Should I Take Someone To Small Claims Court for £850 ??
To cut a long story short, I’ve bought something recently from a private seller that turns out to be counterfeit. Stupidly I bought this on the assumption that I would receive papers in the post. I was given a receipt, the advert listed it as a genuine item and I have text correspondance saying they were going to give me a refund etc. The guy’s mum (he’s in his forties) has got involved and now says point blank I’m not getting the cash back. I bought this from the guy’s house and I’ve so far resisted the urge to go round and break his arms and legs due to the fact I like seeing my girls grow up.
Looking at the Citizens Advice, it appears I have a case for taking them to small claims court (after giving them 14 days official notice) but what are the costs involved etc and ultimately, is it worth it ??Posted 7 years ago
Oh, and if you sit and do nothing then a) you’re definitely out of pocket. £850 is a LOT of money. b) they get away with it and will probably do it again.
I’d say report it, get small claims proceedings going and let them know you’re not going to just roll over and let them rip you off.Posted 7 years agoStonerSubscriber
recent guardian article of notePosted 7 years ago
It doesn’t cost much, you’ll probably win, but enforcing the judgement is the hard part. However, since you’ve got his address you might be successful, especially if you can establish he’s still selling things or that he owns something bailiffs can seize such as a car.Posted 7 years agosneaky jeanMember
Yep! You have got to do it on principle, you must not let him off the hook as he will do it again. You should go to see Trading Standards re the counterfeit goods & they will sort him out. I once took somebody to court because the bastard issued me a bum cheque for £50 – it was worth it to see his face when the Judge awarded me costs & 14 days to pay, which then ended up costing him £125. The Courts are very helpful & the Judges understanding providing you are in the right.Posted 7 years ago
BUT be careful because if he has no money you could waiting a long time for payments on the drip, get Trading Standards behind you as a legal backup.timberMember
a) on principle
b) I bet you’d spend the same as the costs on the lottery if you knew the chances of getting that sort of money back
c) if the case fails, you know where he lives, so can pee in his shoes
Have previously had issues with a landlord with-holding money, when they realised the threat of court action was real, I had a cheque within 6 hours.Posted 7 years agoMargin WalkerMember
could be good money after bad……you may have to enforce judgement against him which will cost you.
Reason I would do it is so that he has a CCJ against him thus affecting his ability to get credit. Given his conduct to date do you genuinely think you will get the £850 back, the cost of issuing proceedings and the bailiff/enforcement costs.
principles cost money but there is a chance you could end up even more out of pocket and incur the stress associated with such an action, especially if you havent done it before. Something to bear in mind.Posted 7 years ago
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