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ged

Bushcrafter (boy, I've got a lot to say!)
Jul 16, 2009
4,980
14
In the woods if possible.
I sold [ID removed] a GB wildlife axe. No money, No Pm's. I warned him and warned him. What happens in a situation like this would it be classed as theft by the police.

No, it would not be classed as theft. It is a civil issue.

He simply (and, sorry, allegedly) hasn't paid, just like if you don't pay your electricity bill, and at this stage it's your word against his.

Small Claims in the County Court is pretty straightforward and is more or less your only (legal) recourse in a case like this.

You can go to the County Court to ask a Judge for an order that he pays up. You need to give the other party reasonable written notice (e.g. seven days) that if he doesn't pay then you will go to the Courts. You will need to give the Court satisfactory evidence that

1. you gave reasonable notice of Court action
2. there was a contract agreed for the sale of the axe
3. the terms of the contract were as you claim
4, you upheld your part of the contract
5. he didn't.

Your sworn testimony will do for most of that, but anything that you can give in writing such as copies of Web pages, private messages, proof of posting and copies of letters will help a lot. In most cases you will be thrown out of the Court if you can't provide evidence which would normally be expected, such as a copy of a seven day letter to the other party. Be prepared to write it all out in excruciating detail.

I've done this a lot in the past quarter of a century when customers haven't paid me.

If you like you could write out your claim here and everyone can see how it's done.. :)

This is not legal advice.
 
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Gavmar

Life Member
Jan 24, 2010
413
0
Dagenham Essex
I have found out he is 14. I'll write to his parents, he's gonna end up getting himself into a lot of trouble. if you read this wise up.:nono:
 

kawasemi

Full Member
May 27, 2009
1,687
66
Where the path takes me
I think BB'S feedback system is a good one, I have had 2 not so wonderful deals recently one on here where I gave a decent member some knife handle scales in return I would get some Rat pack deserts, they never turned up. I bought a knife on BB a few weeks ago the seller wanted cash only and had no feedback points, I told him I would give him cash but he had to send the knife first (I have a reasonably high feedback score) he declined and reluctantly took payment via paypal, when the knife arrived it was in good condition but the handle scales were coming away from the tang, not a problem for me to fix but I sent him a PM saying he should have mentioned it but he has not been on BB since I paid! what a turd!!!!!

I'm sorry to hear that Rob...it sounds like the knife I pipped you too and then turned down as he asked me for cash as well and I said no (the Bison one-off?). Scales would have been a problem for me to fix for sure.

kawasemi
 

DaveBromley

Full Member
May 17, 2010
2,502
0
40
Manchester, England
Is there a way that we can prove your age or it all just on your honour? may sound daft but some people have more honour than others lol. Where does the forum stand from a legal standpoint? is the fact that he said he was 18+ enough that we are not liable and the owness now falls on him for making a false claim about his age?

Not trying to make problems I just want to know as i'm thinking of selling a few sharps so wondering where i would stand?

Thanks Dave
 

Shewie

Mod
Mod
Dec 15, 2005
24,259
24
48
Yorkshire
Is there a way that we can prove your age or it all just on your honour? may sound daft but some people have more honour than others lol. Where does the forum stand from a legal standpoint? is the fact that he said he was 18+ enough that we are not liable and the owness now falls on him for making a false claim about his age?

Not trying to make problems I just want to know as i'm thinking of selling a few sharps so wondering where i would stand?

Thanks Dave

I think as long as you state "Over 18's only" on the post then that should put you in the clear.
 

Lurch

Native
Aug 9, 2004
1,879
8
52
Cumberland
www.lakelandbushcraft.co.uk
I'm not at all sure that is enough old bean.
Certainly for a retailer it isn't enough to say 'Over 18s only', though the law might be more lenient on an occasional seller on a forum - though I wouldn't count on it.

(4) It shall be a defence for a person charged with an offence under subsection (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

I'm not sure a disclaimer qualifies as due diligence.
 

Shewie

Mod
Mod
Dec 15, 2005
24,259
24
48
Yorkshire
I'm not at all sure that is enough old bean.
Certainly for a retailer it isn't enough to say 'Over 18s only', though the law might be more lenient on an occasional seller on a forum - though I wouldn't count on it.



I'm not sure a disclaimer qualifies as due diligence.

How do you retailers get round it Mark ? It must be pretty complicated for online and telephone orders
 

Shewie

Mod
Mod
Dec 15, 2005
24,259
24
48
Yorkshire
Can under 18s set up a paypal acount? If not them maybe only accepting paypal payments for sharps would be the way ahead, Not sure about swaps is that still going to be an iffy situation?

I think you do need to be 18 now Donnie, it didn't used to be like that though, when I signed up in '04 there wasn't any age restrictions.
 

DV...

Tenderfoot
Jul 28, 2010
51
0
East of England
If your offering sharps for a swop get the other party to send you 10p as a gift via paypal as confirmation of his/her age, you could then send it back...

Just an idea :)
 
If your offering sharps for a swop get the other party to send you 10p as a gift via paypal as confirmation of his/her age, you could then send it back...

Just an idea :)

Paypal won't take responsabily for age closes I found in their rules was saying sellers of alcoholic drinks need to independently verify the recipient was legally old enough

Jean turner has a hard copy form that requires filling in and posting to her as a declaration apparently approved by the local trading Standards
.



ATB
Duncan
from tapatalk phone
 

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