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Recovering debt from a business sell er on ebay

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I bought an f antique deb frame on ebay - it was an auction not 'buy it now'. I paid cash on delivery.

 

The seller delivered the furniture to me and when I tried to build it, it broke, it looked like it had been poorly restored.

 

He states on his listing 'Return policy we offer a full money back policy including delivery costs if the item is returned within 7 days in the same condition if not happy with item.'

 

I contacted the seller and after a number of emails back and forth he offered to fully refund the cost of the furniture and collect when next in my area.

 

Since then I've heard nothing.

 

This has been on going since January.

 

In addition to the emails I sent 2 letters recorded delivery, the first advising to contact me to resolve the issue and the final one a letter warning if this was not resolved I would take legal action to reclaim the money.

 

I am now looking at options for recovering this money thorough the courts. What I want to know is;

 

Is the Small Claim Court the best option to do so?

 

What costs can I charge as this has taken up several hours of my time trying to amicably resolve?

 

Is there anything else I should be aware of?

 

It is only £200 + delivery but it is the principle of the matter as much as anything and the storage of the bed until it is resolved.

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Small Claims is the only route. You wsill get costs on a successful reesut. Your other costs for writing letters etc to resolve the issue cannot be charged in this way, as it is part of 'normal communication' . If it went to court and was defended, your charges would be queried and in all probabilty removed limiting the costs to your money back.

 

If you lose, you have to pay HIS costs (capped) at around £100. Also, although you say it broke, he can argue you used unreasonable force in assembly and has had no other issues with it of a similar nature, which takes away the thrust of your complaint - but won't excuse his tardiness in resolving the matter.

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