Seller Trying To Claim For Damage To 3 Parcel Companies - For Well Over Cost

[joko]

this is linked to my previous questions about CCJs

it turns out the seller is possibly trying to claim 4 lots of compensation for the damage to this item ... she is trying to get it from all 3 parcel companies used - and me

she seemed to think i should be grateful she was only claiming for the item sale price from me - rather than the cost of the item to replace with a brand new one - over £1000 ...! which is what i think she is expecting to receive!
the item is not worth more than £200.

I have tried to contact the parcel companies concerned to tell them this, and see if i can get confirmation that she a case with them - as it may help my case to know she has done this - but they dont seem to understand what i am saying - they just say they cant take delivery instructions from me, only the seller ...

what is the best way for me to let their claims depts know what is going on?
emails are not working - and i doubt i'd get put through to the right people by ringing - or is that the only way?
is there a process? or someway i can contact the claims dept directly?
its hermes, UPS and interparcel

she also keeps mentioning parcelforce but they were not even involved so im even wondering if she has even started some sort of claim with them too - with a different parcel but claiming its this one or something

i am pretty angry with this rotten woman, and it would stick in my throat if i though she had managed to blag £3000 out of this - or even £4000!

thanks

[Retrochic]

joko get in touch with Ebay asap, they will put your mind at rest. Make it quite clear to this woman you are not giving her a penny. I am 100% sure this is a scam.

[joko]

retro chic - thanks - but i already have the county court claim forms - i have to prepare a case.

there are another couple of questions about this on my profile if that helps at all

its a weird situation

and no i hadnt thought of trading standards

thing is - she claims she runs an ebay shop and 2 staff members packed this - but her first messgaes to me were saying she was new to ebay and didnt even know how to claim a payment - she has also not sold a single other thing on the account - and ebay confirmed she is not a registered seller
so can TS still do anything?

[joko]

yes retro - i know the ebay side is totally closed - i know i owe her nothing
thats why she is going this route

ebay have said they will stand by me in the case

[joko]

i mean are parcel companies in touch with each other? if she tries to claim from all 3 will they realise? will the trace the full route of the parcel? or just their bit?

even if she does only claim from one - its still wrong and to claim such a high amount ... i honestly dont get how she can think that she should get over £1000 when she sold the item for 200 - she is oblivious

she also seems to have a mate who is the admin for a legal firm who has been advising her - so she says - but the claim i received was written like vicky pollard had written it - my sis even suspected it was a fake form to try to scare me

[Retrochic]

So I take it she is trying to claim money from you as she believes you should not have been refunded by Ebay as it was your fault the item got damaged? If so I doubt she has a leg to stand on. Approach Trading Standards,make sure you give facts and don't go off on tangents about her motives. As for your 6 page retort to the Courts -keep it simple state what you have told me - you purchased something it got damaged in the post Ebay refunded you through their resolution process, following Distance Seller protocols. That is all the court needs to know. The buyer is never ever liable for receiving damaged goods.

[Retrochic]

joko take a deep breath -if she wants to try and steal from the courier companies that is no concern of yours,forget about that aspect. IF she has given you false court papers that is easy to check -call the local court or take the papers down. This smells of fraud, if it was me I might even make a trip to the local Police station.

[Buenchico]

I've just been posting on another thread about highly-rated comedy.

Now, having read through all of that lot, Joko, I'm happy to tell you that (without the slightest shadow of a doubt) the judge in your case is most definitely going to get the biggest laugh he's had for ages when the claimant brings her case before him!

She hasn't the slightest chance of winning. Make sure that you get an order for every penny of your expenses out of her!!!

[joko]

yes i am going to whittle it down as much as possible.

but i also want to stop her claiming £3000, if i can, because if it just goes through as a basic damaged package - she may get lots of refunds

i also want to know if she has in fact claimed from all 3 - she sort of hinted at it - but its not certain - as that knowledge could help with my defence.

i need to know who to speak to and how - at all 3 companies - and maybe even parcelforce - if she has claimed with them too - its even worse as they were not even involved!

