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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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There ! Please help...! Here's a summary of my predicament....

Resolved Question:

Hi there !
Please help...! Here's a summary of my predicament....
Last March I bought a premium second hand astronomical telescope from a guy via an online astro-gear website . When the telescope arrived it looked ok but a few days later , in bright sunlight , I noticed a hairline crack across the lens . It was broken !
I informed the seller and the courier company immediately . The courier denied responsibility as it had been signed for as ok and had taken more than 24hrs to spot the problem ( despite the fact that my colleague who signed for it noticed that it had been stored 'on it's end' in the delivery van...contrary to all the ' this way up' stickers on the well packaged box !)
The seller was about to take a long trip to Africa (!) and left me to try to sort out a claim via the packaging company who took out the insurance . At this point I should mention that the telescope was sent from Spain...though when paying for the scope the seller had given me a UK address and bank account .
The insurance company eventually contacted an independent assessor to look at the scope, packaging,circumstances etc . During the inspection the assessor seemed to agree that the damage could well have happened during transport...though he was not in a position to present that as his official finding. I was thus surprised when the packaging company reported to me that the insurance company's independent assessor's report concluded that the damage could not have happened during transport but that the scope was likely already broken when sent .
I personally find their conclusion spurious , as the seller personally took the scope to the packaging company and watched the process ( and sent me photos). Surely he would not have risked this with a broken scope...they would probably have spotted the damage .
When I informed the seller of the insurance company's decision ( he is now back from Africa !) he was not too pleased and has sent the packaging company an e-mail threatening to involve lawyers . However...that was nearly three months ago and he is not answering my e-mails .
The seller has had my money for nearly nine months and I am stuck here with a broken scope...I'm after some advice as to what I should do to resolve this rather complicated mess.
Thank you for any advice !
Steve .
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
How much was it please?
Customer: replied 1 year ago.
The telescope plus additional pieces of equipment came to 5040 GBP.
Expert:  Ash replied 1 year ago.
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 signed 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.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
Thanks Alex ,I did send a request for a refund to his uk address about five months ago...by recorded delivery. The letter was returned saying there was no one at home ....though I was not threatening to go to court at that timeFollowing advice from the European Consumer Advisory Centre I sent him an e-mail requesting a full refund nearly two weeks ago and in that e-mail I did give him two weeks to respond or said that I would take him to the courts .I suppose the reason I came on this site was to get a legal perspective as to whether this is the correct route to follow...The seller lives in Spain so i was wondering how the UK courts still cover that jurisdiction.ThanksSteve.
Expert:  Ash replied 1 year ago.
Its still covered by EU law so you can still get Judgment by a European Enforcement Order. It does take longer but you can still do it.
Does that help?
Alex
Customer: replied 1 year ago.
Yes thanks that's useful .My other reason for coming on to this site is to get the opinion of a legal professional as to whether , given the particulars of the case , it is likely that I will be able to get my money back ?Steve.
Expert:  Ash replied 1 year ago.
Yes I think you can, but of course purchasing second hand goods is always a little harder to claim.
Does that help Steve?
Alex
Customer: replied 1 year ago.
Thank you Alex.
Expert:  Ash replied 1 year ago.
Good luck!
Alex
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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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