Small Claims Online - advice/experience? UPDATE #8

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Back in July 2012 I bought a motorcycle GPS via eBay.
Company also has a website.
This then failed and I returned for replacement in Sept. 2012.

Since then not received anything from the company.
Sent various emails and left phone messages.
Actually spoke to a real person who said it would be sorted.
Sent registered letter in October '12 asking for refund or replacement.
Send another one in December '12 asking the same. This letter was returned as refused to be accepted.

I have the company details from their site WhoIs details.
This confirms site registered at address (it's a house) where I sent my letters.

So now looking at small claim using the Money Claim Online.
I understand it'll cost me £25.

Can anyone give me advice in filling out the details of the claim section to achieve best result.

Thanks in anticipation.




*** UPDATED 25 Feb. 2013 - see end of thread ***

*** UPDATED 13 Jun 2013 - see end of thread - Update #3 ***

*** UPDATED 27 Aug 2013 - see end of thread - Update #4 ***

*** UPDATED 16 Sept 2013 - see end of thread - Update #5 ***

*** UPDATED 27 Sept 2013 - see end of thread - Update #6 ***

*** UPDATED 24 October 2013 - see end of thread - Update #7 ***

*** UPDATED 16 January 2014 - see end of thread - Update #8 ***

P.S. Names, addresses and any other details will be revealed as and when appropriate. Don't want to give any excuses, defamation, etc. atm.
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...and the whirlwind is in the thorn trees, it's hard for thee to kick against the pricks...
Gibbs, what did Duckie look like when he was younger?

[Rogerborg]

[iooi]

[stephen_o]

Hi, If the company still has the website it must by law have contact details on there.

The whois information may not be accurate now as this shows the name and address given when the domain name was bought, It doesn't show if the Ip tag has been passed to someone else. (I own 2 domain names and the IP tags are passed to third party's to host the servers)

I have had similar problems in the past, If the company is a limited company use companies house and search the name for current address and contact details, if its a private individual use one of the tracing services to check current electoral roll and credit footprints, I have used 192.com for this before (i think you now have to pay but you can add the costs to the debt). Once you've checked your homework then either do a money claim on-line or issue a statutory demand for the full cost of replacement and all costs involved plus interest.

If you apply via money claim online the summons is sent by post, you can issue a statutory demand at a court or via a solicitor and a solicitor would engage a private detective to trace and be certain that they are serving the claim on the right person but this adds substantially to the cost.

Either way, If the money claim or statutory demand is ignored then you can automatically gain a ccj against the person and then enforce it. This tends to be a very effective way of getting the problem resolved.

I hope this helps

Stephen
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current scoot 2009 Yamaha YBR250 + Current Pootle 2013 Nissan Leaf

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[cimbian]

Limited company, LLP or individual trading as? This will make a big difference on your chances of success.

I have used small claims online and won by default as the other party didn't defend. Went right through to bailiffs, all costs added to the award by teh small claims court.

Do it. The best that can happen is you get your money and they have a small claims judgement recorded against them and screws their credit rating. Worst that can happen is you lose £25.
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22PlusY
Current: Moto Guzzi 1100 Breva. Previous: Honda XL650V TransAlp
Bearded, Balding, Born again Buddhist Biker

[Joncrete Cungle]

Small claims track

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#IDAKBTBB

Make a court claim for money
https://www.gov.uk/make-court-claim-for-money

Make a money claim online
https://www.gov.uk/make-money-claim-online

Citizens advice
https://www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_taking_legal_action_e/small_claims.htm

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Well I have invested £25 of my hard earned.
Apparently it'll take at least two days for it to appear on the court system at Northampton county court bulk processing centre.

As seller is still selling these on eBay (so must have stock ) I did send of an eBay email asking for replacement.

This may turn out ok, I must try and stop with the negative waves...
____________________
...and the whirlwind is in the thorn trees, it's hard for thee to kick against the pricks...
Gibbs, what did Duckie look like when he was younger?

[Rogerborg]

[Joncrete Cungle]

Don't forget that you can claim your travel costs and any loss of earnings related to your day appearance at small claims court if you want, often overlooked in the heat of the moment when the judge finds in your favour.

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[nathandenniso...]

Get somebody off here to message them about information on the item you bought and if they have them in stock to see if they reply and what they reply?

[Rogerborg]

[sickpup]

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[nickyboy4]

I did it, a guy won a car off me on ebay and not only did he not want it he posted me negative feedback when i tried cancelling the auction to get my fees back.
Did the moneyclaim online bit-cost me £150, he was summonsed by the northamptonshire county court within 10 days.
It took 14 weeks to get to court and the magistrate found in my favour(because his bid was a legal and binding contract in english law). I was awarded the original £1200 for the car, 16 weeks storage of it on my drive at £20 a week and £200 for my day in court.
I knew i was in the right and had the law on my side.
Just make sure you know you're in the right!

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Starting to wind me up now...

Got this reply...

[Rogerborg]

Stay calm, stay polite, stay factual. Thank them for their reply.

Re-iterate the steps that you've taken to resolve the situation and repeat that you would like to do so amicably. Refer them to the delivery receipts, send them any pictures/scans that you have.

It looks like they are going to dig their heels in, so you're now putting on a "considerably more reasonable than yow" show for the benefit of the court.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

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[Rogerborg]

I wouldn't even go into that level of details. Just assert that you were using it with the supplied accessories, in the manner recommended in the provided instruction manual (go on, see if they claim that it didn't come with one ).

You're not looking to win an argument with them, just to get it on record that you acted perfectly reasonably. There's that word again.
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[cimbian]

Rogerborg is right.

Stay clam, polite and appear to be doing what you can, within reason, to help them resolve THEIR problem.

If it does get to court all of this will be in your favour.

Only make contact through methods that can be recorded and you can't go far wrong.
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22PlusY
Current: Moto Guzzi 1100 Breva. Previous: Honda XL650V TransAlp
Bearded, Balding, Born again Buddhist Biker

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Quick update.
Found out today defendant filed to contest claim.
So they have until March 25 to file the defence documents which I then get a copy of.
Can't for the life of me think of their defence unless it's something like I didn't comply with their instructions for return (they've already hinted at this).

Under the selling rules if a fault occurs in the first 6 months then it's assumed sold with that fault unless seller can prove otherwise. So the unit I bought was faulty and I returned it.

They've also hinted I shouldn't have plugged it into a PC to recharge. Yet same cable used for car charger (USB mini-B). So you need that to transfer data (or you can't use it) and it recharges whether I like it or not.

Will have to wait and see.
As I understand it once defence submitted it's referred to local county court rather than the Northampton bulk centre.

As usual, any advice welcome.
____________________
...and the whirlwind is in the thorn trees, it's hard for thee to kick against the pricks...
Gibbs, what did Duckie look like when he was younger?

[Alpha-9]

No advice, but i'm on the edge of my seat looking forward to part 2 of this saga
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Fzr-600 1999

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[Wonko The Sane]