Tweet
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.
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.
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.
Comment