How long is too long for delivery?

[Dr Doof]

JABS - Are you getting any further forward with this?

[Chris]

Assuming the supplier is who I think it is then perhaps you should take a leaf out of their book with regards to overdue payments as stated in their Terms of Trading...

"Pending receipt of payments in full without set off or deduction we reserve the right to charge interest on any sums
outstanding after 30 days at 4% over Natwest Bank Plc base rate."

That's one of the things on ribnet that I think can be missleading, any numpty with no trading history can come on here, pay for trade membership and then big themselves up on the forum to the point where people are sending them thousands of pounds to pay for stuff that they may have no intention of sending.

I know its a case of buyer beware but could Ribnet not perform some kind of check before granting "Trade" status to a member and then effectively endorsing them??

[JABS]

Originally Posted by Dr Doof

JABS - Are you getting any further forward with this?

My refund is coming in stages as agreed and on time.

I will post when it is complete.

I think they are trying to do the right thing now.

[Poly]

Originally Posted by Chris

That's one of the things on ribnet that I think can be missleading, any numpty with no trading history can come on here, pay for trade membership and then big themselves up on the forum to the point where people are sending them thousands of pounds to pay for stuff that they may have no intention of sending.
I know its a case of buyer beware but could Ribnet not perform some kind of check before granting "Trade" status to a member and then effectively endorsing them??

I don't think that is a realistic or sensible proposition. The current trade membership sign up process is completely automated you pay online and are instantly upgraded. Any manual moderation of that process is going to slow it down, take time, and presumably involve SocialKnowledge's paid staff so incur extra cost. By not being instant it will put people off.

I'm not sure what checks you are suggesting either, if it is the person you are implying then they seem to have been in business for over 5 years, just how big/established would you need a trade member to be before we accept them? And what about a new business should it not be allowed to promote itself on here? Would established businesses need some form of review each year to make sure they weren't on the slide?

Then of course there will be some "credible" businesses which sneak through the process and still go pete-tong. Who is liable then? If we were "endorsing" businesses we would incur some liability for such transactions and if I were in charge of that I would be wanting to "insure" that risk (bearing in mind we have people selling £100,000 boats on here!) which would mean even greater cost.

How often do complaints appear against trade members? Very rarely in my experience. Like all online transactions, caveat emptor applies, do your own dilligence before handing over large amounts of cash. Beware its easy to have a glossy website and look like a large company when its one guy working from his garage. Consider using a credit card to put some of the "liability" on the card provider.

TO BE CLEAR, TRADE MEMBERSHIP DOES NOT IMPLY ANY ENDORSEMENT BY RIB.NET OR SOCIAL KNOWLEDGE.

[Doug Stormforce]

I assume the trader is a forum member and its someone you cant simply jump in the car and drive too? I assume its someone who has been a member for just over 5 years under two different names and regularly provides us with wrong information and drivel.

If it is who I think it is then you are not alone! While I have not been ripped off by him (and lets be honest you have been ripped off) he did try too. There are several other forum members that have suffered from him though. A number of them PMed me a while back.

If I am wrong then my apologies to the guy I am thinking off, you obviously have a competitor for dishonesty and incompetence.

As far as Jabs problem goes I think you have been incredibly patient. While anyone can make a mistake, this trader has clearly let you down and should be rectifying the problem straight away. Ignoring your emails is totally out of order. My advice would be to go straight to legal action.

You will find a court judgment will put you much higher up his creditor list.

As far as name and shame goes, I don't think its particularly hard to guess who it is.

[Pikey Dave]

Originally Posted by Doug Stormforce

I assume the trader is a forum member and its someone you cant simply jump in the car and drive too? I assume its someone who has been a member for just over 5 years under two different names and regularly provides us with wrong information and drivel.

If it is who I think it is then you are not alone! While I have not been ripped off by him (and lets be honest you have been ripped off) he did try too. There are several other forum members that have suffered from him though. A number of them PMed me a while back.

If I am wrong then my apologies to the guy I am thinking off, you obviously have a competitor for dishonesty and incompetence.

As far as Jabs problem goes I think you have been incredibly patient. While anyone can make a mistake, this trader has clearly let you down and should be rectifying the problem straight away. Ignoring your emails is totally out of order. My advice would be to go straight to legal action.

You will find a court judgment will put you much higher up his creditor list.

As far as name and shame goes, I don't think its particularly hard to guess who it is.

Do UK county court judgments apply in the channel isles?

ee lad, tha can't educate pork

[Erin]

Originally Posted by Pikey Dave

Do UK county court judgments apply in the channel isles?

Nope.

[Doug Stormforce]

Originally Posted by Pikey Dave

Do UK county court judgments apply in the channel isles?

UK County court judgments are not enforceable in Alderney however a judgement would be on his credit record for the next six years. This will cause him problems and even if he has half a brain will be something he will do everything to avoid. (i.e. pay you before judgement)

More importantly though, once the county court has made judgement you can have it transferred to the high court for the purposes of enforcement.

Unfortunately for any smug scumbag trying to hide in the Channel Islands, high court judgments are enforceable over there, plus the extra legal costs that are incurred by transferring the matter up get slapped straight onto his debt, no argument. The case does not have to be heard again, it's simply transferred up for enforcement. As you can imagine, high court costs are some what higher than the county court online system.

