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County Court Claim

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  • County Court Claim

    Advice please. Several months ago an online private seller responded to my genuine designer handbag wanted advert and offered me their so called authentic handbag with photo. I purchased and paid a large deposit and made payment online to the seller and the bag arrived within two days. I took the bag personally to a number of different handbag authenticating stores who inspected the bag and confirmed the bag as counterfeit. I also took photos and had the bag also confirmed as 100% counterfeit by an online verification website. Upon such knowledge I have advised the seller of the above who still claims the bag is authentic but has no tangible proof. They now want immediately the outstanding balance and are going to be issuing a ccj against me for the balance.
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  • #2
    So presumably you have written evidence from the people you have spoken to that the bag is a counterfeit? If so then you shouldn't have anything to worry about.

    The seller unfortunately can't just obtain a CCJ for the balance unless the seller issues a claim, and either you fail to file a defence or it goes all the way to court and a judge finds in the seller's favour. If the seller does issue a claim, then you may wish to counterclaim for the monies paid to the seller already.

    Like you said, the seller has no tangible proof that the bag is authentic so what's the worry?

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    • #3
      Originally posted by R0b View Post
      So presumably you have written evidence from the people you have spoken to that the bag is a counterfeit? If so then you shouldn't have anything to worry about.

      The seller unfortunately can't just obtain a CCJ for the balance unless the seller issues a claim, and either you fail to file a defence or it goes all the way to court and a judge finds in the seller's favour. If the seller does issue a claim, then you may wish to counterclaim for the monies paid to the seller already.

      Like you said, the seller has no tangible proof that the bag is authentic so what's the worry?
      And even if they do not issue a claim, you may want to send a letter before action demanding refund of the deposit or else you will issue a claim for it, assuming you have the written evidence of it being counterfeit?
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