small claims court

[lilacben]

Would it be worth taking anyone to the small claims court for �35.? Sold something and heard it was working ok and then it went wrong.He now wants to take me to court for the total amount �35 plus his expenses to pick it up.over �100.

[Ethel]

I assume you are a private seller selling a second hand item, not a business seller.

If this is true then the item only has to be as described. If you sold it as working, and it worked the day you sold it but broke the day after, then there is no come back on you - so pointless taking you to court.

If you sold it as working and it didn't work at all - then you should give the buyer his money back or he stands a good chance of winning in court.

So it very much depends of the circumstances.

[lilacben]

Hi Ethel, I had an email from him saying it was working fine,but the email has been lost now , so I have no proof.I have also offered a refund for it the �35 if he brings it back. But because he had to drive 250 miles,each way he also wants his expensives as well.Plus expensives to cover the return.

[Ethel]

This is a tricky one. I firmly believe that a buyer should not be out of pocket if they have received something different to the advertised or promised item.

Had the item been posted I would and was faulty on receipt I would always recommend a total refund of cost of item plus all postage costs.

Equally, a buyer should not get refunded if he got 'exactly what it said on the tin'. If it broke next day, that is tough luck.

Another complication is he collected it. This means he had time to examine the goods before accepting it and handing the cash over. Because of this I would say he bought it 'as seen' and is not entitled to anything.

This would stop him winning in court.

I hope I haven't confused you. :)

[lilacben]

Thankyou Ethel,I have two problems here though. One is the fact someone else picked it up for him and didnt see it working. And the second is the email that I recieved has been deleted.Although I still have positve feedback to say good deal.Many thanks again.

[Ethel]

You have two choices really:

1. Refuse to refund and see what happens.

2. Open negotiations for a refund of the cost of the item and part expenses.

I would go with one. How long after the sale did he inform you it was broken?

[wisewomen]

To be fair it's going to cost him more than �35 to take you to court. The issue fee itself is �30 then he may have the �25 Hearing Fee etc.

Personally I would just keep a record that you offered him a refund and forget about it. He is probably just trying to scare you. A Judge wouldnt look twice at the claim and would probably class it as wasting court time, for the fact that you have offered a refund.

You have done everything by the book and shouldnt worry.

[lilacben]

Many many thanks for all replies. I will sit tight and see what happens. But at least I feel a bit better now. iF anything happens I will let you know.