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Old 5th July 2015, 21:30   #1
Supervinnie40
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Default Legal advice?

Hi guys,

I could use some advice.
An English "friend" sold me a few jars of wax. At least, that's what he told me. He never delivered and up until now (a few months further along) he hasn't delivered anything. He hasn't even tried to resolve this matter.
I told him to pay me back, and he kinda agreed. But as you can guess, he still hasn't repaid me. I gave him till the 5th (today) to pay me back, but he hasn't and he isn't going to. (he just said it via whatsapp).

Do you have any idea what type of legal action I can take against him? Paypal is problematic because I paid him so long ago. Several months ago in fact. So perhaps I can start a civil case against him or something?

I can prove that I paid him, and I still have the conversation about the price and the items. I even have the conversations about the item not arriving and such.

Any help/advice appreciated.
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Old 5th July 2015, 21:37   #2
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You paid with PayPal? You have 180 days to raise a dispute about a transaction.
https://www.paypal.com/uk/webapps/he..._HELPHUB&m=TCI
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Old 5th July 2015, 21:38   #3
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I guess the amount of money involved makes this effort worth it?
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Old 5th July 2015, 21:43   #4
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I could help you with the small claims court forms but the fee is dependant on the cost of the items in your case wanna pm me and I'll give you some further info....
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Old 5th July 2015, 21:45   #5
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Quote:
Originally Posted by wullie480 View Post
You paid with PayPal? You have 180 days to raise a dispute about a transaction.
https://www.paypal.com/uk/webapps/he..._HELPHUB&m=TCI
Didn't know that. Will have a look at that!
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I guess the amount of money involved makes this effort worth it?
A bit. It's a matter of principle and of money.
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I could help you with the small claims court forms but the fee is dependant on the cost of the items in your case wanna pm me and I'll give you some further info....
PM on its way.
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Old 5th July 2015, 21:46   #6
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I successfully put forward a small claims case - its done through an online form now - and only goes to court if the other side doesn't show up or doesn't rebut/ rebuts badly ... there's a £25 charge up front ... but once you submit the other party HAVE to respond as if they don't a judgment can be passed in their absence ... is the amount paid worth the time/effort though? (your call)

My case was on someone else's behalf and was about the nonpayment of a bill notwithstanding many reminders and formal communication. The other party didn't respond (I guess thinking it would "go away") a court date was set and we turned up and the other party turned up 10 minutes late with no "defence" and it took 10 minutes for the judge to find in our favour ...
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Old 5th July 2015, 21:47   #7
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Remember, the other party can just ignore the decision of the small claims court, like they did to you
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Old 5th July 2015, 21:52   #8
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Thanks. I think it's worth the 25. Even if it's just to get a small bit back.
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Old 5th July 2015, 21:57   #9
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Remember, the other party can just ignore the decision of the small claims court, like they did to you
They can but the consequences would be greater if they chose to ignore - in our case the other party swore, sped off and paid up within the 14 days stipulated ... (the onus would be on you to chase them though if they didn't) They would end up with a CCJ on their record too wouldn't they? (not sure about the last).
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Old 6th July 2015, 04:39   #10
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Quote:
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They can but the consequences would be greater if they chose to ignore - in our case the other party swore, sped off and paid up within the 14 days stipulated ... (the onus would be on you to chase them though if they didn't) They would end up with a CCJ on their record too wouldn't they? (not sure about the last).
The CCJ would have been on their record from the first visit and judgment.
When he paid I think it is then up to him to prove that he has paid and then apply to have the CCJ taken off his record.
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