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Small claims £30

(19 Posts)
smokin44 Thu 02-Nov-17 23:00:00

I bought a rabbit 6 weeks ago for £30 but returned it 2 days later because it was unwell/hurt. The breeder said they would refund me but have come up with several excuses/reasons why she can’t do this including not having the money until the rabbit (which she says is now well) sells again. I think she is hoping I just go away but I feel we are owed this money. We have communicated mostly via texts so I have proof that she said she would refund etc. Her selling page seems to say that she only has one left to sell so I text asking again for a refund but have had no reply. Unfortunately I don’t know the sellers full name but know the address.

Do I have much chance of getting this money back through the small claims court?

stiffstink Thu 02-Nov-17 23:02:48

You'll be hopping mad to hear this but it will cost you at least £25 to start a money claim online.

smokin44 Thu 02-Nov-17 23:04:22

Yes I expect costs but if I have a good chance of winning I’d hope to reclaim costs.

PickAChew Thu 02-Nov-17 23:05:03

Glad I read on because I initially thought you were posting about a faulty vibrator.

BrioAmio Thu 02-Nov-17 23:06:25

If you don’t know their name you don’t know the legal entity you are trying to recover the debt from. I’m assuming if you don’t know who you bought it from you also subsequently have no proof such as an invoice or a receipt?

SomedayMyPrinceWillCome Thu 02-Nov-17 23:10:54

Can you claim costs in a small claims court? I admit I thought not but could very well be wrong.
In all likelihood the threat of legal action will probably make her cough up the money

smokin44 Thu 02-Nov-17 23:13:21

It was a breeder who was selling through a pet selling site. I have phones numbers and the address she breeds from. I have texts from the seller discussing cost and saying she will refund me. Maybe there’s a way of finding out her last name?

Bumblesbees Thu 02-Nov-17 23:13:59

You can’t claim costs for small claims. So you will spend £30 to get it listed and have to take a day off work to deal with it. Similarly it will cost you £30 to get a solicitors letter. Just write to them giving them 7 days to pay or you’ll be seeking legal advice (even though you won’t)

smokin44 Thu 02-Nov-17 23:18:08

I have sent a text saying we have given reasonable time for the refund now and would like our refund paid by 9th Nov or we will be taking the matter to the small claims court. The message says read but I’ve got no reply. I was hoping it would kick her into action, there’s still time I suppose but if I got a text like that I’d want to resolve it sooner rather than later.

prh47bridge Fri 03-Nov-17 00:06:26

You can’t claim costs for small claims

There is a misunderstanding here. You can claim your court fees. So if you win you will get back your £30 plus whatever you have had to spend to recover it. The only thing you can't claim is anything you spend on lawyers.

You need to send a letter before action, giving a deadline for returning your money and saying that you will take legal action (NOT legal advice) if you don't receive your money by then. Once the deadline has passed you can file your claim. You will need her name and address.

smokin44 Fri 03-Nov-17 00:13:45

I think I have her name but can’t be 100% sure. Is there a way of checking against the address?

LadyB49 Fri 03-Nov-17 00:19:29

You could try checking the electoral register to confirm name and address.

fucksakefay Fri 03-Nov-17 00:22:37

I'd fill in the small claims form and send her a copy (print off if it's online) and say pay in 7 days or this form is ready to submit to the court
It shows you are a bit more likely to do it than a letter saying I'll take legal action

smokin44 Fri 03-Nov-17 08:31:12

The breeder has text back offering half the money back because of the vets fees and complained I text after 10pm!

smokin44 Fri 03-Nov-17 08:34:42

It was actually 10.11pm and the first time I’d sat down all day. Am I unreasonable to think that she didn’t have to read it when I sent it, I certainly didn’t expect an instant reply though she has done so on previous occasions (after 10pm).

HotelEuphoria Fri 03-Nov-17 08:34:49

The vets fees that were her fault? Can't you just go round with someone very tall and big and ask for it?

Nancy91 Fri 03-Nov-17 08:35:28

Didn't you post this thread a while back? I wouldn't bother personally but I might threaten legal action to try and get her to pay. Sometimes it's just not worth the fuss.

smokin44 Fri 03-Nov-17 09:10:29

I think it’s worth pursuing because it was my sons birthday money and it sends him the wrong message. It is a form of stealing. Any suggestions to how I should reply?

prh47bridge Fri 03-Nov-17 09:45:27

Reply with a letter before action. I wouldn't follow fucksafefay's suggestion. Simply state that you returned the rabbit because it was unwell and/or hurt at the time you bought it, you returned the rabbit and you therefore want your money returned in full. Set a deadline for her to pay and state that you will take legal action if she doesn't pay by that date.

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