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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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hi I have problem with ebayer so point is I sold computer

Customer Question

hi
I have problem with ebayer
so point is I sold computer and diagnostic interface on ebay and one person bought it, after a few days sent me message that device is working fine but have a problem with software, I sent him my phone number then he phoned me about details, I told him what he should try to do. Next day he opened case on ebay and my money from transaction has been held, then he sent me back the device and after receiving it turned out that software failure was affiliated with his attempts to copy, so now I have broken device and no money because ebay done full refund for customer. I have all his message as a proof it is not my fault and estimated repair price for laptop diagnostic software, also full customer details, so what can I do ??? he is from Scotland, I am from England
regards
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : How much are you out of pocket please?
JACUSTOMER-g2e4w0ka- :

hi there

JACUSTOMER-g2e4w0ka- :

about 250 pounds

JACUSTOMER-g2e4w0ka- :

regards

JACUSTOMER-g2e4w0ka- :

.

Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy. If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court. The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce. Even though he is in Scotland you can apply to transfer the English Judgment to the Sherriffs office to enforce. If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation. Can I clarify anything for you about this today please?
JACUSTOMER-g2e4w0ka- :

HI

JACUSTOMER-g2e4w0ka- :

ok I will send letter and will see but when he won`t answer for my letter, what forward ?? only court ??

Alex Watts : Yes court I am sorry to say.
JACUSTOMER-g2e4w0ka- :

you know it is not much money but he wanted to cheat me

JACUSTOMER-g2e4w0ka- :

and one more

Alex Watts : Yes I know.
JACUSTOMER-g2e4w0ka- :

what about case in court. Do I have to do it via a lawyer company ??

Alex Watts : No. As I indisctass a
Alex Watts : As I indicated above a small claim you can do it yourself.
Alex Watts : It is straight forward.
Alex Watts : Please see
Alex Watts : https://www.gov.uk/make-court-claim-for-money/overview
Alex Watts : Does this help?
JACUSTOMER-g2e4w0ka- :

yes but they as covering the England and Wales but not Scotland

Alex Watts : Yes but please read my answer above, once you have a judgment then you can transfer it up to the a sheriff office and enforce it
Alex Watts : Does that clarify?
JACUSTOMER-g2e4w0ka- :

yes thanks

Alex Watts : Great,
Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Alex Watts :

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