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MCOL vs. Court Claim and Particulars of Claim

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  • MCOL vs. Court Claim and Particulars of Claim

    Hi there. I'm new here and would be incredibly grateful for any advice you might be able to offer.

    I've started (but not yet submitted) a Money Claim Online:

    My claim relates to a fake designer product that I bought (for a lot of money!) from an individual on eBay. I only became suspicious it was fake outside of the window within which eBay/Paypal would have taken action on my behalf. In the first instance I telephoned the seller explaning my concerns and since then they have totally ignored my voicemails, emails and both letters that I sent (written with support from the Citizens Advice Bureau) which is why I'm about to make a claim through MCOL. Quite recently, I have received an emailed letter from the designer who has seen the photos that I supplied (taken from the eBay listing) and confirmed that the item is definitely counterfeit, but I have not shared this with the soon-to-be defendant. Unknown to the defendant too is that I have saved the original eBay listing and all photos. This is relevant (I hope) because since I raised my concerns with them they have removed some of the images and added text to another along the lines of 'I can't guarantee this item is authentic'. Hardly the actions of somebody with nothing to hide.

    Although I feel that my claim should be fairly bulletproof with the evidence that I've got, I'm worried that:

    a) by not supplying enough info at this initial stage through MCOL (or by filling out the POC in the wrong way) it won't get any further
    b) by only supplying partial evidence at this stage there is more opportunity for the defendant (or a judge?) to pick holes in it e.g. the letter from the designer in isolation could relate to any product - how does the court know that I sent them photos of the actual item in question. I am planning to print the whole email chain including all photos supplied and match these to the photos in the original eBay listing in order that it is indisputably the same item BUT this is a lot of paper and from what I read it's overkill at this stage.

    I'm very confused as I really want to get this right - it's for so much money to us a very difficult financial time.

    Many thanks for any advice at all.
    Tags: None

  • #2
    Re: MCOL vs. Court Claim and Particulars of Claim

    OH NO!!!!

    I've been doing more research today and (I think) I've deduced that the Sale of Goods Act is only protecting me for six months from the date of receipt. In this case we only had our suspicions aroused seven months after receiving it (it's a good fake and was used very infrequently given that it cost us nearly £700). If this is true, am I best just to give up or is there any (other?) way I can take this forwards with the court? I'm prepared to invest (a bit of the £700) into legal advice if totaly necessary, but not if it's pointless and/or I may only receive a partial refund.

    Many Thanks

    Comment


    • #3
      Re: MCOL vs. Court Claim and Particulars of Claim

      Originally posted by lostandconfused View Post
      I've been doing more research today and (I think) I've deduced that the Sale of Goods Act is only protecting me for six months from the date of receipt.
      That's rubbish just like the jewellery you bought on e-bay Even their own website confirms that the Sale of Goods Act states that goods must "conform to contract" at the time of sale and that purchasers can request their money back within a "reasonable period of time" which can be up to six years.

      Read these Key Facts on e-bay's own website especially the last one on the list

      http://reviews.ebay.co.uk/Sale-of-Go...00000007812520

      Comment


      • #4
        Re: MCOL vs. Court Claim and Particulars of Claim

        Originally posted by lostandconfused View Post
        My claim relates to a fake designer product that I bought (for a lot of money!) from an individual on eBay. I only became suspicious it was fake outside of the window within which eBay/Paypal would have taken action on my behalf. . . . .

        . . . . the designer who has seen the photos that I supplied (taken from the eBay listing) and confirmed that the item is definitely counterfeit . . . .

        . . . . and added text to another along the lines of 'I can't guarantee this item is authentic'. Hardly the actions of somebody with nothing to hide.
        What window of time is ebay referring to? Of course they should take some responsibility in this matter and help you to get your money back. In the very least I would think a complaint to Trading Standards might make them focus although they may claim to be based outside of the UK.

        And isn't selling counterfeit goods a criminal offence :spy: If the seller admits it then I'd make a call to Crimestoppers on 0800 555 111 because once he/she has had a visit from the Old Bill they may be more willing to give you your money back :mod:

        I hope you've saved that text as part of your evidence :grin:
        Last edited by PlanB; 29th January 2013, 16:47:PM. Reason: removed broken link :(

        Comment


        • #5
          Re: MCOL vs. Court Claim and Particulars of Claim

          You'd be surprised at how little trading standards and the fraud prevention team can actually do. The police certainly didn't want to know. eBay wash their hands of it after a certain period of time - I forget exactly how long but I was outside that time period. Nothing left but to take them to court, I just don't want to waste more money and time.

          Comment


          • #6
            Re: MCOL vs. Court Claim and Particulars of Claim

            Was the eBay seller a private individual or a trader?

            Comment


            • #7
              Re: MCOL vs. Court Claim and Particulars of Claim

              The seller was a private individual.

              Comment


              • #8
                Re: MCOL vs. Court Claim and Particulars of Claim

                Originally posted by lostandconfused View Post
                The seller was a private individual.
                SOGA doesn't apply then. You mentioned a designer earlier on - do they not want to take any action?

                Comment


                • #9
                  Re: MCOL vs. Court Claim and Particulars of Claim

                  Originally posted by ploddertom View Post
                  SOGA doesn't apply then. You mentioned a designer earlier on - do they not want to take any action?

                  So without SOGA do I have no case?

                  I would definitely ask the designer if they are prepared to take action, but this wouldn't get my money back so it's a last resort.

                  Comment


                  • #10
                    Re: MCOL vs. Court Claim and Particulars of Claim

                    Would it suffice to NOT state on the POC what specific law/act had been broken (how is somebody supposed to really know without legal advice) and simply state the facts? One would be assuming that the person or people taking the POC into consideration would know the law well enough to determine that for themselves. I'm thinking that it would be better to put nothing, than put something that could be wrong (SOGA) and therefore challengeable.

                    Comment


                    • #11
                      Re: MCOL vs. Court Claim and Particulars of Claim

                      As I see it you bought the article in good faith and did not realise it was "counterfeit" at a later date. If you can prove the Seller knew it was "counterfeit" when they sold it then you may have a case - they could argue they did not know either. Did you purchase at a "proper" price or was it "cheap as chips" for the product. Did the Seller just have the 1 article you bought or is he selling many the same - if many then again you may have a case. Have you asked for a refund either in full or partial. I know you say he was an individual but wonder if he is masquerading as a Trader - has mant items for sale.

                      Comment


                      • #12
                        Re: MCOL vs. Court Claim and Particulars of Claim

                        Wouldnt this be a straight forward claim for breach of contract?

                        The description was that it was designer, if it was not then it is misreprestation im my view, at least that would be the starting point of my research anyway.

                        Obviously i dont know what was discussed with the seller etc, but it seems to me you have a claim there.
                        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                        If you need to contact me please email me on Pt@roachpittis.co.uk .

                        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                        You can also follow my blog on consumer credit here.

                        Comment


                        • #13
                          Re: MCOL vs. Court Claim and Particulars of Claim

                          It's the OP here. My oh my does it take a long time to go through the motions! But an update at last....

                          After an unsuccessful mediation attempt this week I was contacted by the defendant who offered to refund in full, in installments. This is great news, but I'm all too conscious that if I agree (and notify the court that the matter no longer requires a hearing) and they then renege on our agreement then I'm back to square one and probably facing new costs and another long wait for a court hearing.

                          Is anybody experienced in this field and can offer me any advice on what to do?

                          Many thanks!

                          Comment

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