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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice
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I accidently paid £1100 TWICE for a second hand car, private

Customer Question

I accidently paid £1100 TWICE for a second hand car, private seller. The seller accepts that he has received the money twice but has ignored all my letters for the past month. What 'crime' his he guilty of and how should I proceed.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

How did you come to pay twice please?
Customer: replied 3 years ago.

I purchased the car on e-bay and paid immediately by bank transfer.


On a further visit to e-bay whist paying for another item I failed to notice that 'pay all items' was active and a second payment was made.


The seller lives locally and has accepted that he has received 2 payments but has ignored all my letters and calls for the last 6 weeks.


He claimed to have sent me a cheque by recorded delivery ( I had already sent him an SAE), but there has been no trace of this at my local main post office. and he has not replied to my request that he try to trace the cheque from his end.



Customer: replied 3 years ago.

Looking forward to your reply.



Expert:  Jo C. replied 3 years ago.
Sorry for the delay.

Are you prepared to sue him?
Customer: replied 3 years ago.

Yes - I was going to use the online small claim procedure which I have used before and am very happy with.

Expert:  Jo C. replied 3 years ago.
Yes, that is exactly the right thing to do.

You do need to send him a letter before action first. I realise that you may have warned him already but its important to follow procedure. Just send him one letter setting down that if he does not pay within 7 days of the date of the letter you will sue and claim costs and interest.

Probably that is all you will need to do as he will then pay.

If he does not then sue him here

and reclaim your costs and interest at 8%.

Can I clarify anything for you?

Customer: replied 3 years ago.

What am I sueing him for? What offence against me has he committed?

Theft? Fraud? That is all I need to know to start proceedings.




Expert:  Jo C. replied 3 years ago.
You don't need to cite law at the small claims court. You just set down the facts and the Judge will apply the law

Its a conversion though.

I wouldn't go down the road of making allegations of theft.