[Retrochic]

joko I can't answer that and to be honest its not something I think you should worry yourself over. Rest assured you are on the right side of the Law and owe this women nothing and she has no claim on you. I have to say I'm not legally qualified but have a lot of experience selling on line and you do come across these scams and have to stand firm. Are you totally sure these Court Papers are real?

[joko]

lol buenchico - i agree! its utterly ludicrous ... its funny - but its annoying as i still have to deal with it
i am pretty sure she wont win ... but at the moment i suspect she knows it too - and thats why shes going for the PCs ...

retro - i want to do that though - i want to stop her and dont want her to get a penny - i am annoyed that i am having to deal with this - i have not been well and am still not right and its annoying to think i may have to travel somewhere to deal with all this crap.

so if me sending a couple of emails detailing the case and sharing my info etc will help those companies not let her get away with this then i'm happy to do it

[joko]

yes they are real - i have logged into them online to send the notice

i was hoping she would just cancel them - that is was a blag hoping id just pay it for fear of getting a ccj - but not a chance - i have told her i will fight all the way - then claim all my expenses etc back from her too

[Retrochic]

joko can I ask what is was that was damaged because it may not be covered with the Couriers. Hermes smashed 20 antique plates I had wrapped up extremely well but refused to refund me as they don't cover ceramics,glass or anything remotely fragile.

[joko]

im pretty sure she was stalling etc, and thought she had won when i ran out of time to claim - but ebay agreed to bypass their system - as they agreed something untoward had happened
she got very upset when they found in my favour - even though she had been promising a refund as soon as its returned, the whole time

[Retrochic]

Got to go to bed now joko but please let me know how things go and good for you fighting back!!

[joko]

it was nothing like that, it was a salon laser- plastic mostly - but the screen was all snapped out of place and hanging down, a piece of plastic that should have been unscrewed was snapped off - plastic chips were all over the box, security seal broken.

she packed it basically loose - all that there was was a 1inch layer of squashed packing foam beads on the bottom of the box - and a strip of bubble wrap 1m x 1ft - thats it .... the box was size of say, a large microwave

i am not at all surprised it was broken but it also makes me wonder if that was deliberate...?

[Retrochic]

Hi joko I've just come back to this and have thought about your concerns viv a vis the seller making huge claims to the shipping companies -she can make all the claims she likes but she MUST support the claim with proof of value of the damaged item. This can be a receipt from an Ebay purchaser or a sales receipt. Without proof of value her claim will not be taken seriously by the shipping companies. As you have proof of how much you paid for the item it may be a good idea to forward this as an attachment to the shipping companies involved to prove the actual value of the package. having said that its not your problem and I personally would leave that side of the case to her.

[EDDIE51]

What form of words has this person put as a case on the CCJ form ?
I can not see how a claim could be worded so as to make out a case against you. Can you put on here what the claim form actually says?

[Retrochic]

Eddie I can't see how she has any case at all -Ebay refunded OP and the sellers gripe should be with the shipping companies not the OP. No way is the buyer ever liable for goods damaged in transit. Even if the OP was not there to receive the parcel and the courier decided to throw it over the garden gate -not the OP's fault.

[EDDIE51]

On a CCJ form there is a box to tick saying '' I dispute the full amount claimed as shown on the claim form'' Just tick that and for the section 'Defence' put a few words like '' This person has no justifiable claim against me and I do not owe her anything''. Then send the form back. The court then has to get the plaintiff to explain how they have a claim against you and supply evidence. She will not be able to do this or her case will be so ludicrous it will be immediately thrown out .

[Retrochic]

Eddie -Thats what I've said -there is absolutely no reason the OP need give a 6 page dissertation on why they are not liable. I think the OP is getting more and more worked up about it, I hope she gets back and perhaps listens to reason. You and I ship out lots of stuff and I'm sure like me you come across the scams and 'tryers on' and I'm 100% sure this is the case here.