What are my rights? (Small Claims Court Advice please)

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Hi Guys and Gals,
Ive been dealing with a company online thats not sending me what ive ordered. It comes to the grand sum of £125, and the owner is telling me its going to cost me £100's if i want to take him to court to sort it out. Now this cant be true can it? The costs on the small claims court website fees page seems a little hard to understand but surely it will cost me £30? right? Ive stated that if I dont recieve my refund by close of play tomorrow then im going to file with the small claims court.

His webstores closed and he has put up a forum there to 'sort all the issues out' but hes fobbing me off not refunding me stating that he needs everyone whos ordered something from him to post up what it was.

Ive been to my local Citizens Advice Bureaux this lunchtime and ended up waiting in their waiting room for 50 minutes before I had to rush back to work so didnt get to speak to an advisor.

I was hoping that someone here whos had a similar experiance may be able to help me out and make things a touch clearer.
 
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No it won't cost hundreds. You don't need a solicitor and you shouldn't have to pay the other parties legal fees if you lose.
 
Man of Honour
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Firstly if you bought on a credit card then the credit card company are jointly liable and you can progress a claim through them. They don't like doing it and like to hide the fact they are jointly liable under the consumer credit act.

Secondly, as mentioned above you can spend £30 a sue someone in the small claims court. I did this and they settled in full out of court a week before we got there (including my costs :)).

Good luck. It's quite easy if you want to go down the small claims route but you will need evidence on your side.
 
Soldato
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Has his company actually gone bankrupt?
Have they ceased trading etc?
If so and you paid by credit card then contact the credit card company - they will help you get your money back.
If you paid by debit card this is classed the same as a cash payment and you are going to be so far down the pecking order list I doubt you'll ever see your money.

All well and good taking him to a small claims court, however if he or the business has ceased trading or bankrupt it won't help - if he can't pay it he can't pay it.
 
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stoofa said:
All well and good taking him to a small claims court, however if he or the business has ceased trading or bankrupt it won't help - if he can't pay it he can't pay it.

By the look of the site, the guy selling is a sole trader and therefore won't have limited liability. Therefore, you could get bailiffs to sieze items from his home.

Burnsy
 
Soldato
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burnsy2023 said:
By the look of the site, the guy selling is a sole trader and therefore won't have limited liability. Therefore, you could get bailiffs to sieze items from his home.

Burnsy

Oh top stuff then.
Good luck OP - £30 and let the courts do the work :)
 
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Right, well ive filled in the claim so hopefully something good will come of this.

Thanks for the help guys.

He has ceased trading. (Ive heard from another customer hes actually under investigation from trading standards.) Most of my money was in store credit so I dont know if ill be able to get that back, and the rest was via paypal. Unfortunatley its too late to file a dispute with paypal as its been months since i ordered. (i was giving him the benefit of the doubt)

I like the idea of the baliffs :D Ill press the courts for that option!
 
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Artemic said:
Right, well ive filled in the claim so hopefully something good will come of this.

Thanks for the help guys.

He has ceased trading. (Ive heard from another customer hes actually under investigation from trading standards.) Most of my money was in store credit so I dont know if ill be able to get that back, and the rest was via paypal. Unfortunatley its too late to file a dispute with paypal as its been months since i ordered. (i was giving him the benefit of the doubt)

I like the idea of the baliffs :D Ill press the courts for that option!

Whilst I hope things go well - and many do you must be prepared for him to stick a spanner in the works for example do you know that if he wants to defend himself he can force you to go to the court that is nearest to him so if he was to live in London and you elsewhere you would have to attend the London court if you wished to continue with the claim. and as mentioned before you will need all correspondance sent to him < just as he has to send all correspondance sent to you. Like I said I hope it doesn't get that far but just a note of caution.
 
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One thing, have you sent any letters asking for refunds etc of which you have copies?

You need to prove that you've tried to resove the dispute before making a claim. I should have said this earlier....

Burnsy
 
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Hmmm interesting, Ive tried to resolve it on his forums on which im now blocked, and ive tried via MSN, but nothing substantial... though I have copies of all the msn conversations.

Im happy to go to london if needs be.
 
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Artemic said:
Hmmm interesting, Ive tried to resolve it on his forums on which im now blocked, and ive tried via MSN, but nothing substantial... though I have copies of all the msn conversations.

Im happy to go to london if needs be.

I would higly suggest suspending the legal action and sending some letters asking for payment within 7 days etc. Send at least 2 letters about a week apart

Burnsy
 
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burnsy2023 said:
I would higly suggest suspending the legal action and sending some letters asking for payment within 7 days etc. Send at least 2 letters about a week apart

Burnsy

Would emails count as i have copies of 3 ive sent that i have not recieved replys to?
 
Man of Honour
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Good point about the letters. You need to have shown that you tried to resolve the matter before taking court action. I'd have done this before the small claims court (sorry, thought you'd already done so). However, now you've started it, it may just be worth continuing and trying to resolve while the case is in progress. After all you have tried to resolve via email, etc (keep the evidence).

If it does get to court then you will need to provide any evidence you have to both the court and the other party and he will have to do the same.

He probably will try to get it moved to his local court and he is entitled to do this. In my situation this happened too. But you are also entitled to appeal against that decision and ask for it to be moved back to your local court. I was also successful in doing this :). You will need a reason for it of course... such as being a student and can't afford to travel, etc.
 
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