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Disputing A County Court Claim

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  • #16
    Re: Disputing A County Court Claim

    I have tried facebook but not found her, she did however state that she would smear my name all over social media on a voicemail, i didn't ask her to show me the damage as she texted me a few photos of the burst tube, i did advise that if the tubes were burst during inflation then a repair kit was available but she rejected this straight away

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    • #17
      Re: Disputing A County Court Claim

      Originally posted by Amethyst View Post
      Ahhh I took my FB idea down and Pm'd it.... was just a suspicious mind of mine idea.... I'm getting cynical in my old age.

      It would be a bit odd to ask for a refund and refuse to return the goods wouldn't it? - anytime I have claimed something is broken etc after purchase I have returned it for them to see before I've expected any refund, I've been quite suprised a couple times with Amazon just accepting my word for it and saying no need to return - but thats B2C not C2C. But I can't see that's admitting any fault is it ?
      That's what i thought, at no point has she asked to return the goods for a refund, she just wants the £400, i did ring a few tent spares places to see if it can be repaired and i found out that it could, that's one of the reasons i bought it in the first place as Go Outdoors use it in their sales pitch that all inflation tubes are replaceable and are better that traditional fibreglass poles, she said it was beyond repair for some reason

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      • #18
        Re: Disputing A County Court Claim

        But it doesn't matter if it is repairable or not, or how much it would cost, or if she is returning it.
        Your defence is "caveat emptor"
        It was a private sale.
        The purchaser had the opportunity to examine the goods before purchase.
        She declined that opportunity at her own risk.
        the tent belongs to her, not tolson.
        To get involved in discussions about the damage and its extent and cost is to set red herrings which will divert from the main argument.

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        • #19
          Re: Disputing A County Court Claim

          I agree with you Des, I was simply thinking that it shows her unreasonableness - but that isn't part of the defence as it is not necessary, more part of a later witness statement. The main defence should rightly be that she purchased the tent in a private sale, no guarantees were given and she had the opportunity to inspect the tent before purchase, which she declined.
          Common Sense .... if in doubt, use it !

          “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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          • #20
            Re: Disputing A County Court Claim

            Do you have a copy of your ad on ebay so the exact wording of your 'offer' can be analysed? This might shed some light on her legal expectations. How did you describe the tent such as pre-owned, only used once, simple to inflate, no extras (e.g pump) needed, excellent conditon etc etc.

            When you buy privately the requirement under the Consumer Rights Act for goods to be of 'satisfactory quality and fit for purpose' doesn't apply. But they should be 'as described'.

            If the the goods (i.e. the tent) weren't as described then she could argue breach of contract. Fortunately for you she appears not to have taken legal advice since she's not pleaded breach of contract in those POC.

            So how did you describe the tent?

            In the POC she says she purchased the tent "and sundry items". What were those sundry items and were they included in the £750 i.e. that sum wasn't just to cover the cost of the tent hence the reason she's claiming a lessor sum?

            Were any of the sundry items related/relevant to the tent and the way it functions?

            I don't know whether it's true or not that as a direct result of the tent malfunction they had to sleep in the car but if a lawyer were advising her they might have suggested a claim for damages for the loss of a ruined family holiday on top of a refund for the tent..

            However from what you say it may have been a case of 'pilot error' (using the wrong kind of pump) although that's only your "suspicion" since you weren't there to witness it.

            From what I've read so far this is a case which can hopefully be settled at Mediation (a free telephone service offered by the court). So far there seems to be a lack of tangible evidence on either side - it's a case of 'he said she said'.

            During Mediation you can ask for all sorts of things to be agreed not just a settlement of the financial issue. You could ask that she gives an undertaking to remove all negative feedback about you on ebay/social media especially if you use ebay a lot so your reputation matters.

            Mediation is legally binding but not a CCJ.

            Just my thoughts

            Di
            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

            This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


            Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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            • #21
              Re: Disputing A County Court Claim

              Originally posted by Diana M View Post
              Do you have a copy of your ad on ebay so the exact wording of your 'offer' can be analysed? This might shed some light on her legal expectations. How did you describe the tent such as pre-owned, only used once, simple to inflate, no extras (e.g pump) needed, excellent conditon etc etc.

              When you buy privately the requirement under the Consumer Rights Act for goods to be of 'satisfactory quality and fit for purpose' doesn't apply. But they should be 'as described'.

              If the the goods (i.e. the tent) weren't as described then she could argue breach of contract. Fortunately for you she appears not to have taken legal advice since she's not pleaded breach of contract in those POC.

              So how did you describe the tent?

              In the POC she says she purchased the tent "and sundry items". What were those sundry items and were they included in the £750 i.e. that sum wasn't just to cover the cost of the tent hence the reason she's claiming a lessor sum?

              Were any of the sundry items related/relevant to the tent and the way it functions?

              I don't know whether it's true or not that as a direct result of the tent malfunction they had to sleep in the car but if a lawyer were advising her they might have suggested a claim for damages for the loss of a ruined family holiday on top of a refund for the tent..

              However from what you say it may have been a case of 'pilot error' (using the wrong kind of pump) although that's only your "suspicion" since you weren't there to witness it.

              From what I've read so far this is a case which can hopefully be settled at Mediation (a free telephone service offered by the court). So far there seems to be a lack of tangible evidence on either side - it's a case of 'he said she said'.

              During Mediation you can ask for all sorts of things to be agreed not just a settlement of the financial issue. You could ask that she gives an undertaking to remove all negative feedback about you on ebay/social media especially if you use ebay a lot so your reputation matters.

              Mediation is legally binding but not a CCJ.

              Just my thoughts

              Di
              Hi,
              I have taken a look on my ebay but its disappeared off my sold items due to the time scale, i basically said it was in perfect condition and only used 3 times since new and came as a full camping set up, the sundry items included things like tables, air beds, chairs, cooking items etc, she got around £1500 worth of goods when they were new, i listed it all for £950 and took a best offer of £750, the only evidence i have is that one of the close up pictures she sent me of the burst inflation valve had a bundle of mixed inflation valves in the background, this is something seen on a universal pump which can be used to inflate air beds and inflatable balls etc thats what made me think that another pump had been used
              Thanks

              Comment


              • #22
                Re: Disputing A County Court Claim

                So you have reasonable evidence that the wrong pump had been used, contrary to your advice and the instructions on the tent.

                Comment


                • #23
                  Re: Disputing A County Court Claim

                  Yes it certainly looks like another pump in the background of the picture, i'm pretty sure the proper tent pump has only one nozzle attached to it and not a mixture for use on other inflatable items

                  Comment


                  • #24
                    Re: Disputing A County Court Claim

                    Ok so i now have the questionnaire from the court asking if i want to use the mediation service, i do feel strongly about defending my case so is it a good idea to use the service or just go straight to the hearing? that's if the claimant agrees too of course

                    Comment


                    • #25
                      Re: Disputing A County Court Claim

                      Agree to mediation as you must appear to be reasonable.

                      The mediation is carried out via telephone through the mediator.
                      You will not speak directly to the other party.

                      Just to be pragmatic it could be worthwhile offering a little just to avoid the hassle of going to court.
                      Set yourself a figure below which you won't go, stick to it and see what happens.

                      Comment


                      • #26
                        Re: Disputing A County Court Claim

                        Thank you, I did get the impression from the court papers that this is the way they prefer things to progress so I'll give that a go although it will go through me to give her any money back to be honest

                        Comment

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