legal help

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  • flyingpig
    DK Veteran
    • Aug 2009
    • 930

    #16
    As mentioned earlier, evidence is key.

    Ensure that you state that the plaintiff has acknowledged the receipt of the item that you posted.

    Acknowlegde that Paypal had found in you favour as you had complied with their rules and there was no basis for any claim.

    Stress that you have received only an empty box from the plaintiff and to have a proof of postage receipt from the Post Office does not in anyway shape or form mean that you have received said item.

    Base all your claims on the facts and never deviate from them - then enjoy your day in court.

    Comment

    • thered
      V.I.P. Member
      • Aug 2008
      • 4915

      #17
      Originally posted by super jumbe
      This is what I did when a book seller kept sending me unwanted books for few months, then he sends me an invoice ?139.99 and the note pay in the next 14days or else, send few more books and an invoice ?149.99 pay in 14days or else, after 20days I got a nasty letter if I do not pay in the next 7days I will take proceedings to recover the same amount, finally after few more weeks I got the court papers N90 to fill, I send the court papers back to court saying the addressee moved out, I never heard from court 4 years now.
      Private matters court do not take a toss.

      Tbh this is the route i would normally choose or the ignore and go away routine

      however this has still resulted in judgemant against so i have decided to fight this one i think if you dont fight or aknowledge they win automatically dont they?

      Originally posted by stejo74
      I had a similar problem a couple of years back.

      I sold an item.

      Item was not to there satisfaction.

      Wanted his money back.

      I sent him an email regarding to sending me item back.

      I notified EBAY.... (THEY WERE NO USE)

      4 months later letter arrives summons to court for outstanding amount off both BUYER and EBAY......

      Went to court and also incurred the court costs.....

      The buyer sent me a totally different item back to me and kept what I originally sent.... He had proof that he sent me the item back but it was my word against his saying the item was not what I sent to him......

      JUST BE CAREFULLY INCASE THEY TRY AND DO THE SAME TO YOU..
      how did court find against you? in your word against his did he have proof ?

      Comment

      • thered
        V.I.P. Member
        • Aug 2008
        • 4915

        #18
        Originally posted by tshirtman
        Do you have household insurance, and if so do you have legal protection, maybe a place to start,
        other than that I would be talking to the C.A.B
        just checked that doesnt cover legal

        must have been an extra ?1 a month so i thought ~~~~ it

        went to cab the other day didnt fancy waiting for 4 hours to be seen so i left

        whatever happens if i lose he will not benefit he will get ?1 a month like every ~~~~er else as thats all i can afford

        Comment

        • lagerland
          V.I.P. Member
          • Sep 2010
          • 6031

          #19
          Hope it all goes well 4 ya mate..............
          I know you believe you understand what you think i said



          >>>>>>>>>>>>>>>> BUT <<<<<<<<<<<<<<<<
          I am not sure you realise that what you heard is not what i meant ! sigpic

          Comment

          • SouthernComfort
            DK Veteran
            • Feb 2011
            • 403

            #20
            Originally posted by thered
            Tbh this is the route i would normally choose or the ignore and go away routine

            however this has still resulted in judgemant against so i have decided to fight this one i think if you dont fight or aknowledge they win automatically dont they?



            how did court find against you? in your word against his did he have proof ?
            Burden of proof lies with him, I would be seeking any losses arising from the case, travel, legal fees, loss of earnings etc. First hour with a solicitor is free, for CAB make an appointment. I think you will be fine, make sure you are prepared, have all documents, receipts etc in order. Most judges are old and dislike online transactions, you are basically wasting his golfing time, have fun.
            "What we've got here is failure to communicate."

            Comment

            • Meat-Head
              V.I.P. Member
              • Oct 2009
              • 32000

              #21
              can you upload legal cover to your house insurancse

              or

              take out secondly policy if poss?

              sigpicWas Banned For Being Certifiably Insane and Stupid

              Comment

              • thered
                V.I.P. Member
                • Aug 2008
                • 4915

                #22
                Originally posted by Meat-Head
                can you upload legal cover to your house insurancse

                or

                take out secondly policy if poss?
                not possible as it wouldnt work for anything existing

                Comment

                • stupidguy
                  DK Veteran
                  • Nov 2009
                  • 187

                  #23
                  Easy fix....Send him a knife in the mail with a note that says you couldn't shoot somebody that did not have a weapon...

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