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eBay non receipt - small claims for refund and dissapointment? help!


xanderd
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Hi,

 

I won an ebay auction back on 15th May 2007 for a pair of concert tickets, paid by cheque £155. Now, 7 months later, I was growing increasingly concerned as the seller ignored all communication.

 

As the concert date loomed my wife, who was dearly looking forward to the concert was getting quite upset. Actually, this concert was extremely important to her, being a regrouping of her favourite band who were reforming.

 

The day of the concert and still no tickets - my wife was completely crushed and extremely upset - having not only lost the money, but more significantly, to feel utterly dejected and anti climactical after waiting eagerly for 7 months.

 

I am going to place a small claims action for the £155 plus 8% APR, but I really want to claim for distress and disappointment too - and this I really need some advice for:

 

I have heard of this for holidays gone wrong, but is it valid for me to claim undermy circumstances? If so, what are the relevant laws/statutes to be quoting? And how do I come up with an amount?! I would just say £50 to make it easy and for the principle of the thing, but I honestly feel it should be much more, however I dont want it to fall down in court.

 

any advice grewtly appreciated :)

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Probably the best thing would be to break down your claim as follows:

 

The claimant claims:

 

a) The sum paid of £155

b) Interest on this sum at 8% APR totalling £xxx at time of filing claim

c) Compensation at the courts discretion for distress and disappointment

 

I know many courts don't like claims for immaterial things such as distress as they aim to merely put the claimant back in the financial position they should be in. Breaking down your claim allows the judge to see what you are claiming and why and should help the judge whatever they decide on the compensation part of the claim

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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yeah I have done court claims before so understand, was just wondering what amount to put for distress.

 

I think breaking it down as suggested and just asking for ditress at the courts discretion is a good idea then, although if he pays up before it goes to court there wont be any distress money.

 

thanks

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