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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70178
Experience:  Over 5 years in practice
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Looking uk solicitor who knows retail laws/selling/commercial/distant

Resolved Question:

looking for a uk solicitor who knows retail laws/selling/commercial/distant selling
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

Hi Jo

Thank you.

I am an online retailer. I have a problem with a supplier who approached me online as a wholesaler.

first 2 small orders were fine, then last 2 of £2200.00 total,from last december- he never supplied the goods and says he has no money to refund me.

Uk based and payment by bank transfer, lots of email evidence.

on what grounds can i bring him to court? or what can i do?

he maintains his bankrupt and has no assets so not to bother suing him ...

thanks, Lavinia

Expert:  Jo C. replied 2 years ago.
Is he bankrupt?
Customer: replied 2 years ago.

he claims to be bankrupt in an email today, also has an IVA he claims and living with family

However, he has a bank account, and has a shop , whether its in his name i dont know-and is registered as a business online- I didnt think it was possible if hes bankrupt..

He has lied may times so I dont know the real truth

Is fraud grounds for this?

Thanks

Expert:  Jo C. replied 2 years ago.
I suppose in principle it could amount to fraud but the police willl not act probably. They will say it is a civil matter.
There is a claim in civil law against him. Even if he is bankrupt it doesn't do anything about his existing debts and if he is trading in his own name when he is undischarged there are offences in that.
You can always sue in the small claims court. This is just a simple breach of contract. You can issue here
www.moneyclaim.gov.uk
although it is worth sending a letter before action just to see if that has any effect. He might ignore it. He might not. Since it is free to do though you may as well try.
Can I clarify anything for you?
Jo
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you, ***** ***** most helpful.

There is one other small thing, in the interim period he sent boxes of unordered items in an attempt to reduce his debt-it was all rubbish.

He claims he does not accept returns but I didnt even order them and is using this as a twisted logic as to reduce outstanding debt..

Expert:  Jo C. replied 2 years ago.
Well,, that is a nonsense. Apart from anything else he can't just refuse to accept returns.
He may be a man of straw so not worth suing. Sometimes though people are worth suing to teach them a lesson even if you never get a penny. Since court costs are very low and you are likely to win I would suggest suing.
Customer: replied 2 years ago.

Thank you very much, you have clarified a lot for me

warm regards, Lavinia

Expert:  Jo C. replied 2 years ago.
No problem.
All the best.