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Trusting people is often the wrong move! I gave a girl my leopard geckos, and she was definitely going to pay me at the end of the week. That was many many months ago ... never heard from her again! Such is life, sometimes.
I hope you manage to get your money back brit.
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Dont forget that as she lives in Scotland you will have to go through the Scottish Courts and their debt recovery procedures are slightly different to in England and Wales, so be sure to check out their pre action protocal etc prior to issuing any claims.
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small claims in Scotland:
Small claims in the sheriff court |
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You need to be a little careful here - You're owed money by a Scot who technically resides in another jurisdiction. This means that you will have to sue him in the Sheriff's Court in Scotland rather than the County Court here in England. This is because in private international law the defendant has the right to be sued in his own jurisdiction - in other words don't bother with the Small Claims Court. Your other problem is that if this is a private sale the the Doctrine of Caveat Emptor - buyer beware may apply. I would suggest at 1st instance using a debt collector on a 'no win, no fee basis' and then if need be go legal.
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I've been going through the (English, not Scots) Small Claims track recently to reclaim money for some photography work I did but didn't get paid for.
Original bill was for only £70, with the addition of court/bailiff fees it has gone up to £130 now! I wouldn't have chased it so hard if they had talked to me about it - we could have worked something out, but when their only response to me was on an open forum suggesting that I might learn a lesson in business, that forced my hand into court action. Go for it. If you have emails/pms stored about the transaction you should be fine. Critically you need the one saying the person agrees to the price for your 'goods'.
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www.dafoot.co.uk FrozenBanana, my pics-Now includes couple of the Sheffield(UK) flooding. Flickr |
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so sorry to hear about that
but do not lose faith a member of the forum dropped an iguana off for me today and i had paid only 30 (deposit) of 200 pounds for him my partner and i have got his account details and are off to pop it in tomorrow due to banks being closed and my sodding train having delays rest assured not everyone is like that but i really hope everything works out for you
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Iguana, 3 Beardies, 5 Leos, 2 Hairless Rats, 4 Hairy Rats, 3 Mice, 2 Syrian Hamsters, 2 Russian Hamsters, 2 Lovebirds, 1 Cockatiel, Tonnes of Koi, Fox Terrier, Moggy Kitten, 4 GALs, and a Graham! <3
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The small claims track is unfortunately more or less totally useless. It's relatively easy to get a CCJ vs a debtor but it another matter enforcing it. Only 1 in 5 small claim track judgements are ever sucessfully recovered. I suppose you have some satisfaction in knowing the debtors credit rating has been damaged.
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brit i remember you told me this last summer!!!!
has it been going on all that time with her... i cant believe she still owes you money.. thats really bad.. if i remember rightly it was for a male crestie you gave her.. i know exactly who she is.. i havent seen her on this forum or msn for months and months now.. i really hope you get the cash back and the situation resolved!!!! PS .. have packaged your things to send xxxx
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7.7.2 Crested geckos + 2 eggs 1.0 Bearded Dragon 0.1 Water Dragon 1.0 Irian jaya cross jungle 0.1 Royal Python 1.0 Great Plains Rat 1.0 Hypo het lavender stripe 1.2 Kitty kats Life is either a daring adventure or nothing. Security is mostly a superstition. It does not exist in nature. .... Helen Keller |
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