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    • You were asked for the particulars of claim, which I can’t yet see.    Posting your defence (without the particulars of claim) isn’t that helpful : the aim is to tailor the defence to the PofC, highlighting which areas aren’t in dispute (so the court doesn’t have to waste time on them, and can focus on the key areas), and which areas you can (as a matter of critical importance) show where the claim fails on matters of law.   ideally their PofC would be numbered, and you could go through line by line....   <\example> 1a) It is admitted a loan of £x,000 was granted on <date> 1b) It is denied the loan was made to Person X. The Claimant is mistaken, as in fact, the loan was made to Company Y. 2a) It is admitted in part that payments were made. To clarify, payments ceased on <date>. The claimant’s belief that payments were made after <date> is denied. 2b) Given more than 6 years have elapsed (with no payments nor admission of debt) ... <Staute barred text> (Points 3-7, more “denied”, “accepted”, “accepted in part, with bits denied”, and also “neither accepted nor denied, but claimant is put to strict proof thereof”) it might not be point 7, but you get the gist ..... In the alternate: (again, may not be point 8 but numbered sequentially and logically) 8a) It is admitted a note was signed by Person Z on <date> 8b) This note was not executed as a deed, and no consideration was received in exchange for it, thus no enforceable contract can be formed by it. 8c) Thus the claimant’s action in contract is fatally flawed, and bound to fail in the absence of an enforceable contract. 9) The Claimant's claim to be entitled to payment of £[insert figure from their  POC]  or any other sum, or relief of any kind is denied. <\end example>     The aim is to make it simple enough for a child to follow..... a) it impresses the court, b) it focuses on the key issues at law, and key matters in dispute. (The court can then decide who they believe to formulate what they believe happened, and apply their interpretation of the law to that to reach their decision!)   Both of these are adding to your credibility and making it easier for the court to see the legal basis for your defence, and c) when faced with this the claimant may see sense and withdraw (although, after so long ... I somehow doubt it!)      
    • Thank you I have already started that process the universal credit housing costs won’t even cover half the rent and as you know this process takes a long time.   I am also pretty sure my landlords have a UK mortgage as they used to live in the house we now rent from them if this is the case would they be entitled to the same rights even though they are based over seas now?    
    • Hi, thanks again for your help. I'm a courier; the insurance companies always stuff us.   Thanks again for everyone's help, I'll keep the post updated.
    • This thread is dancing around a bit – and frankly so are you. The question as to whether or not it is worth bringing an action for £40 is completely up to you. You still haven't told us who the business is and I suppose that you are trying to protect them.  Very noble. Bravo You have absolutely the right to recover your £40. If you are dealing with a business then it is the legal responsibility of the business to get the delivery to you. Even if the item has been delivered to the wrong address, it is still up to the business to take responsibility. As I understand it, you have been trying to contact the business and there has been no response. I must say that simply this element of your transaction – the lack of engagement by the seller – the would make me want to hold him to account. If the seller started to engage in a reasonable dialogue with me and also appeared to take some responsibility such as checking up on the courier himself, I might feel less disposed to bring an action for £40 – particularly in the light of the current crisis when I'm quite sure that things will be more difficult and take much longer time. We all know that transactions go wrong and for me the test of a good business is their response when they do go wrong. Simply to fail to contact the customer in response to enquiries or to show any further interest I think is a real abrogation of responsibility. It is not at all consumer-facing and it is businesses with this kind of mentality that need to be brought to book.   However you have a fundamental problem – and it is that you don't know where your proposed defendant is. You don't know his residential address. You don't know his business address. You don't know where his assets are. Without this, your chances of enforcing a judgement are zero – and in fact despite the fact that you have the right to bring the claim, a claim must be directed to a proper postal address and you don't have the information so it will be impossible to issue the claim. You can certainly send your letter of claim by email – but what's the point? You won't be able to follow it up with the claim. If the seller has managed to transact business with you without disclosing any clue as to his whereabouts – and if he also fails to respond to any of your messages, then you are being mocked. You say that you are irritated. Doesn't this irritate your sense of principle even more? This is another reason why you should stop protecting the seller and let us know who it is. You may well find that somebody else will visit this thread and provide some useful information which will help to move you forward. You should also give us the name of the different company which appears on your credit card statement to have been the recipient of the money. This could be another way of tracking him down.
    • So claim Universal Credit, which can include private housing rent up the Local Housing Allowance limit.   Foreign landlords may have mortgage loans through offshore Banking arrangements, so not the same as UK residential mortgage.
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Befnal

Ebay Told a Buyer He Could Keep My 'Damaged' IPad!

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Hi,

 

Just after some clarification that I am perfectly entitled to follow my current path over this issue.

 

I sold an IPad on eBay for £95 back in February,

the buyer then told me it was damaged when it arrived.

It was in perfect condition when I sent it,

so I could only suggest that was damaged in transit.

