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Small claims court - will I win ?


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Advice please, I buy a lot of stuff on Facebook marketplace. 99% of the time everything is fine. However, I got sloppy and didn't check something on the doorstep. Item was described as "like new". I won't go into details but the item was electronic and boxed. Paid less than £100 and more than £50 in cash.

Got home and took item out of box, discovered it wasn't like new. Messaged seller who agreed to take it back for refund the next day.

The next day they msg me and said they won't accept return, I damaged the item and that's that, so they say.

I wrote with my intention to take to small claims and I was ignored. Will I win in court ?

 

Thanks in advance.

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1 minute ago, I'll Handle it said:

Advice please, I buy a lot of stuff on Facebook marketplace. 99% of the time everything is fine. However, I got sloppy and didn't check something on the doorstep. Item was described as "like new". I won't go into details but the item was electronic and boxed. Paid less than £100 and more than £50 in cash.

Got home and took item out of box, discovered it wasn't like new. Messaged seller who agreed to take it back for refund the next day.

The next day they msg me and said they won't accept return, I damaged the item and that's that, so they say.

I wrote with my intention to take to small claims and I was ignored. Will I win in court ?

 

Thanks in advance.

Maybe.

But are you willing to travel to their local court for the hearing?

 

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You can probably just get eBay to force them to refund you. I once bought something from China and wanted to send it back, but the seller wouldn't give me an address to send it to. Eventually I clicked a button to involve eBay and was immediately refunded in full, no need to even send anything back.

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7 minutes ago, AlfredTheLittle said:

You can probably just get eBay to force them to refund you. I once bought something from China and wanted to send it back, but the seller wouldn't give me an address to send it to. Eventually I clicked a button to involve eBay and was immediately refunded in full, no need to even send anything back.

The purchase was made on Facebook....

But good advice regardless, make sure before you go to small claims court to have exhausted all "official" channels first, even if it's just going through the motions. Not sure if there are any via Facebook however.

 

 

 

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15 minutes ago, gilf said:

The purchase was made on Facebook....

But good advice regardless, make sure before you go to small claims court to have exhausted all "official" channels first, even if it's just going through the motions. Not sure if there are any via Facebook however.

 

 

 

Leave it till after Xmas then superglue his locks up and fuck his or her car up.they knew very well what they were doing they will just insist it was fine when you bought it .people are desperate for money and the selling sites in Stoke are full of arguments about faulty goods scalpers and the new x box being sold for 900 plus lol

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Surely if you buy something second hand you buy caveat emptor.

The judge will say you should of checked it first hand before you purchased. If you didnt (which you say you didnt) i doubt you have a case. Unless you can prove the seller deliberately deceived you (hard to prove theyll just say you broke it).

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For that much I wouldn't bother. I would list it on eBay for parts or break it myself if viable. Depending on what it is (laptop for example)

If it's eBay you will get your money back. The seller always gets fucked over on there but you get the best prices for stuff.

If it's anywhere else and not distance selling you really need to check the item out fully at their door. It's at your own risk if not.

Edited by 23rdian
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8 minutes ago, Green Devil said:

Surely if you buy something second hand you buy caveat emptor.

The judge will say you should of checked it first hand before you purchased. If you didnt (which you say you didnt) i doubt you have a case. Unless you can prove the seller deliberately deceived you (hard to prove theyll just say you broke it).

Yep so the guy was a malicious cunt and knew what he was doing so it’s time to don your cunt hat but leave it a bit and don’t message him threatening him I suspect he does not care 

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If you can show you reported it broken within a few hours of receiving it you would like to think a SCC would look favourably on it..  it’s not like you are likely to have dropped it the second you opened it,  and you don’t have anything to gain by breaking it deliberately and sending it back.

I reckon if you go SCC he probably won’t even show up..  so you would probably win by default.  

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1 hour ago, Green Devil said:

Surely if you buy something second hand you buy caveat emptor.

The judge will say you should of checked it first hand before you purchased. If you didnt (which you say you didnt) i doubt you have a case. Unless you can prove the seller deliberately deceived you (hard to prove theyll just say you broke it).

No, when you agree to buy something, even second hand you enter into a contract and the description of the goods by the vendor forms part of that contract.

Where dies the burden of proof lie? If you reported to the seller that the item was defective or broken as soon as you received it, better if you had photos evidence, then it’s unlikely that you damaged it in the short time it was on your possession.

Once he realises that you’re serious, he’ll will possibly/ probably back down since if he loses, not only has he lost , he has a CCJ against him for credit rating purposes.

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A bit of advice... as someone who has taken many people to the small claims court/mcol (about 7 anyway)... I would say only go for it if you're prepared to lose out financially AND in terms of time lost.

You may win and if you do you'll win your costs back but as someone else said, recovery is the hard bit. You can't get the time back. Figure out your hourly rate at work and decide if you'll be throwing good money after bad.

I've taken individuals and companies to court, and the latter is way easier to recover. In general a director doesn't want a CCJ against their company, but a scummy individual won't care. They've probably already got several of them. Best to look into the background of the individual - if it's on a council estate seriously just move on.

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Have to agree it's maybe better to suck it up and move on.

Never bought from Facebook but realise it's pretty good.  However I assume it's not like eBay where there is commission and such really not FB problem to deal with.

You could harass him a bit but maybe waste of energy in the end.

Personally from afar I'd love the fucker to get in bother but guess if you don't expend energy (sunk cost fallacy) one day it will come for him.

Definitely I'd be tempted with small claims to teach him a lesson regardless.  Or find out more about him and door step him play him etc. Could always be a nut job though so maybe you don't want to open that one.

Had people pull shit like this on eBay (me being buyer) and eBay stepped in.

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