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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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,it is a long story.I was recently in a dispute

Resolved Question:

Hi, it is a long story. I was recently in a dispute with a seller about a laptop , i received that was not as described. I paid via Paypal and ten opened a case.

This was close to 9 months ago the laptop was purchased via ebay.

I am resident in Germany and the seller is in the UK.

The seller was being really difficult. I tried to return it to him and the delivery was refused on two occasions. I then had the parcel redirected back to my self. I tried to contact him but he would not answer. Consequently i also received a Refund for the full amount. The seller has never contacted me directly to have the laptop returned. He started a claim in the UK on the delivery address in county court and won and I have since paid him the costs as I do not live in the UK, I was not able to attend the hearing and I never though this would be awarded to the seller, and now I do not know what else I can do since this is an unbelievable situation. I also have several mortgages in the UK and I do not want my credit rating impacted this is why i also paid him.

 

He claims that I have never contacted him and that I have committed theft/fraud because I re directed the parcel.

 

He now wants the police to investigate me for fraud, what is the likelihood of this?

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 : Did you pay the judgment within a month please?
Alex Watts : Why did he start a county court claim?
Customer:

Hi Alex did pay within a month, he was claiming fraud because I redirected the parcel.

Alex Watts : Ok it won't affect your credit rating if you paid within a month,
Alex Watts : if he got a ccj its not fraud.
Alex Watts : i would not worry
Alex Watts : he can not do anything
Alex Watts : the court has ruled. There is no offence
Alex Watts : can I clarify anything for you about this today please?
Customer:

yes he is stating that the judge had said that this should be referred to the police for criminal intent.

Customer:

i am not sure if he just trying to scare me

Customer:

also

Alex Watts : Did you go to the hearing I assume not?
Customer:

i did not go.

Customer:

it would have cost me more than the claim

Customer:

in lost earnings

Alex Watts : sure. You can ask the court for a transcript. There is a charge but you can see what the judge said.
Alex Watts : So order a transcript. You will the judges findings
Customer:

based on that this can then go to the police?

Customer:

the claimaint

Alex Watts : but you are not in the UK it would make no difference.
Alex Watts : the judge is very unlikely to do anything in any event in reality
Customer:

why do you say that please can you quantify

Alex Watts : it's very Rare.
Customer:

so the police in the UK will not involve them selves?

Alex Watts : no.
Customer:

also I do make sure that the seller informs the court that I have paid in full as I understand that if he does not then the CCJ is registered on my credit file.

Customer:

How

Alex Watts : You need to ask the court for a certificate of cancellation.
Alex Watts : if you have proof please send that to court and get a certificate
Alex Watts : I think the cost is. £15
Customer:

I paid via BACS transfer and I have an email from him confirming the bank details. So will a bank statement be enough?

Alex Watts : yes.
Customer:

Is there anything I can do? I now have a laptop that is not as described? it all does not seem fair.

Alex Watts : only appeal the county court decision, but you would need to attend for that.
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Alex Watts : Can I clarify anything for you about this today please?
Customer:

i would rather you were honest, I just want to know the reality from your experience

Alex Watts : indeed
Customer:

is the reason that you are certain that the police will not investigate this matter due to this dispute being purely civil?

Alex Watts : Yes.
Customer:

OK thanks for bearing with me, I just needed to be sure and to put my mind to rest.

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