you a further 28 days to provide full particulars. It may also put the Claimant off chasing if he knows he has the hassle of filling out Allocation Questionairres and the likes which will be the standard procedure if a claim is defended and there appears to be little chance of arbitration.