I sold 270 jewellery pieces to shop. Now threatening with small claims.

[FTMDave]

There are no guarantees about what the opposition will do, but all this "I've got 20 years' experience and I'm great and you're nothing and I'll whack you in court" is something we constantly see here and something that must have happened to me around 20 times during my life.  Standard stuff from bullies who think the very mention of court will have the other person trembling in fear.  On each of the 20 occasions I told the bullies to do their worst.  And then ...

 

... nothing happened.

 

So he has 20 years' experience and had two hours to examine the items and yet didn't realise that the goods weren't fit for purpose.  Aye, right.

 

Stop writing to him.  Trying to be cooperative with a charlatan just makes you come over as weak.

 

None of this helps you though at you are still £675 down on the deal.

 

What to do depends on what you hope to achieve and how strong you think your case is.

 

One possibility, as he says "Your goods are here for you to pick up", would be to agree an appointment with him, count out exactly 135 pieces to take, tell him you're quits and to Foxtrot Oscar and do his worst.  He'd be highly unlikely to do court with his rubbish evidence, even more so as he has no address.

 

Alternatively if you wanr to avoid face-to-face confrontation and feel you're in a good position., simply message him and tell him to hurry up and start his claim, and then when he does nothing after Christmas send him a Letter of Claim and sue him for £675.

[FTMDave]

Yes, by all means paste the messages.

 

Also name him.

[FTMDave]

No, he can't.  His contract with you is for your goods.  Any money he wastes on traces or solicitors is his own concern.

 

You need to stop corresponding with him now.  He's just trying it on.  He's such a great businessman that he didn't even take your details!

 

On 1 January you send your Letter of Claim.

 

 

 

 

[FTMDave]

It's by no means certain that he will really use a trace agent.  He could well be full of bluff and bluster.  I've met many such types.

 

If he does, then trace agents aren't miracle workers.  It depends on how much information the spiv is able to give the trace agent.  "A bloke called Mrk" came in isn't much info.

[FTMDave]

We've already said what to do.

 

1.  Stop communicating with him.

 

2.  On 2 January, the first working day after the deadline for payment, send a Letter of Claim.

 

You're well on the way to snatching defeat from the jaws of victory in what is a very simple case - he owes you £675 for which you have a a written agreement.

 

He's asked you to come in to collect your goods, so you say you're coming in - er, I wonder how he will try to spin that?  That's after offering him partial refunds, which he will spin as admitting the pieces were defective. 

 

You constantly say it's the last message, but then continue the messages, which just makes you look weak.

 

You will have to put your details on a Letter of Claim so I don't see the point in all this flurry to hide your name & address.

 

 

[FTMDave]

It would be a good idea to draft your Letter of Claim for 2 January (presuming he misses his deadline for payment).

[FTMDave]

14 hours ago, mrk1 said:

At this stage I’m wondering if yo just leave it. Take a loss. 
Do I want the stress of a court case? 

Well, only you can decide.

 

When you started the thread you wrote -

 

2 hours ago, mrk1 said:

I’m struggling to see how I can fail. 

Anyway, the time to throw in the towel isn't now.

 

This may all be bluster and he actually pays on New Year's Day (albeit highly unlikely).

 

He might realise you're serious when a Letter of Claim arrives and then cough up.

 

But it's your call.

[FTMDave]

Well, it's D-Day, 2 January.

 

If he hasn't paid, post up your draft Letter of Claim.

 

Then it can be sent tomorrow.

 

That's of course if you still want to sue him.

 

 

[FTMDave]

Your next call was pointed out weeks ago.

 

3 January - Letter of Claim.

17 January - start county court claim.

 

I suppose that will now have to be -

 

30 January - Letter of Claim.

13 February - start county court claim.

 

And as HB says, gather any evidence that will be useful for the court; a statement from your mate; even better if your mate can take photos; maybe even a purchase by your mate; etc.

[FTMDave]

Superb - well done,.

 

Yes, they will be enough.

 

If you can get a video - even better.

 

I would mention the evidence in the LoC.  He might well give in.

[FTMDave]

A Letter of Claim is just that, a letter, it's no big deal.  The important thing is later to show the court you formally gave the crook a chance to pay before taking court action.

 

Just refer to his agreement to buy jewellery pieces from you and that he has failed to make the second payment of £XXX by £XXX date.  You have witness, photographic and video evidence that he has been selling the pieces so his excuses about them being unfit for sale will be disproved in court.  He has 14 days from the date of your letter to effect full payment otherwise you will immediately start a county court claim which will lead to him paying the full sum plus costs, indeed you intend to ask the court for exemplary costs due to unreasonable behaviour under CPR 27.14(2)(g).

 

You don't even have to put all that in but I think it would be useful to show him he's on a hiding to nothing and it's best he coughs up.

 

 

[FTMDave]

Great work by Kyosanto.  Usual boring post from me - am at work but will come on the thread late this evening.

[FTMDave]

Kyosanto's letter is superb.

 

I would just change the final paragraph to -

 

If you pay the remaining £675 within 14 days of receiving this letter of claim, I will consider the matter closed. Otherwise I will open a small claims court case against you for the full amount + court fees + interest, without any further notice to you, and I will also request the court make an order for exemplary costs under CPR 27.14(2)(g) due to your unreasonable behaviour.

 

You're not entitled to damages or late fees, but you might be entitled to extra costs due to his unreasonable behaviour of telling lie after lie and inventing a fictitious injured customer.

 

If none of the other regulars disagree, get that off tomorrow by 1st class post and be sure to get a free Certificate of Posting from the post office.

 

He will bombard you with calls and texts after receiving it.  Block his number.

[FTMDave]

Good grief, instead of sending the LoC you're back to messaging him and handing him the advantage again.

[FTMDave]

I don't know what part of STOP COMMUNICATING WITH HIM except for sending the LoC you haven't understood.

 

I bet he spends his days laughing at you as the paper tiger you are.  You keep saying you are going to take legal action, but, instead of actually, er, taking legal action, you give him a billion and first chance to comply first.  Ha! Ha! Ha!

 

Still, it's your case, not ours.  If you don't agree with the advice of the forum then just say so, go your own way, and all of us can use our time on something more useful.