The Wholesale Forums

[ashford_trader]

Great advice Paddy.

Hi Rach

Not only can you claim for the full amount and court costs, but you can also claim for your time spent on getting the case together, if it can be proven, and also you might be able to claim for loss of potential earnings, as you have not been able to sell on the products you were expecting. However, they will probably only accept reasonable predictions and not for the full amount of stock.

By informing the court that you are willing to hand back the items which you did not purchase, which was sent in error by the seller, should also hold you in good stead - and perhaps you should take them to the court-house in order to hand them back over straight away. You will prove you have nothing to hide and that you are a reasonable person. If the seller refuses them, then it could be quite damaging to their case.

Also, you mention that the items are not authentic as you had anticipated - and perhaps you should inform the seller that you will be taking these items to court with you, and informing the court not only did you not get the correct items, but that the ones you did receive were counterfeits. That should scare the ***** out the seller and into offering you a refund without going to court - as it could mean that not only would she lose the case to you, but would also get a criminal record for dealing in counterfeit goods - with possibility of a custodial sentance. I recommend including these points when informing her - because I am sure you will get a very prompt response and apology. If not, take it to court - win your original money back, plus extra - and get the scammer done for criminal activity.

Good luck with it all - and let us know if my suggestions worked!

[Boro97]

if i were you i would go to her address and get the money off her

[rachmac]

I'm still preparing my case and have been checking the net for info about small claims court procedure and it seems that it won't be as cheap or as easy to get my money back from her.


She is now not responding to my emails, she was supposed to be making a compensation claim to the Royal mail for the 2 "lost" parcels but I assume she still has not done so and is now not replying to my emails.
It makes me annoyed that she ripped me off, won't even provide me with the 2 lots of £28 compo and now won't even respond to my emails.


Also the person who said tell her I'm going to report her to ebay, take legal action etc- I already have done so and got a couldn't care less response- she seems to be confident of her "they got lost in the post story".
I 've already reported her to ebay at the time- they don't give a damm that people get ripped off on ebay, their reponses have been very poor.
As long as they are raking in the millions of dollars of profit from ebay users they don't care.



The person who said it would cost £35 to make a claim - yes and the rest!!
To put in the claim it will cost me £120 and that's just to start.

Not to mention all of the other costs, yes you can claim them back but if successful, but that's a big IF.
I know I am in the right and that I've been ripped off but that doesn't always mean you will be successful and even if I am actually getting her to pay me the money she owes me is another problem. ( She will not hand over the money without bailiffs etc and that is another fee to pay for) and if the court decides that this person has no money or assets, is unemployed, bankrupt etc, etc to pay what she owes then I will not receive anything even if successful.

If u do a search on the net and find all the official websites, (Citizens Advice small claims advice website etc) you will see what I mean about all of this.


Claiming in the small claims court is not as easy and cheap as some people on here have suggested.
It's very time consuming, complex, and expensive.
Although don't get me wrong I'm grateful for all the advice provided by people who replied to my post.


I could do with a solicitor really to represent me and argue my case in court but I can't afford it as solicitors are expensive and you can't claim this cost back from her even if I were to win.

I am still waiting for a response from Citizens Advice it's been 2 months now since I initially contacted them -their service is appalling.
Although now from the advice given here I have got all the answers to all the main questions I had.
I understand they have a service were they will represent you in court in such cases for free as Citizens Advice is a charity but Citizens Advice advisers are not going to be as knowledgeable as a Solicitor will be, but I am still waiting to hear from them.


I'm just worried as I was in the beginning that basically this could cost me a lot of money on top of the money I've already been ripped off out of, plus the time and hassle of all of this etc and not get any money back- this unforunately is a very real possibiltiy that I (and others) making small claims have to face.

[Hopeful harry]

Rashmac, Have you reported this to police? It does appear to be a fraud afterall.

[MustHaveMobiles]

I agree, report it to the local constabulary (her area)..