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Threatened with a CCJ if I don't refund someone.


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Hi,

 

Last year I was working on an electronics project for a car, which I posted on a forum many

and people got excited about and wanted to buy for their cars.

In the end, I decided to raise money to bring the costs down so I can buy the components in bulk.

 

I sold 4 pre-orders for £65 each which was literally the cost for 1 unit per person.

The total was £360 that was raised (Someone donated an extra £100 but made it clear he didn't want it back,

although my intention was to refund him at some point).

I spent over £500 in total for the parts since everything had to bought in bulk.

 

Problems began when a vital part turned out very hard to get, only 1 person on their own makes this part

and they didn't provide any support for it. Along with some other issues.

 

The project went on hold for a long time, and now I'm selling my old car to pay everyone back,

my car still hasn't sold, despite dropping the price heavily, just seems no one wants to buy it.

 

I had an email from one of the people demanding to pay him back this week or he will start a CCJ.

Problem is, I have £30 to my name which is borrowed money.

 

 

Can I send him all the parts that value up to the £65 that he has paid for?

I literally can't borrow money from anyone at this point.

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You can certainly send in those parts if he agrees to accept them in lieu of the payment.

 

You need to make the offer in writing and get him to accept in writing – not because this makes it a better contract but simply because it gives you evidence that the debt has been satisfied.

 

If he refuses to accept your offer then he is fully entitled to sue you and you will end up owing him the judgement debt plus the cost of the claim.

 

His chances of success against you are about 100%

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Make an offer to pay back by the 25th in writing.

 

A claim in small claims will take longer than that.... He woudl be stupid to start the claim.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Well a recorded signed for letter was attempted to be delivered to my parents address.

 

 

They know that address because I sell on eBay, and I forgot to update it.

 

 

Can only assume its a LBA. No one was in to accept, but it will now be rejected as I don't live there.

 

I fully intend to refund on the 25th, If I had a method of magicing up money I would have done that by now!

 

 

Not even sure how I'm going to eat at lunch time, have just enough money to get home this everning.

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You should try to get in touch with this person to let him know when you will make payment.

 

 

The goal is to avoid him issuing a small claim against you in the meantime. If he did that, you would be liable for the court fee he paid and would get a CCJ (although the CCJ shouldn't stay on your credit rating if paid in 28 days).

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Isn't there a time frame from when they send a letter before action? I will refund in 6 days time, which is enough time from a LBA I would have thought.

The usual time frame is 14 days (although I'm not sure that would apply if delivery was refused and the claimant has no alternative address).

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Ifyou sent a letter recorded delivery statting that refund will be made within the 6 days. Send it recorded delivery.

 

IF he does issue a claim, the judge will look at it less favorably. A Court is to be used as a last resort. It would certainly protect you from any "Costs" and would show the claiment being vindictive and wasitng court time

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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