have a IVA and cant afford to go to court

[4x4]

I have a problem....I owe someone some money.The story is i sold something on ebay..He paid me i spent the money..He turned up to collect and didnt like what he won and asked for his money back..I spent the money so couldnt refund him.I asked him to wait..but he is now going to take me to court if i dont pay him by the end of the week..I have tried to arrange the payment to be made at the end of the month but he wants it now..i can understand he wants the money but i'am skint..How will the county court look on me if it go's to court???n As i already have a IVA and cant afford to go to court
thanks

[Storm]

What amounts are involved ??

[MelanieGiles]

If you are able to pay him the money by the end of the month, he will be unable to get Court action going in this timescale, so I would just pay him as soon as you get the cash. Please don't get yourself in this situation again - it really isn't worth the hassle as I am sure you will agree.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[ray_a]

i agree with Melanie on this one!

It takes about 3 months for the courts to get a hearing and you should be able to pay him off.

I think he is being stupid not giving you some time to sort this out.

I run a business and obviously like to get paid as soon as I have done my side but sometimes people don't have the money and you have to wait a month or so to get paid.

It is not unreasonable.

Regards

Ray

[Storm]

No quite the case Ray - it takes 28 days to get a County Court Judgement.

I am sure 4x4 will agree he was paid in good faith, the goods weren't acceptable for whatever reason and the buyer wants his money back.

The worse case scinario is that 4x4 will incur additional costs ie the court filing fee which can be anywhere from £30

http://www.hmcourts-service.gov.uk/info ... county.htm

[ray_a]

Hi Storm

I agree that it takes about 28 days for an application to be made but a defence can be raised on the grounds that the goods were in good order and the buyer chose to change his mind! Not a great defence but does buy a bit of time.

The second line of defence can be that he can ask the court to pay the debt off over a period of time.

Admitedly that will result in a court judgement but as he is an IVA that will not make much difference!

I hope you can see my argument.

Personally I think 4x4's buyer is being totally unreasonable and should allow at least a month. If this went to court the Judge might not be impressed by the attitude of the plaintiff!

Regards

Ray

[Storm]

Whilst it is irrelavent to 4x4 circumstances I disagree with a couple of your points

The complete process takes 28 days.....from application to summary judgement.

That defence would not only be unlikely to suceed costs would be incured to persue it.

Time to pay isn't a defence but you are quite right he could ask for time to pay and the court would more than likely grant that application.

The court would have no problem with the attitude of the plaintiff - they are within there legal rights.

The issue with selling on ebay is that any monies paid to you in advance are to be held in trust until the transaction is completed. The transaction also falls within the legal realms of distance selling and various consumer protection laws which puts the buyer in a stronger position.

My point tho to be fair was a simple one... even if this 'unreasonable' buyer was to issue proceedings then the maximum 4x4 would have to pay at the end of the month (when they are proposing to pay) would be the sum owed plus any court fee and maybe a bit of statuatory interest and the matter would be finished.

[Rainbow]

On Ebay isnt it the case that you can't change your mind after bidding on something anyway? Unless of course you have totally misrepresented the item? Also Ebay have a policy for disputes you could put it in there it takes months to sort out! By which time you would have paid him back?!

[Adam Davies]

Hi
Rainbow is correct in that the sale is legally binding and ebay do have a dispute mechanism.However the problem here,I guess,is that 4x4 has someone knocking on his door wanting the money back.
I would stick by your guns and pay him at the end of the month.I,m sure that they will not bother with the court summons until then.
Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp

[MelanieGiles]

It is not all caveat emptor on E-bay. Sales of cars, for intstance, are subject to a proper inspection by the prospective purchaser. What sort of item was sold and purchased here?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk