Small Claims Court Help

[quaidp]

Hi there..

I am located in the UK, and having some trouble with a shopkeeper in HK. I have looked at various options and it seems the only one left is the Small Claims Court and Wan Chai. Unfortunately, from what I understand, either I have to be present or need a representative to be present on two occasions.

Has anyone been through the process? Any suggestions on how to proceed? Apologies if this has been posted in the wrong place.

Thanks.

[Crocodile]

Small Claims Court here is the same as available in many countries - low amounts and no lawyers to help you. Yes, you can elect to have a representative there, but it is not as easy as they would have to have a great knowledge of the case as the judge will read through the evidence presented possibly ask questions.

You could try and call the shop owners bluff by filling out all the documentation and faxing it to them, along with all the things that you will present at court and tell them they can settle now, or you will see them in court.

But, of course, they might not even turn up to the hearing (I think it is about one month from the time you lodge the documents). If they have intentionally ripped you off or you don't have sufficient documentation to prove your case, chances are they have already been through this before and know the process alot better than you.

Anyway, that is my two cents.

Good Luck.

[quaidp]

Hi again..

Hmm.. this does not sound too good. I think that they are banking on the fact that no one is going to show up in Hong Kong at a court for HK ~3,500.

[bookblogger]

Unless you make yourself sound crazy and unpredictable...

[Crocodile]

If you have purchased something electronic or something from Nathan Rd (or close in the TST area), then you are going up against someone who would have heard it all before.

Do you have enough evidence for a Judge to rule in your favour? Or is it partly your word against theirs?

You may just have to rack in up in the "experience" column.

[quaidp]

'Crazy and unpredictable' - hmm..that would be close.

Its radio controlled stuff, I have the evidence etc., the guy says I will ship it.. and then doesnt ship it.

[jimbo]

'Crazy and unpredictable' - hmm..that would be close.

Its radio controlled stuff, I have the evidence etc., the guy says I will ship it.. and then doesnt ship it.

How did you pay the guy?

If Credit Card or Paypal then speak to them and see if they can do a chargeback.

[Flat Hunter]

A few years ago the Tourist Board and Consumer Council paid for tourists to return to HK when shops were being taken to court. This involved the Nathan Road shops in particular. Threaten the shop with that?

[quaidp]

Hi guys..

Thanks for all the responses.. I paid with a bank transfer (had ordered before as well). I dont think the tourist board/cc is that generous any more - I checked.

Maybe I should hire someone to show up at the Small Claims court..

[Joshoc]

pay with cards when you don't trust sellers. there's a reason some sellers insist on payment methods where you have no recourse.