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Thread: Small Claims Court?

Permlink Replies: 28 - Pages: 2 [ Previous | 1 2 ] - Last Post: 23 Mar, 2017 10:21 PM by: The_Law_Library
Izzie

Posts: 130
Registered: 05 May, 16 3:03 PM
Posted on: 19 Jan, 2017 11:25 PM   in response to: 3D Seller in response to: 3D Seller
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You have no claim against Amazon but do have a claim against the buyer.

You need to issue a letter before action, you need to explain that the Amazon A2Z process is not binding arbitration and that while funds have been reallocated that a debt has now been created which can be discharged by either returning the goods, by sending payment, or by arranging with Amazon to recharge their card.

You need to set a deadline and explain that the next step will be to issue a County Court Claim and that the issue fee for the claim will be added in addition to statutory interest at 8% per year from the date that Amazon reallocated your funds.

In terms of filing your claim, its fairly straightforward, you will need to specify who the parties are and the relationship between the parties. And an explanation of how the debt accrued.

Your fee will be fairly inexpensive for this, if filed online the cost would be £35. The process is very easy, I have sued lots of organisations in the past. Most people will either pay up or return the item. No one wants the risk of their credit rating being destroyed for 6 years, for some a CCJ could even end their career - such as those working in financial services, solicitors, accountants, Police officers.

Worst case scenario is that it end up at hearing but in a case like this you have ample evidence in the form of the order proving formation of contract, your delivery POD which matches the sellers address. It would be open/close and up to the defendant to prove that they did not receive the item. The hearing would be in chambers, in other words a district judges office and the whole process is very informal.

While I am not a lawyer I have been down this route lots of times through both commercial and personal disputes and would be more than happy to help you.
LJ's Partnership

Posts: 1
Registered: 16 May, 15 5:23 PM
Posted on: 19 Jan, 2017 11:37 PM   in response to: Izzie in response to: Izzie
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Totally agree, from a Legal standpoint, with what Izzie said.

Ignore Amazon, they are merely a link in the chain and from a legal standpoint, acting in 'good faith' based on what the 'mutual customer' has said.

https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/CJC/Publications/Other+papers/Small+Claims+Guide+for+web+FINAL.pdf is a good view

Be aware that Civil proceedings are more based on 'probability' and 'common sense' as opposed to criminal which is based on 'evidence'. It can be much easier to convince a Civil Court than a criminal court.

*edit. Just to add, evidence is still important with Civil, so the more you have the better.....

Edited by: LJ's Partnership on Jan 19, 2017 11:38 PM
3D Seller

Posts: 22
Registered: 23 Oct, 16 9:42 PM
Posted on: 19 Jan, 2017 11:47 PM   in response to: Izzie in response to: Izzie
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Thanks. Your feedback along with others here has given me confidence and direction in pursuing this further.
3D Seller

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Registered: 23 Oct, 16 9:42 PM
Posted on: 19 Jan, 2017 11:47 PM   in response to: LJ's Partnership in response to: LJ's Partnership
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Thank you.
GMT Classics

Posts: 414
Registered: 24 Jun, 13 4:50 PM
Posted on: 20 Jan, 2017 5:25 AM   in response to: 3D Seller in response to: 3D Seller
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Seller has not indicated whether signature matches name on the amazon account.

If it does not - he doesnt have a chance.
Please contact ...

Posts: 36,287
Registered: 07 Nov, 12 11:25 AM
Posted on: 20 Jan, 2017 6:26 AM   in response to: Izzie in response to: Izzie
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Threat of CCJ does not work on bankrupts, people with CCJ or those about to declare bankruptcy.
Those with little disposable income can offer a pound a month.

So it's good as a threat - if the person takes the threat seriously.
If the threat is irrelevant to them then not much good.
3D Seller

Posts: 22
Registered: 23 Oct, 16 9:42 PM
Posted on: 20 Jan, 2017 7:11 AM   in response to: GMT Classics in response to: GMT Classics
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Yes, the signature is that of the recipient so I am hopeful that all will be well.
3D Seller

Posts: 22
Registered: 23 Oct, 16 9:42 PM
Posted on: 20 Jan, 2017 7:24 AM   in response to: Please contact ... in response to: Please contact ...
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Thanks, it is a sad state of affairs that Amazon have not offered any of this advice - after happily taking my 30% and then being the cause of so much grief through their own ignorance (and I mean that in the true sense of the word - ignore-ance).

(Please forgive me that last gripe!)

Edited by: 3D Seller on Jan 20, 2017 7:24 AM
Izzie

Posts: 130
Registered: 05 May, 16 3:03 PM
Posted on: 20 Jan, 2017 6:15 PM   in response to: Please contact ... in response to: Please contact ...
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Martin you are right that if someone already has a trashed credit rating or is bankrupt they have little to lose, but of course under statute of limitations which is 6 years you can wait for there CCJ to come off their records and give them a little present of another CCJ destroying their credit for a further 6 years.

Same if bankrupt, debt would still be live as the bankruptcy would only cover debts prior to the issue of bankruptcy paperwork.

I has to do this to someone who owed a prior company of mine money, I knew that had little to lose at the time so no point claiming but issued a 6 monthly letter reminding them that they still owed the money which starts statute of limitations all over again. Once they started a new company and I knew they were making money I issued a court claim against them and won.
Please contact ...

Posts: 36,287
Registered: 07 Nov, 12 11:25 AM
Posted on: 20 Jan, 2017 10:49 PM   in response to: Izzie in response to: Izzie
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You carried a company debt over to another company?
3D Seller

Posts: 22
Registered: 23 Oct, 16 9:42 PM
Posted on: 27 Jan, 2017 9:26 AM   in response to: 3D Seller in response to: 3D Seller
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I got a message from the recipient via Amazon saying that they had now found the package. I have sent them an invoice and am awaiting payment.

:-)

Edited by: 3D Seller on Jan 27, 2017 9:27 AM
Uthmaan

Posts: 13
Registered: 23 Aug, 15 11:22 PM
Posted on: 23 Mar, 2017 6:40 PM   in response to: 3D Seller in response to: 3D Seller
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Good,

amazon process is iffy, i done a appeal and they still found in favor of the buyer, it dont say why or how,

The end,
Please contact ...

Posts: 36,287
Registered: 07 Nov, 12 11:25 AM
Posted on: 23 Mar, 2017 9:55 PM   in response to: Uthmaan in response to: Uthmaan
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Uthmaan wrote:
Good,

amazon process is iffy, i done a appeal and they still found in favor of the buyer, it dont say why or how,

The end,


Generally they do not change their decision on appeal.

Hence sellers use small claims process against buyers as a last resort.
Not always effective.
The_Law_Library

Posts: 376
Registered: 28 Jan, 14 1:18 PM
Posted on: 23 Mar, 2017 10:21 PM   in response to: LJ's Partnership in response to: LJ's Partnership
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"...Be aware that Civil proceedings are more based on 'probability' and 'common sense' as opposed to criminal which is based on 'evidence'. It can be much easier to convince a Civil Court than a criminal court..."

The standard of burden of proof is lower in the civil courts - the test being "on the balance of probabilities" (ie, more likely than not). The standard in criminal courts is "beyond reasonable doubt," as you're probably aware.

You still have to prove your case in a civil action, and for that you need evidence.