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steven12345

small claims court

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hello all, newbie here, i got told to have a look at your site for usefull information, im thinking of putting in a claim against someone who i think has stole money from me,

 

the story: i bought a car styling kit through a link to ebay on another forum, the guy had sold a kit on an auction but i sent him a message and he said he had 4 kits left, he sells them as cash on collection, however as im from scotland and hes down in england i asked him if he could post so he agreed and added £20 for the courier (TNT), i paid him via a bank transfer as he doesnt use paypal just uses cash on collection (amount £315),

anyway couple of days later he said its been sent and gave me a tracking number, went onto the tnt online tracker and input the number, which didnt work, couple of days went by so i txt the guy and he got back to me saying it was status delivered and signed for by S Walker (isnt me) i was in the full day, so i contacted TNT and they done a search said the ref number wasnt theres and there was no package with my postcode onit, the guy said he filed a non-delivery complaint with them, so weeks and weeks have went past and still nothing, the guy keeps fobbing me of when i ask for the ref number saying it works for him,

 

i thought i had managed to track down his address through people on the forum going to pay cash on collection so i said to the guy i was going to pay him a visit and he says do that ive moved house, someone on the forum also said they went to that address and it looked empty (could have been him though posting)

 

so i dont know where to go from here????

 

been told to go through MCOL and i can do it online and only pay £50 in total?

 

thanks if you can help or any advice on what i should do, i have a print off of any ebay messages i got from him, and also have kept all txts from him,

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Hello and Welcome,

 

I'll move this thread to our Legal Issues Forum, also 'flag' it up for another Scottish Mod.

I'll send you a PM with the 'link', check your Notifications.

 

Regards.

 

Scott


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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first of all do you have the correct address for him now?

 

are you sure he is a private seller and not a trader?


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he sells them as a private seller on ebay, and i think it is his correct address, although i have no way of knowing for sure,

 

is there anyway i can find out his address for sure? or is it possible to go ahead without his address?

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You will need his curernt and correct address or it would be easy for them to set aside any judgement

 

If you are going to use mcol then please remember you would need an english address for yourself and that youmay need to attend an english court

 

can you PM me the details you have and we can see if we can find any link between him and a company

 

have you sent any letters as in a LBA?


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also you never mentioned you were a mind reader :lol:


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Ok you will need to send a lba, i most likley wonlt be back on til tomorrow,

 

i you want to try and knock one up etc but just use Mr XX etc and no address shown and we can check it tomorrow

 

Ida x


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ok thanks for your help, but i dont know how to do an lba, :-)

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if noone else helps out, i'll be back online tomorrow


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Dear Mr XXXXXX,

 

I recenlty purchased a (FULL DSECRIPTION OF ITEM) on xx/xx/xx. I paid £xxx by bank transfer in which you confirmed by email/text had been received. You advised the item was dispatched xx/xx/xx. I contacted you on xx/xx/xx to advise that I had not received the item in question and you have advised me that you were making a claim of non recepit from the company you contacted to make delivery.

 

I feel I have been patient and understanding in this matter and cannot allow it to go any further.

 

Please note that I expect a refund of £xxx within 14 days of recepit of this letter. If no refund is forthcoming then I will issue court proceeding on the expiration of this date.

 

Yours Faithfully

xxxxxxx


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he sells them as a private seller on ebay, and i think it is his correct address, although i have no way of knowing for sure,

 

is there anyway i can find out his address for sure? or is it possible to go ahead without his address?

 

You could instruct a tracing agency such as ICU Investigations to locate him on a no-trace-no-fee basis but it will probably cost £40.00 and is not recoverable in court.

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Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.


Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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