hoping someone can give me some solid advice on if I should proceed with a small claims court claim or if I'm wasting my time and more money. I recently bought a 02 748r over distance without seeing it, yeh stupid but hey ho, I did a lot of talking with the seller photos etc etc and due to logistics a friend collected it for me all good. Problem arised that my friend was not familiar with the ins and outs of the model spec and the seller had swapped out the alloy mono subframe for a steel bp one, alloy in the pics he sent me. So naturally I got straight on the phone to the seller who said he was sorry didn't realise it was special (yeh right) and would send me it on. Few days later text to say he's sent it via parcel force, needless to say it's not turned up 7/8 working days later. He's now not answering his phone to texts or voice calls and as I deal with parcel force for work I've confirmed that he's not sent anything recently to anyone let alone me! As he's 200ish miles one way away I can't just pop over to knock on his door although I have a friend who's will too in the new year for me when he's back in the big smoke. can I take this to the small claims court? I've got the pictures of the bike he sent me, text messages to saying he's sent the subframe and original ad saying the bike is all original etc Thanks for any help between this, work and having the dog the vet every week for the past 5 weeks for a eye problem I've had enough!
It is most definitely the sort of issue the Small Claims court was set up to address. Given that the seller clearly is of dubious parentage, I’d stick it to him. Andy
Goodluck with this - too many people being ripped off by pond scum. Its one of the reasons I pay for everything " long distance/ unseen" by paypal.
Get a solicitor to write a letter stating things will proceed into small claims court if the part doesn't arrive in a certain time-frame. Requesting politely also the actually consignment number or tracking number.
@Exige love too don't think it will help my case at the moment though haha @Android853sp this was/is my feeling on the matter I was honest with him I expect to be treated the same way. I'm not complaining about the other issues I've found with the bike. I normally do myself and even cover fees, I wasn't expecting someone with a million pound house, land, multiple bikes and nice cars one a Ferrari to rip me off for a alloy subframe!
I requested the tracking number the day he told me he sent the subframe, and again after I visited parcel force. Still waiting. I've tried to be polite with him so far but I'm loosing patience. How much should a solicitors letter cost as I don't want to go down the road of spending more money than needed if I'm just going to end up in the small claims court proceedings.
He probably has a million pound house and a Ferrari because he's dishonest... A serial ripper offerer
I think a solicitors letter will cost a lot more than the ally subframe would go for.Id send the gimp er I mean Chiz round!
Dont do anything until you have proof that nothing was sent to you. Do you have written or email evidence of conversation where the seller states he will send on the goods. You would need these items of evidence in a small claim court and without then it would not be worth spending money on a solicitors letter anyway as if the letter is ignored you still have no evidence but have wasted money. Imthink therevis amphrase you cannuse requesting replies to your questions within 14 days or else?? Best of luck.
Just send him a polite but firm 7 days notice ( by recorded delivery) to rectify the problem or you will take it further Then get a quote from your local ducati dealer to supply the correct parts and fit them and take him to the small claims court for this amount He will settle out of court very quickly
On a more positive note....Congrats on your new addition. Any pics of the bike, pref with a bin but its not mandatory
How much money? If you sue in the County Court you will need to specify how much you want, and in due course you will have to prove it is the right amount of money. Whether it is a "small claim" or not depends how small it is. When you know what the amount is, you will need to write to the Defendant specifying that he owes you this sum, demanding that he pays it within a specified reasonable time, and stating that in default of payment you will be issuing County Court proceedings. D will have to believe you will really do this, otherwise it will be ineffective. Then unless the sum is too small to be worth bothering with, given that it will take up some of your time, effort, and money to go ahead. If you think taking a case to court would be an interesting and instructive experience, do it; if you think it would be stressful hassle which you would rather do without - then maybe not.
Proof he hasn't sent me nothing was by parcel force checking their system for me and telling me verbally. I know them quite well I've been dealing with them for 16years and trust them more them him. I will have to ask if they can print me anything off to 'prove' I've not had anything delivered or sent to me by him. Although I'm not sure we're data protection comes into this? I have text messages to say he "will send the subframe tomorrow" and the following day "I have sent the subframe by parcel force it should be with you early next week" I then have a text saying he will get back to me with a tracking number he never did. I would write it off but I'm sick of people taking the piss and getting away with it. All I want is the subframe off him I paid for when buying the bike. I don't have pictures of the bike as I'm doing a full chassis rebuild strip, clean, new bearings, shock and fork service. I want the chassis to be 100% then next winter I'll look into doing the same with the motor maybe 853 it. It's not a investment but I want it right as I'm arse like that.
From reading some of your communications what I conclude is that you should write this one off. Unless you can go and bang on his door I think you'll have worse odds than a eunuch would of winning a wanking competition!
