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Small claims court - seller won't tell me her address

(17 Posts)
Masketti Thu 08-Sep-16 13:03:24

I bought something off a Facebook seller. It's terrible quality and I want to return it. He refuses to tell me his address for me to send it back and won't refund.

I contacted Trading Standards who said to issue him a template letter, but I can't because he won't tell me his address!

I want to go through the small claims court but how can I do that without his address? It's worth under £300 but more than £100.

Thanks for any advice.

Tiggeryoubastard Thu 08-Sep-16 13:05:23

Open a dispute on eBay.

Collaborate Thu 08-Sep-16 13:28:27

Tigger Ebay is not Facebook.

You can get leave to serve the court papers on them via facebook messenger provided they haven't blocked you by then.

Google "tracing service" and you can choose from one of them to track down the seller.

Balletgirlmum Thu 08-Sep-16 13:30:21

You can send it by email if you have an email address

SirChenjin Thu 08-Sep-16 13:30:27

Is he registered with companies house at all, or just a private seller?

Masketti Thu 08-Sep-16 13:32:28

It's direct to seller via PayPal. PayPal have washed their hands due to their t&cs which this is excluded from.

He's blocked me from his selling page but not on Messenger it seems.

How might I get leave to serve that way please?

Masketti Thu 08-Sep-16 13:32:51

Private seller small company.

Masketti Thu 08-Sep-16 13:33:47

I do have an email address. Can I send that way as it's not clear from the Money Online website? Many thanks.

Masketti Thu 08-Sep-16 13:35:33

Looks like a tracing service would cost £23. Can I add that to the debt I'm claiming for please?

Balletgirlmum Thu 08-Sep-16 13:50:19

You need to send a letter before claim setting out what you claim you are owed & detailing what evidence you are going to use. This can be emailed as an attachment.

You need to do this before you fill in the money claim online forms & give them 14 days to respond.

You absolutely can add reasonable costs to the claim.

RaptorInaPorkPieHat Thu 08-Sep-16 13:59:18

Have you checked to see if he's on the electoral roll? done a quick google of his name/town?

Tiggeryoubastard Thu 08-Sep-16 17:01:46

Oh bugger. Sorry, I read it as Ebay. Sorry. blush

Tiggeryoubastard Thu 08-Sep-16 17:02:39

Open a new fbook profile and post on his page? Do it repeatedly.

FreckledLeopard Thu 08-Sep-16 17:10:09

Can you check via 192.com or similar? It may be cheaper than instructing a tracing agent.

Masketti Thu 08-Sep-16 19:11:04

Not on electoral roll. No definitive answer from 192.com. He's a really tricky bastard and it's all so very clear when there's an issue he hides behind the Internet. The FB page has no reviews, any negative comments get deleted straight away. It's all so slick. I will definitely do my homework before I buy from a FB seller again.

I didn't realise I could send a letter before action via email. I will compose and send as soon as I can. Trading Standards advised used their template letters so I'll take a look there.

He's had all the evidence before in video and photos of how not working the product is. Can always send through again to prove it's the same evidence I've been banging on about for months. He didn't respond for a while and when I recontacted saying I still want a refund he said the issue must be down to wear and tear as I'd had it a few months! Despite the fact the photos and video are dated 3 days after I took delivery!

I may have done that Tigger but then again maybe I didn't

LurkingHusband Fri 09-Sep-16 11:26:03

IANAL but you can serve Facebook with an order

en.wikipedia.org/wiki/Norwich_Pharmacal_Order

Although anecdotal reports suggest that Facebook are very good at pretending they are above UK law ...

Masketti Fri 09-Sep-16 22:10:50

That's a big bit time for me although CAB did explain how to make a request to paypal of that ilk. I'll email the letter with evidence in the first instance.

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