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 ??

go for it – you have their name and address you can do the whole process online.

defo do it.

Get the police involved? Selling counterfeit goods is illegal last time I checked, even more so if its being advertised as genuine.

Get the police involved?

what he said

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.

recent guardian article of note
http://www.guardian.co.uk/money/2010/nov/20/small-claims-court-enforce-judgment

Do it

Do it +1.

He’s either very arrogant to have dealt with you in this way from his home address, or has already ripped others off & got away with it.

If your small claims is successful, won’t you be awarded costs from him if any are incurred?

Report them to the police this is illegal they can’t be selling counterfeit goods. CAn you get trading standards involved as well? I certainly wouldn’t be allowing this person to get away with this. Do not wait any longer get on and sort it out NOW!

Basically, let them know you’re about to unleash the fury of hell on them.

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.

If your small claims is successful, won’t you be awarded costs from him if any are incurred?

yeah you get costs, such as court fees and transport. However, its no use if he doesn’t pay up so its worth checking the costs are reasonable.

What Horatio said – are you both in England/Wales – that makes it cheap and easy to do online.

Of course we’ve only got your side to the story – so have a think about what his position is and how a court might hear that.

Im more interested to know why his mum is fighting his battles for him at 40? Give him some porn mags and then tell his mum they’re under his bed!

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.
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.

Do it. £850 is a lot to lose!

lfrider – i may be able to help you out. I’d rather not discuss details on here, but drop me an email – see my profile.

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.

Put it on the classifieds, pass it on to someone else…

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.