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  #21  
Old 27.01.2015, 15:58
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Re: Using the Betreibung [debt collection] process from the UK

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"The Pursuer listed sports tickets for sale on the Defender's website, with the Defender promising the Pursuer the amount of £xxxx.xx if the tickets were successfully sold and then fulfilled in line with the Defender's terms and conditions.

The tickets were sold and fulfilled in line with the Defender's terms and conditions, however the Defender has only paid the Pursuer £xxx.xx of the amount promised. Therefore the total sums due by the Defender to the Pursuers totals £xxxx.xx, which is the sum sued for.

As the item was fulfilled from the Pursuers home in xxxxx, xxxxx Sheriff Court has jurisdiction.

The Defender has been called upon to make payment of the sum due to the Pursuer but refuses or delays to do so. This action is accordingly necessary."
Personally, I think it looks odd when you try to use legalese on these forms. It looks like you're trying to make a weak case look stronger by tarting it up.

I also wouldn't bother with the bit about jurisdiction unless you know it to be true.

Why not just say:

"On XX/XX/XXXX I offered tickets for sale on the www.viagogo.com website. The amount due to me from Viagogo was £xxxx.xx if the tickets were successfully sold and then fulfilled (ie delivered) in accordance with the their terms and conditions.

The tickets were duly sold and fulfilled in accordance with Viagogo's terms and conditions. This has not been disputed by Viagogo. However, they have only paid me £XXX.XX, so they still owe me £XXX.XX.

I have written to Viagogo on XX/XX/XXXX, on XX/XX/XXXX and XX/XX/XXXX, asking for payment, but they have still not paid."

If there's more to the story (ie if Viagogo have actually disputed the debt), then you probably need to address this point too. In the English small claims system it makes quite a difference whether the debt is disputed or not, IIRC.

This is not legal advice, by the way, in case you were wondering...
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  #22  
Old 27.01.2015, 16:55
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Re: Using the Betreibung [debt collection] process from the UK

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Personally, I think it looks odd when you try to use legalese on these forms. It looks like you're trying to make a weak case look stronger by tarting it up.


If there's more to the story (ie if Viagogo have actually disputed the debt), then you probably need to address this point too. In the English small claims system it makes quite a difference whether the debt is disputed or not, IIRC.
Thanks again Jern, I agree with your advice and have amended accordingly. I've also added in the £6.47 I spent sending a letter to them as I am sure they had no intention of replying to it.

As to whether Viagogo have disputed the debt, they did send out an email giving their rational for the 60% deduction prior to making payment. This was flawed and ambiguous so I wrote to them before payment was made saying that their explanation didn't fit with their own terms and conditions and that I would accept nothing less than full payment. They proceeded with the 40% payment anyway so I wrote to them again, quoting their terms and conditions, and insisting on full payment. The only response they have given is to tell me to write to their Swiss address, which I did a month and a half ago but have had no reply.

As a kind of side thing, it has emerged that their 60%-40% was calculated by taking 60% of the sale price plus their own commission from the seller and then giving the buyer back 60% of the price they paid for the ticket only. Another example of what they are like!

Incidentally, how do you thank people on this forum so that it shows up next to their details? Is there some kind of button I press? If so, where is it?
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Old 27.01.2015, 17:20
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Re: Using the Betreibung [debt collection] process from the UK

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Thanks again Jern, I agree with your advice and have amended accordingly. I've also added in the £6.47 I spent sending a letter to them as I am sure they had no intention of replying to it.

As to whether Viagogo have disputed the debt, they did send out an email giving their rational for the 60% deduction prior to making payment. This was flawed and ambiguous so I wrote to them before payment was made saying that their explanation didn't fit with their own terms and conditions and that I would accept nothing less than full payment. They proceeded with the 40% payment anyway so I wrote to them again, quoting their terms and conditions, and insisting on full payment. The only response they have given is to tell me to write to their Swiss address, which I did a month and a half ago but have had no reply.

As a kind of side thing, it has emerged that their 60%-40% was calculated by taking 60% of the sale price plus their own commission from the seller and then giving the buyer back 60% of the price they paid for the ticket only. Another example of what they are like!

Incidentally, how do you thank people on this forum so that it shows up next to their details? Is there some kind of button I press? If so, where is it?
Good luck. Let us know how you get on.

There is a thank you button which magically appears as soon as you have made a certain number (10?) of posts.
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Old 27.01.2015, 17:29
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Re: Using the Betreibung [debt collection] process from the UK

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Good luck. Let us know how you get on.

There is a thank you button which magically appears as soon as you have made a certain number (10?) of posts.
Thanks Jern, I certainly will and I think I owe you and a couple of others a pint! This is also my 10th post so we'll see what happens!
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Old 17.04.2015, 13:14
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Re: Using the Betreibung [debt collection] process from the UK

I know it’s been a while but to update everyone who kindly helped me with this, I have now resolved matters and the amount due has been paid to me in full!
I went ahead with the small claim in the UK (Scotland) and, the day before the deadline for lodging a defence, Viagogo called me to say they had reviewed my complaint and were willing to pay me in full. The funds arrived today J Great news for me as even attending the court was going to be difficult, let alone having a positive decision ratified by a Swiss court and then enforcing the order etc etc (not that I wouldn’t’ have followed it through if need be)
Thanks to Anjela, Sbrinz, Jogpsa and special thanks to Jern. It’s great when people are willing to take time out and give advice like this and it was invaluable in helping me deal with this. Keep up the good work guys!
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  #26  
Old 17.04.2015, 14:43
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Re: Using the Betreibung [debt collection] process from the UK

Now, about that pint...
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Old 17.04.2015, 15:23
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Re: Using the Betreibung [debt collection] process from the UK

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Now, about that pint...
Did Viagogo not get you that? They told me they would
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Old 17.04.2015, 17:34
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Re: Using the Betreibung [debt collection] process from the UK

Wonderful news - and thanks for updating us all.( It is so frustrating when you never know the outcome of a situation posted on the forum!!)
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