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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I feel I was mis sold something on Madbid as the decription

Resolved Question:

I feel I was mis sold something on Madbid as the decription was not clear and I took it as meaning one thing but they are argueing that it means something else. It is worth 300 quid so want to know if it is worth taking them up on their unclear description to get my money back. They are just quoting their T&Cs but it is not them I have a problem with. The communications I have had with them are unproductive and I just get rote response re T&C. is it worth the effort and if so how do I do it?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know who is responsible for the listing, whether it is Madbid or the seller (like Ebay) please?

Customer:

Hi, it is a madbid auction and listing so I would have to assume madbid. It is not a public listing area like ebay so I would have to say that the responsibility for the listing is with madbid.

Alex Watts :

What is the value of your loss please?

Customer:

£300

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

Alex Watts :

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.

Alex Watts :

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

Alex Watts :

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

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

If it goes to court, how much would it cost, if anything, and could I claim expenses from madbid if I won? 300 is not a lot to lose if I could potentially be losing 2000 in fees and expenses and time off work.

Alex Watts :

The fees are added to the claim. You can claim £90 witnesses expenses. Court fees are here:

Alex Watts :

https://www.justice.gov.uk/courts/fees

Alex Watts :

Does that help?

Customer:

yes thanks

Alex Watts :

Can I help with anything else today?

Customer:

Nothing now. That information is enough for the subject now. I will do the letter. Sorry, one, should I send letter requesting payment first, then send a second one saying I am going to court, or just say in the first letter I will go to court if refund not received? from your experience, what gets thhe result more often?

Alex Watts :

I would do it in one final letter saying you want £ and you will go to court.

Alex Watts :

Litigation is never certain

Customer:

got it, thanks for your help

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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