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

[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.

[mrk1]

Thanks, and I agree.

 

I just thought, let's say it went to court, and I took it there, and he tried to counter claim.

 

At the end of the day he had 2 hours to inspect the goods, and use his "20 years retail experience" he claims to have made his best judgement, in person, goods in hand..

 

Clearly the goods were of a good enough standard for him to supposedly sell them to supposed customer (as I still think he has made all of this up).

 

But he has sold them on his account of being good enough... The customer then takes them away and brings them back suspiciously broken... (stainless steel does not oxidise at all or in 2 weeks having being bought) and a loop that connects the chain together had been snagged off (supposedly).

Surely this is not my issue... it's him and the customer who have the issue..

 

If I drive a new AUDI out of the show room and crash it 1 hours later, I can't take it back and say 'good not fit for purpose' so what makes him think he can?!

[unclebulgaria67]

Don't agree with the basis of your last comment.  No retailer whatever their experience could know for sure about the quality of the items.   If they had been sterling silver, then they could have carried out tests, but for stainless steel it would be more difficult. 

 

As you appear so confident in your case, then go ahead and send the letter before claim, if payment of the other 50% is not paid within the agreed time.  And then issue the Court claim.  

[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.

 

 

[mrk1]

All very interesting..

I sent a friend in today and he is selling the jewellery now!

What is my next call here?

Shall I invoice him?! Small claims?

 

[honeybee13]

Do you have proof of this that you could show to a court?

 

HB

[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.

[mrk1]

31 minutes ago, honeybee13 said:

Do you have proof of this that you could show to a court?

 

HB

Photographs... Will that be enough?

 

I was thinking go back and video of 'todays' paper and video of the shop with the jewellery.. ?

 

As it stands - his claim of 'not for for sale' or whenever it was are no defunct! Yes? Because he is selling them!

 

[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.

[mrk1]

I won't obviously message this crook now, I will just gather evidence. I will get someone to go in with today's paper and film the paper and the goods on sale.

Sorry to ask but was there a template posted on here for LOC?

 

[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.

 

 

[mrk1]

Thanks. Will send tomorrow. 
so he can’t say “I was forced to sell them because Mr X would not refund me so I had to get money back” 

 

I better make note of said prices also.  

[honeybee13]

I know I keep saying this but please slow down a bit.

 

It would be good to post up your proposed letter of claim so we can double check it before it goes off.

 

HB

[mrk1]

LETTER OF CLAIM. 

For the attention of {insert crooks name here].

I am writing to demand the final payment you owe me of £675 for your purchase of 270 jewellery chains from me. The date of sale was Saturday 5th November 2022. 

We had agreed per the email you sent me from your shop  that the agreed price of £1350 was to be split into 2 payments. Half was paid on 5th November - you paid this via the bank in your shop, the other was due by December 31st 2022. You are over 1 month late in payment. It is now Monday 20th January 2023. 

I understand you had some problems with the chains? We worked on this for quite a while. Whilst I was preparing my letter of claim between January 1st and January 25th, it came to my attention that you had started to sell the jewellery in your store, voiding your claim that these jewellery items were ‘not fit for purpose’. I have dated photographic and video proof of you selling these items as well as a purchase with receipt. So your claims as not being fit for purpose are clearly void as I always suspected. 

This letter of claim is a kind demand for you to pay the remaining £675. I will be so kind to not even add in a late payment fee. 

If this is not paid within 2 weeks of the letter of claim being issued. I will then proceed to small claims court with all of my evidence. To add to this I will also seek the late payment fee, small claims costs as well as possible additional stress induced damages. 

Thank you for your cooperation. 

Signed.

[Kyosanto]

3 hours ago, mrk1 said:

LETTER OF CLAIM. 

For the attention of {insert crooks name here].

I am writing to demand the final payment of £675 for your purchase of 270 jewellery chains.

On the 5th November 2022, you agreed in writing to purchase these for £1350, half of which to be paid on the date; the second half due by December 31st 2022. You have yet not paid the outstanding amount.

You have been claiming that the chains are "not fit for purpose" in an attempt to avoid paying, without providing any supporting evidence. It has also come to my attention that you have now started to sell the jewellery in your store, voiding any such claim. I have dated photographic and video proof of you selling these items as well as a purchase with receipt.

If you pay the remaining £675 within 14 days of receving 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 + late fees + legal fees + possible damages, without any further notice to you.

Thank you for your cooperation. 

Signed.

 

I'd simplify just a bit for form and grammar, and remove the petty digs (I am not a legal professional)

[mrk1]

2 minutes ago, Kyosanto said:

 

I'd simplify just a bit for form and grammar, and remove the petty digs (I am not a legal professional)

The "crooks name" part is just me hiding his name, I will use his ral name on the printd letter.

[Kyosanto]

Yeah, I meant the other digs that I removed. Such as "I will be as kind as to waive the late fee" or "As I suspected"

 

RE: damages for stress, you can wait for someone competent to reply but I'd think that would be very difficult to prove. Do you have a doctors' note to assess that you are suffering from immense stress due pspecifically to this incident?

 

You expected the seller to provide doctor's evidence that your necklaces give people allergies. Surely you should also hold your own claim to such high standards of proof.

 

 

[mrk1]

Ah ok thanks, yes I see you removed them, thanks.

I shall get it printed off and sent asap.

[dx100uk]

Nope courts are not the feelings police, forget stress etc .

 

Dx

[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.

[Manxman in exile]

11 hours ago, mrk1 said:

Ah ok thanks, yes I see you removed them, thanks.

I shall get it printed off and sent asap.

 

So are you now happy to give him your new name etc in your "Letter Before Claim"?

 

I thought you had had to change your name so as to prevent him tracking you down because you were afraid of violence from this "evil" man - or his friends. 

 

Change name by deed poll. - General Consumer Issues - Consumer Action Group

 

Has that been sorted out now?

 

(You do realise you can't send a LBC without identifying yourself?)

Edited January 31, 2023 by Manxman in exile

[stu007]

@Manxman in exile is correct as you changed your name you will have to provide your full new name in any Letter Before Claim and if this is not settled by that action and proceeds to Court you will also have to do the same in Court Documents

[mrk1]

Today I went to the shop with a friend.

He went in and filmed with phone.

The owner was not in. Though I was prepared for that.

The guy had about 100/120 of the chains on display.

 

My friend filmed asking how much the chains are and then I went in 5 minutes later while he was there but we did not let on to knowing each other. He then left.

I asked the girl if the 'boss' was in but he was not.

I told her I made the chains and now have proof that he is now selling them and asked her if she can pass a message to him, I was in. He has 1 week to pay and if not, I will send LOC and then small claims.

 

When I got back, I emailed him and gave him chance to pay before LOC.

 

He then laughably tells me that these are not the chains he bought from me but from some (fictitious) company called F98... Yeah sure. I have pictures and videos of me making them, and all the pictures I sent to you before I called in, and these are not common items, you can't just find them on alibaba...

 

He told me he has no plan to pay and I better just go small claims...

 

Is there a chance here he could actually blag a judge with this tripe?

 

I have emails with pictures I sent him, and pictures from 6 months ago of me making them. And pictures of the finished chains laid out flat from 6/10 months ago.

 

 

 

.

[FTMDave]

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