Legal help please

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M0T

M0T

M0T

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I am setting up smalls claims proceedings and I need to know what type of defendent I am dealing with, Organisation or Individual.

I bought a bed from ebay on 'buy it now' from someone with an odd name, who I had been emailing through their ebay account, so I thought I was dealing with an individual. When the bed came the instructions had the persons name and an email address @company-name.co.uk. I went to the domain in the email and it turned out to be a furniture company website, but this company is not listed on companies house.

So am I claiming off the individual who I bought the bed off or his company (the company is named after the person who I bought the bed off)?
 
A business can have a distinct name without being a company.

If it's a sole trader then the business and the person are one and the same.
 
Ok I'll go for the business then.

One more question,

I contacted consumer direct about this (when the guy wasn't responding to my messages) and they said to send him a letter giving the facts and stating a date by which he had to reply in it, if not contact moneyclaim. I did this and got a reply, do I need to send another letter now he has stopped replying (and has failed to arrange the collection of the item) or can I just go straight to claiming the money back?

Also I still have the item (because the return postage is £100 and he requested that he arrange it to save costs) do I have to send it back before I can claim, because I can't afford to :(
 
M0T said:
Ok I'll go for the business then.

One more question,

I contacted consumer direct about this (when the guy wasn't responding to my messages) and they said to send him a letter giving the facts and stating a date by which he had to reply in it, if not contact moneyclaim. I did this and got a reply, do I need to send another letter now he has stopped replying (and has failed to arrange the collection of the item) or can I just go straight to claiming the money back?
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If he's not paid by the stated date, then I don't think you need to send another letter, but I'd check with moneyclaim or whoever.

M0T said:
Also I still have the item (because the return postage is £100 and he requested that he arrange it to save costs) do I have to send it back before I can claim, because I can't afford to :(
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If you can't afford to, then you can't afford to. I doubt they can stop a claim for you to get some cash because you don't have enough cash to send the item back! Otherwise you'd be well stuck!
 
vonhelmet said:
If you can't afford to, then you can't afford to. I doubt they can stop a claim for you to get some cash because you don't have enough cash to send the item back! Otherwise you'd be well stuck!
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In that case would they tell him to pay for/arrange the return of the item as part of the judgement, or will I end up back there trying to claim the postage back off the guy?

So far he has said he has arranged collection on 2 dates, so I sat in all day and nobody turned up. I emailed him on thursday and have a read receipt for the message but he hasn't replied.
 
Also one of my friends said that because he has already accepted payment for damages from the courier company I do not have to return the item, as he has already accepted it has been damaged in transit and therefore doesn't need it returned to inspect it.

Is this true or is my mate just talking rubbish?
 
Legally it does not matter.

For the purposes of law, a company is known as a legal individual.
 
M0T said:
So far he has said he has arranged collection on 2 dates, so I sat in all day and nobody turned up. I emailed him on thursday and have a read receipt for the message but he hasn't replied.
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I had a similar problem with a gearbox that was faulty. I arranged for collection on no less then 7 occasions. Didn't stop me going to the small claims court though. I gave them plenty of opportunities and phoned/emailed them giving them plenty of chances to rectify the situation.

It never did get collected.

Burnsy
 
Well he still hasnt replied so I have drafted the following letter, can anyone look it over and make sure its alright. Should I be adding to it in any way?

Dear Mr ******,
I am writing to inform you of my intent to bring small claims proceedings against you if the following conditions are not met within seven days from the receipt of this letter:
• A refund is issued in full for the original price and postage cost of the bed, a total of £330.
• A collection is arranged for the return of the bed.
A full refund is being sought under the Sale of Goods act 1979 section 48C(2)(b) in that the buyer has requested a repair to damaged goods but the seller is in breach of requirement 48B(2)(a) to do so within a reasonable time and without inconvenience to the buyer.
Please note that should a refund not be issued within 7 days of the receipt of this letter, regardless of the location of the damaged goods, then small claims proceedings will begin in order to recover the following:
• Original Cost of the bed - £330
• Cost to lodge proceedings - £35
• Interest on the original payment amount
• Compensation for expenses
Please be aware that this is your final notification of intent to begin proceedings, should this letter go unanswered or the conditions are not met then there will be no further opportunity to resolve the situation apart from in the small claims court.
Yours Sincerely,
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Sound alright?
 
Burnsy2023 said:
I had a similar problem with a gearbox that was faulty. I arranged for collection on no less then 7 occasions. Didn't stop me going to the small claims court though. I gave them plenty of opportunities and phoned/emailed them giving them plenty of chances to rectify the situation.

It never did get collected.

Burnsy
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What happened in the end?
 
You need to state the interest. Just put law society rates or bank of england rates. I think you can duet charge something like 2% above base rate too. Also, you forgot to put a heading after dear sir
 
Raymond Lin said:
You need to state the interest. Just put law society rates or bank of england rates. I think you can duet charge something like 2% above base rate too. Also, you forgot to put a heading after dear sir
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I had put a heading above it, should it go below? Do I charge interest from the date of my initial payment or when I refused the goods?
 
Heading after dear sir and bold only. Put Re: at the start if you want. And i'd charge interest from the date of this letter.
 
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