The transfer to high court delays the process by 1-2 months, but raises the game and makes it more likely you will be paid back your money.

If possible when using this system go for the individual not the limited company.

If you want to go down this route PM me and i will point you towards the online county court claim system, its cheap, easy and effective and you don't require legal representation until it is transferred up.

I am of course not a lawyer and do not replace the common sense approach of taking professional advice.

[Boats&Outboards]

Originally Posted by Erin

Nope.

Why would they need to be ?

Peter ~ Boatsandoutboards4sale ~ askboatsandoutboards4sale@sky.com ~ 07930 421007

[Erin]

Originally Posted by Boats&Outboards

Why would they need to be ?

Because both the Bailliwick of Guernsey (includes Alderney, Herm and Sark) and the Bailliwick of Jersey are their own jurisdiction. We have our own courts, laws and government. Neither are we part of the EU. An English County Court would have absolutely no powers over here. We are however part of the British Commonwealth and the Queen is our Duke!

[kerny]

Originally Posted by Erin

Because both the Bailliwick of Guernsey (includes Alderney, Herm and Sark) and the Bailliwick of Jersey are their own jurisdiction. We have our own courts, laws and government. Neither are we part of the EU. An English County Court would have absolutely no powers over here. We are however part of the British Commonwealth and the Queen is our Duke!

I guess that's why the child abuse case at the children's home on Jersey was swept under the table.

[Poly]

Originally Posted by Doug Stormforce

If possible when using this system go for the individual not the limited company.

but if your contract is with the company not the person, (if in doubt who was the cheque made out to) then the otherside should have no problem getting such a case dismissed, and therefore you have to pay the court costs and go back and try again for the company

Unfortunately for any smug scumbag trying to hide in the Channel Islands

I hope that is not the case here, and he/the business just happens to be in the CIs rather than hiding there.

If you want to go down this route PM me and i will point you towards the online county court claim system, its cheap, easy and effective a

I know money claim online (https://www.moneyclaim.gov.uk/) were originally only accepting claims when both applicant and defendant had addresses in England. Not sure if that has changed.

I am of course not a lawyer and do not replace the common sense approach of taking professional advice.

jurisdiction issues even in Scottish/English cases can get messy (and would result in the case being dismissed you having to pay the fees etc and then reapply in the correct jurisdiction). It may be much simpler to contact the relevant small claims court in the CI's direct, especially in light of the relevant law clause in the implied other party's T&Cs. However if there is an agreed payment schedule in place and it is being adhered to then hopefully it won't be necessary to go down that road.

[Erin]

Originally Posted by kerny

I guess that's why the child abuse case at the children's home on Jersey was swept under the table.

There may well have been some abuse, but sadly sensationalism and the newspapers got in the way of decorum and it was blown out of proportion. The matter was dealt with locally and I think is ongoing, it is just that the national papers have now lost interest and moved onto their next target.

A bit of animal bone was found at an old childrens home, suddenly there were accusations of buried children, and then of course all the stories came out and everyone wanted compensation.

Back to the case in hand though. The petty debts court in question requires the services of an advocate. The court have to serve a summons (for a fee) and your advocate has to state the case to the court. That does not come cheap.

[Doug Stormforce]

Originally Posted by Polwart

...but if your contract is with the company not the person, (if in doubt who was the cheque made out to) then the otherside should have no problem getting such a case dismissed, and therefore you have to pay the court costs and go back and try again for the company

Hence why I suggested "if possible." There are times when a company director uses a phrase like "I personally guarantee" or such like which means you are then able to go against him rather than his company.

Cant use money claim online as you have identified but does not stop you using UK courts, however as you have said it may be better to use CI courts.

Originally Posted by Polwart

It may be much simpler to contact the relevant small claims court in the CI's direct, especially in light of the relevant law clause in the implied other party's T&Cs.

You prompted me to have a look at his Ts & Cs, but they seem to have been taken down from his website. A bit of google hunting for the quote earlier however found them so its just the link that has been removed.

Most ironic was Point 7

"We will complete our work to the agreed specification and, in the absence of any other contractual term as to quality, to a satisfactory quality".

[mister p]

Do unto them as they have done unto you.

[AMac]

Just name and shame this b------ for the sake of others who may well be conned in the future
I am new to this forum and joined to get good information from the members on all matters of ribbing
Naming this guy would be good information for me as I would not want to be caught out by him

[JABS]

I may be soft and understanding, maybe too soft.

Once we agreed a payment plan they have paid on time every time.

This shows me that they are determined to 'do the right thing'.

Do they deserve to keep their business? I think so, if they learn and change their attitudes and play fair.

I am not the type to pour fuel on an already buying fire.

Give them a chance.

[kerny]

Originally Posted by JABS

I may be soft and understanding, maybe too soft.

Once we agreed a payment plan they have paid on time every time.

This shows me that they are determined to 'do the right thing'.

Do they deserve to keep their business? I think so, if they learn and change their attitudes and play fair.

I am not the type to pour fuel on an already buying fire.

Give them a chance.

Glad your getting your money back, even if it's in instalments

[jambo]

Tony, like Kerny I am glad you are getting your money back. But if he had any backbone at all he would give you a bit extra since he had your money for months!!
Cheers mate
J

[Doug Stormforce]

Jabs

Good to hear you are getting money back now, I suspect this thread has helped you a bit.