Small claims question......

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DJ Dudley

Well-known member
Can’t get through on the phone, so does anyone know best way to proceed....

Our company sold an item to a customer who 6 month after purchase has made a chargeback saying faulty (had not returned under warranty as stated in our terms). Card company has taken funds and settled...

We have contacted the buyer advising we would start legal proceedings to recover costs etc but he has now started a claim before we have for the purchase amount!!

I was about to respond but not sure if to select “disagree with full claim” or “disagree with claim and make counter claim”

I feel that I should get his claim closed down first as he has had a refund in full via chargeback and then start a claim against him? I worry that choosing a counter claim could be a he says you owe him the same as you say he owes you type thing so cancels out......
 
I've never defended, only claimed, ,but I would imagine counter, as they owe you.

Presumably they have claimed from you - hence them filing. You defend that on the basis that theyve been refunded by chargeback.

Your counter claim is to get what you're owed.

Makes sense to me. 😄
 
Just found it does say on the website that if someone has started a claim against you but they owe you money then you need to counter claim, so yes this does look the case....... it just seems bizarre that he has had his money back but started a claim saying he wants his money back 🤔........ I get a feeling he knows how this all works and is hoping that I will back down 😏
 
DJ Dudley said:
Just found it does say on the website that if someone has started a claim against you but they owe you money then you need to counter claim, so yes this does look the case....... it just seems bizarre that he has had his money back but started a claim saying he wants his money back 🤔........ I get a feeling he knows how this all works and is hoping that I will back down 😏
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Don't, if you know you're in the right you'll win. Make sure you open yourself up to arbitration. It's free via the court process.
 
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