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Discussion Starter · #201 ·
If the payment was made with a credit card you would have been protected. Good luck with the other avenues you are pursuing.
Thank you @Wastegate84. I'll definitely not be making the same mistake next time!

Would anyone here be kind enough to suggest a sensible approach if the trader does as he did before and dumps a random low figure into my bank account with no explanation whatsoever?
The claim is currently rising by £0.94 in interest each and every day.

Admittedly this might be one to put to the RAC's 24/7 Legal Team. It's a What If scenario based on my experience of the trader's antics up to now.
 

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Hi Rob, If they do this then just drop them an email stating it is not the required amount, and that court proceedings will still continue ( have you issued summons yet?)
 
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Discussion Starter · #203 · (Edited)
Hi Rob, If they do this then just drop them an email stating it is not the required amount, and that court proceedings will still continue ( have you issued summons yet?)
Thank you kindly, @devonia. Top tips, thank you.

Yep, the claim has been issued and the trader now has a set period in which to respond (or acknowledge the claim and ask for a further two weeks). I couldn't say whether he's actually received notice of the claim yet.

I hope you guys don't mind me asking for advice. You do help to cut to the essence, thereby crystallising matters in my mind.

PS: I'd possibly send a letter by recorded delivery because neither of my two personal email addresses are able to provide a read receipt. But then again, email is much more immediate, and I imagine a reasonable court would accept its technical limitations for the sake of speed.
 

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OK , don't get yourself too tied up in proving every last detail. If you have email correspondence between you and the trader confirming email address was active, then future emails would be assumed to have got there. ( After all even registered post is merely confirmation that "something" has been delivered) . Courts will look at the balance of probability and will side with you that emails have been delivered ( based on the fact that email correspondence had already occured).
Be prepared though, that even if you win your case, they may be reluctant to pay , and a second injunction may be necessary to enforce payment. If you want to pm me, I might ( if my old contact is there, be able to get a risk update on the company) would need trading name and address
 
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Discussion Starter · #206 · (Edited)
OK , don't get yourself too tied up in proving every last detail. If you have email correspondence between you and the trader confirming email address was active, then future emails would be assumed to have got there. ( After all even registered post is merely confirmation that "something" has been delivered) . Courts will look at the balance of probability and will side with you that emails have been delivered ( based on the fact that email correspondence had already occured).
Be prepared though, that even if you win your case, they may be reluctant to pay , and a second injunction may be necessary to enforce payment. If you want to pm me, I might ( if my old contact is there, be able to get a risk update on the company) would need trading name and address
Thank you kindly, @devonia. You’re right of course; I’m getting a bit bogged down with technicalities. I’ve started to turn the screw on the trader, so for now I’ll be patient.

Since the trader is newly-incorporated and hasn’t filed any accounts with Companies House yet, it’s a bit of a challenge to determine his credit-worthiness. Anyway, I’ll cross that bridge when I come to it.

Thank you again for your encouragement, all. Much appreciated!
 

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As you are getting nearer to court time, don't be surprised if you get a spurious counterclaim. Very often these are more than your claim, and are purely designed to put you off continuing, so, again, note them , be prepared to answer, and continue.
Most likely scenarios are though that they either pay before the case, or, if they go to court, still don't pay and follow up is required. They will have 14 days after court to pay, so a bit of homework on the next steps may be advantageous
 

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I agree with Devonia. They will most likely ignore the Court Summons and say they never received it. Tough, for them as the courts usually find in favour of the person owed money. Then next step Bailiffs on a Crown Court writ.
 

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Discussion Starter · #209 ·
I agree with Devonia. They will most likely ignore the Court Summons and say they never received it. Tough, for them as the courts usually find in favour of the person owed money. Then next step Bailiffs on a Crown Court writ.
Time will tell, gentlemen. I'm grateful for the pointers, as ever. Hope you're all well?

The trader hasn't responded yet, but I think I'm reasonably well prepared for a range of scenarios, in or out of court. Thank you again, @devonia and @Fighterpilot.

The clock is ticking!
 
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