Small claims court

[tshirtman]

get yourself off to a solicitor and swear an Affidavit, shouldn't cost more than ?15,
a court will look more favourable on your case with one.

[Lainie]

well dhl just use local drivers. one of them stole my new mobiile handset from o2 last oct. is it poss someone from dhl has taken the guitar and replaced it with wood?

when i started saying what happened to me with dhl a few people have told me similar stories.

[racin-snake]

did the guitar have a serial no ?
like a Gibson/fender etc branding or somic red
most have a model no and also a serial
if so say to the police its stolen and say its at his
if it turns up it is bingo ?

if you have the serial ect that is

[racin-snake]

did the guitar have a serial no ?
most top end axes have mate
like a Gibson/fender etc branding or somic red
most have a model no and also a serial
if so say to the police its stolen and say its at his
if it turns up it is bingo ?

if you have the serial ect that is

[bobwill]

If you have to pay offer ?1 per week its all you can afford ,pay for a few weeks then stop and he then have to go to the court again .
Getting back to carriers I was ask today on a job if I had signed for a parcel for some one further down the row as the carrier said they had delivered it and got a signature to prove it which of course can not be read, designer sunglasses from fleebay

[thered]

well dhl just use local drivers. one of them stole my new mobiile handset from o2 last oct. is it poss someone from dhl has taken the guitar and replaced it with wood?

when i started saying what happened to me with dhl a few people have told me similar stories.

possibly lainie but it was nearly 9 month ago now i dont hold much hope

get yourself off to a solicitor and swear an Affidavit, shouldn't cost more than ?15,
a court will look more favourable on your case with one.

not a bad idea that i will look into it cheers

did the guitar have a serial no ?
like a Gibson/fender etc branding or somic red
most have a model no and also a serial
if so say to the police its stolen and say its at his
if it turns up it is bingo ?

if you have the serial ect that is

it had one i dont know it though unfortunately

Dont get mistaken with private land parking notices mate. county court judgments can be enforced by baliffs with warrants who have the power to recover the debt if he pushes it that far. not like the jokers who try and recover supermarket requests for 60 nicker cause you crossed a white line, no legal power there whatsoever.

Thats what i thought but i am pretty sure he will have to take action again against me and i wont be living at home if bailifss ever called



thanks all for the replies

[flyingpig]

As far as I am aware - a CCJ can be enforced by a bailiff and they can take your belongings away from your property. They cant take anything that will stop you living in your home or prevent you from earning a living i.e. a fridge, washing machine, car / motorbike etc.

There are some practical things to consider -

Did he send it with postal insurance?

What was your returns policy - Did he comply with that (as long as it doesn't break consumer law), and again (a bit rusty in this area) if he doesnt like it he cant just send it back. Although i know there is a distance selling law (mail order stuff) - not sure if this applies to ebay - worth checking.

Did you send your statements to the small claims court recorded delivery?

Did you report it to police or courier when you found blocks of wood in the parcel? If so get this information.

Get the information from Paypal / Ebay their policies and go through them and highlight why they found in your favour.

Appeal the decision - get your statements prepared. Send any information to the courts recorded or hand delivered. Witness statements from any 3rd parties involved who know.

You need to think of what your best angle is to put the weight of doubt in your favour.

I would be going from the angle that he should of posted with insurance, and that you (hopefully you did) notified him, the courier and the police when you found that it had blocks of wood in. You notified him and he should of went via the postal insurance route. Paypal / Ebay found in your favour because of x, y and z. Also, your returns policy (hopefully he never complied) and under consumer law he has no right to return something simply because he doesn't like it.

There is no liability with yourself and you should not be punished financially for something of which you have no control over. Especially as you have complied with common sense by reporting it to the courier/ police/ sender and the fault could lie elswhere by him posting blocks of wood or the courier intefering with the package.

Most of all - Good Luck!