Sold Handbag but buyer is now refusing to pay

[YorksKev]

Morning




My wife against her better judgement has sold a Chanel bag via Facebook, via a 3^rd party (consignment). The bag has been sent to the lady's customer and who has confirmed that she is happy with the bag and condition. This can be back up by proof of postage along with messages from the customer.

The 3^rd party agreed that once the customer was happy with the bag she would send the money to us (£3300) to use via bank transfer.

So far she has only provided funds for the P & P, she has claimed that she sent the balance on Thursday at 7pm, but this was held for review by the bank. We have requested her to speak with the bank to try and push this through as it could have been held for fraud checks etc.

We then spoken to her again last night and claims that she has spoken to the bank, but her has now lost access to her account (RG21M -account blocked). Researching on the internet shows that if this is the case it is most likely that the account has been held for investigation by the bank which can take months.



The 3^rd party in question doe shave good feedback, and was suggested by my wife's friend who sold a handbag with her last year with no problems. But we are now worried that this a scam and looking at the best way to claim back our money. We do have the contacts details and bank account details of the 3^rd party, so wondering if pushing a small claim would be a viable option.

We have tried to discuss this with her further but she is now no longer responding to messages.



I am also wanted to report this to the police as a scam/fraud but wonder what impact if any this would have on a small clams court.

We would be very happy to have this resolved outside of court. But given the value of the bag we would not want to avoid having to wait months to reclaim this money, as it could be put to better use on day-to-day living.



I would welcome anyone thoughts and happy to provide further information.




Thank you

[echat11]

Hi Yorkskev

You can report the matter to Action Fraud online if you believe it to be a 'scam' report it. That shouldn't count against you, especially as she isn't returning calls etc.

Follow CPR protocols, i.e. send Letter Before Action.

https://www.judiciary.uk/wp-content/..._in_Person.pdf

[YorksKev]

Thank you for the response,

The buyer has finally made contact with us today via Facebook messenger. She is now requesting that give her until Thursday 3rd February provide us with the funds. Although she has provided no evidence that she will make this payment or that she has struggles with her bank as claimed. But we have agreed to give her the 2nd chance and this time to make the payment. Should she failed to make the payment we would then look to process with a small claims case.

You mention that we should follow CRP protocols and send a letter to her before action, would this need to be sent after the 2nd deadline with have given her. If she fails to meet this we would then look to report the incident to Action Fraud and/or police.

As you can imagine we are worried about the money and my wife has sent her a number of messages trying to resolve this. She is now claiming that we are causing her stress and harassing her which i find ironic. But would be be with-in our rights to chase her for the money, or is it best to wait now until the agreed deadline.

Just one question with regards to the small claims, we would have to pay the court fee up front (£205) is it possible to claim these back via the claim?
Also as we are based in the north east and she is in London, should this go to a hearing, would a suitable venue be chosen for both parties i.e Nottingham.

Thanks

[echat11]

Make sure you get Proof of Postage for the Letter Before Action.

a) You mention that we should follow CRP protocols and send a letter to her before action, would this need to be sent after the 2nd deadline with have given her. If she fails to meet this we would then look to report the incident to Action Fraud and/or police.

CPR protocols - https://www.justice.gov.uk/courts/pr...es/civil/rules

Yes after the second deadline.

b) As you can imagine we are worried about the money and my wife has sent her a number of messages trying to resolve this. She is now claiming that we are causing her stress and harassing her which i find ironic. But would be be with-in our rights to chase her for the money, or is it best to wait now until the agreed deadline.

Wait until the agreed deadline as she is communicating now.

c) Just one question with regards to the small claims, we would have to pay the court fee up front (£205) is it possible to claim these back via the claim?

Yes.

d) Also as we are based in the north east and she is in London, should this go to a hearing, would a suitable venue be chosen for both parties i.e Nottingham.

Yes, you'll receive a Directions Questionnaire form when you can tell the Court your venue selection. Bear in mind that Courts have been using Zoom, so it might be a Zoom hearing.

[Sam101]

Demand return of the Bag or get it collected ??

[YorksKev]

Thanks for the feedback,

In addition to the above, we are now waiting until the 2nd deadline that we provided her with, which is this coming Thursday 3rd February.

Given that she started communicating at the weekend after we threatened her with court action. For which she is saying we are blackmailing and harassing her. Therefore we have ceased all contact with her until Thursday in the hope that she will make good on her word and pay the funds.

Should she fail to do this we are then ready to send her a demand letter (how long would be a acceptable time scale, which in effect would be 3rd deadline?) which we will send recorded post. Should she not respond to the letter we would then be willing to take court action, for which we have started to prepare documents (screen shots, tracking information, messages etc)

Thank you for the confirm that we can claim the court fees back, so in effect would this be added to the claim costs that we are making?

Regards

[echat11]

Talk of 'blackmail' is nonsense as, she has the money and the bag.

Ideally I'd give 14 days. Yes it's added to the claim with simple interest.