 

 

I asked the buyer to return it to me,

so I could claim against Royal Mail for the damage

& I would issue a refund,

all pretty straightforward so far.

 

The buyer contacted me saying the Ipad was packed & ready to be returned & would I issue a refund, seeing as PayPal had prevented me from taking the funds anyway,

 

 

I issued the refund & asked the buyer to return the item straight away.

A week passed & nothing arrived,

when I contacted the buyer again he said he didn't have the IPad,

he had 'given it away to a charity shop',

as ebay sent him an email saying he could keep it!

 

Naturally, I was incredulous at his behaviour,

I issued a Letter Before Action & logged a claim against him on MCOL for £125.

 

 

He has refused to admit responsibility,

has refused to settle & will not give me the name of the 'charity shop' he 'donated' my IPad to.

 

 

I am now taking this matter to court,

but he is now claiming I will be liable for his transport costs as he lives in Spain!

 

 

I am quite prepared to see this through to the bitter end,

but I just wanted some assurance that I don't end up on the wrong side of a hefty bill.

 

Thanks in advance for any help & advice.

 

Chris


Halifax

- Subject Access Request 19th June

- Statements Recieved (17 envelopes!)

- Preliminary Approach for £785 25th June

- Offer of £60!

- Declined offer and LBA sent 6th July

 

No response from Halifax

- Money Claim case filed 18th August

- Papers Served 23rd August

- Acknowledged 28th August

- Paid in Full ! 30th August

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Have Ebay confirmed to you they sent this email telling him to keep it and their reason for telling him why he could ?

 

Sounds like he had no intention of ever paying for it nor was it ever damaged...why give a a damaged Ipad to a Charity Shop...which I doubt there are any in Spain.

 

Raise the charge again

 

Andy


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Just issue the claim via the European small claims procedure; he is just trying to avoid paying


It is easier to enter a rich man than for a camel to pass a needle

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you have been lied to, no refund is made until the item has been returned. If Ebay had such a process YOU would have got the email as well.

You will win your claim but as this person isnt honest you wont get your money, they dont have any.

As for living in Spain, is that where you posted it to? If not he lives at the address his Paypal account says he lives. Anyway, he would lose so you wouldnt be paying his costs, he will be paying yours. The bloke is a proven liar yet you want to believe his outlandish claims.

Next time try reading the instructions you are given by Ebay and Paypal rather than blithely doing anything people say

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you have been lied to, no refund is made until the item has been returned. If Ebay had such a process YOU would have got the email as well.

You will win your claim but as this person isnt honest you wont get your money, they dont have any.

As for living in Spain, is that where you posted it to? If not he lives at the address his Paypal account says he lives. Anyway, he would lose so you wouldnt be paying his costs, he will be paying yours. The bloke is a proven liar yet you want to believe his outlandish claims.

Next time try reading the instructions you are given by Ebay and Paypal rather than blithely doing anything people say

 

Waste of time trying to claim. As the buyer resides in Spain, any court hearing would be there. Cost of flight, hotels etc. Even if won, the buyer might never pay judgement including costs.

 

I can't remember seeing charity shops in Spain. Given state of economy most people sell items to get money.

 

Cancel the MCOL and deal with Ebay reporting it as problem sale.


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Never refund before receiving the returned item, I get this from time to time with problem buyers and after being told the item will be refunded after being returned and inspected I never hear from them again.

 

Unfortuantly I think your money and item are now gone.

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Yes, lots of similar stories about eBay cons

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UB, he wont live in spain, that is just another lie to try and avoid a court hearing. However, I agree that it will be very difficult to actually get any money back, the crooks know all of the dodges.

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Was the IPad not posted to Spain?


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Got a similar case of buyer asking for refund and refusing to send the item back - only ebay refunded before I got the item back AND most of the Literature I received from ebay tells me to refund even before I get the item back - which I didn't and they still took the money from my account and refunded on my behalf!

 

Luckily I had asked the buyer to return the item to an address and send me certificate / proof of posting before I will refund - which means ebay wasn't supposed to as it contradicts their own T&Cs policy!! Ebay have now retracted the buyer's claim, issued me a refund of the listing fees and apologised and will be getting my funds back from the buyer and will hold it until they return the item or 30 days. If you followed their advice and refunded before you got the goods back, then raise a case - show them where you followed their advice and that the days have lapsed since buyer returned item and ask them to provide you proof of the buyer's claim and where you said (assuming you are a private seller and sold it as Auction not Buy It Now) they could keep the item. You should be protected by their money back guarantee scheme. And when you chat to ebay -= always do it via their chat online help as they send you transcribe after - makes it harder for them to deny they didn't tell you what to do ;) They will pay you back if you can prove you followed their T&Cs but the buyer hasn't and they will then simply collect the money themselves from the buyer at a later date.

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