small claims action

[jspepper]

Hello all, would appreciate help with the following.

I bought a Halogen cooker for £35, it has an electrical fault and glass which falls from the lid, (cuts to hands and glass falling in the bowl) I still have the item.

Had a letter sent to me demanding approx. £3700 which i ignored as it was very badly written (thought it was a joke to be honest).

Court documents then sent to me (a few days ago). Checked and the are genuine, via Gov. website.

The court letter / document reads (verbatim)

Defendant purchased an item from claimants on 20th November 2020. Item was delivered on the 23rd December 2020. On the same day, Defendant opened a return stating that the performance or quality of the product was not adequate Under such a request it is for the defendant to cover the cost of any return. Defendant objected to this payment and then claimed an electrical fault and stated glass was coming off when washing. The defendant was asked for evidence in view of the change of mind but refused to supply any further details. On the 29th January the Defendant decided to leave defamatory comments on public view. As a direct result of the vicious comment, the platform removed the item from sale on 30th December 2020. The claimant explained to the Defendant what damage the unnecessary comments had caused and asked for the removal and warmed the Defendant of the consequences, the defendant
i will provide the defendant with separate detailed particulars within 14 days after service of the claim form.

I don't know if any of the following is relevant, my name has been misspent on the court document, the above date 23.12.20 (my property was empty from 12 to 28 12.20. I did send x2 emails to Amazon to show them the problem as the seller proved difficult to say the least, (Amazon advised me to block his emails). Amazon informed me they only close sellers accounts for fraud or abuse to customer.

The seller must have complained to Amazon about my review (do not believe my name was on the review) as it was removed by Amazon within 24 hrs of posting.


No idea what to do or what to write to defend myself / this, someone told me to write nothing on the form as this will be considered as my whole defense.

If anyone is kind enough to help me please can you put it in basic / simple terms, I'm not daft, I have PTSD and a couple of other conditions which make simple tasks more difficult / take longer.

[des8]

Reading between the lines I think they are trying to sue you for defamation.
They are way off but tagging EXC for you, as he is resident expert!

[EXC]

Hiya

Well the first thing is if the claimant has filed the case as a small claim in the County Court Business Center he's filed it in the wrong court.

The Civil Procedure Rules state that claims for slander and libel (defamation) cannot be started in the County Court without the prior written agreement of both parties.

See PD 2.9 (1) PRACTICE DIRECTION 7A – HOW TO START PROCEEDINGS – THE CLAIM FORM - Civil Procedure Rules (justice.gov.uk)

He should have filed it in the Queens Bench division of the High Court, which is more complex and expensive.

I've dealt with several cases with this issue and although they've been utimately successful (see judgment below for one of them) it can be time consuming to get to that point as an actual judge won't even look at the case until it's been alocated to a local court and even then you'd have to make a formal application to have the claim struck out which may involve a hearing. The example I cited did.

So my advice would be, in the first instance, to write to the claimant pointing out his error and advise him to discontinue the claim now before it ultimately gets struck out by the court on the jurisdictional issue for which he'll have to pay your's and the courts costs. I could help draft something for you.

It would helpful to see the claim and also the letter demanding the £3700. You can either redact any personal info and post them up here or email them to me at nick@legalbeaglesgroup.com

ALICE Judgment.jpg

[jspepper]

Hiya

Well the first thing is if the claimant has filed the case as a small claim in the County Court Business Center he's filed it in the wrong court.

The Civil Procedure Rules state that claims for slander and libel (defamation) cannot be started in the County Court without the prior written agreement of both parties.

See PD 2.9 (1) PRACTICE DIRECTION 7A – HOW TO START PROCEEDINGS – THE CLAIM FORM - Civil Procedure Rules (justice.gov.uk)

He should have filed it in the Queens Bench division of the High Court, which is more complex and expensive.

I've dealt with several cases with this issue and although they've been utimately successful (see judgment below for one of them) it can be time consuming to get to that point as an actual judge won't even look at the case until it's been alocated to a local court and even then you'd have to make a formal application to have the claim struck out which may involve a hearing. The example I cited did.

So my advice would be, in the first instance, to write to the claimant pointing out his error and advise him to discontinue the claim now before it ultimately gets struck out by the court on the jurisdictional issue for which he'll have to pay your's and the courts costs. I could help draft something for you.

It would helpful to see the claim and also the letter demanding the £3700. You can either redact any personal info and post them up here or email them to me at nick@legalbeaglesgroup.com

ALICE Judgment.jpg

Thank you for your help, i will email later today. You have given my health a much needed boost.

[jspepper]

Reading between the lines I think they are trying to sue you for defamation.
They are way off but tagging EXC for you, as he is resident expert!

Thank you, really appreciate you helping me.

[jspepper]

Hiya

Well the first thing is if the claimant has filed the case as a small claim in the County Court Business Center he's filed it in the wrong court.

The Civil Procedure Rules state that claims for slander and libel (defamation) cannot be started in the County Court without the prior written agreement of both parties.

See PD 2.9 (1) PRACTICE DIRECTION 7A – HOW TO START PROCEEDINGS – THE CLAIM FORM - Civil Procedure Rules (justice.gov.uk)

He should have filed it in the Queens Bench division of the High Court, which is more complex and expensive.

I've dealt with several cases with this issue and although they've been utimately successful (see judgment below for one of them) it can be time consuming to get to that point as an actual judge won't even look at the case until it's been alocated to a local court and even then you'd have to make a formal application to have the claim struck out which may involve a hearing. The example I cited did.

So my advice would be, in the first instance, to write to the claimant pointing out his error and advise him to discontinue the claim now before it ultimately gets struck out by the court on the jurisdictional issue for which he'll have to pay your's and the courts costs. I could help draft something for you.

It would helpful to see the claim and also the letter demanding the £3700. You can either redact any personal info and post them up here or email them to me at nick@legalbeaglesgroup.com

ALICE Judgment.jpg

I have emailed the copy letter to you. I would really appreciate your offer of drafting up a letter. I got a N149A notice today. No idea what to to with it.

Thank you and apologies if i am rambling.

[EXC]

Ok got it but I need some more basic information first.

Can you send me the letter demanding the £3700, the claim form and a copy of the N149A you received today please.

Also any of your responses to him.

Did you get the N149A from him or the court?

[jspepper]

Ok got it but I need some more basic information first.

Can you send me the letter demanding the £3700, the claim form and a copy of the N149A you received today please.

Also any of your responses to him.

Did you get the N149A from him or the court?

Many thanks for your help.

I have emailed you his letter (sent pictures from my mobile) and the N149A which was from the court. I have not responded / contacted him about the letter he sent to me.

[EXC]

Ok thanks.

I'm very confused because the N149A should only have been issued after a defence has been filed - but you haven't filed one yet right?

I'd still like to see the actual claim form please. I'd also like to see the reveiw(s) that is/are at issue.

Also prior to the letter of 26 January did you receive a per-action letter?

EDIT I've just seen you've sent me another email buit there's nothing in it/attached?

[jspepper]

Ok thanks.

I'm very confused because the N149A should only have been issued after a defence has been filed - but you haven't filed one yet right?

I'd still like to see the actual claim form please. I'd also like to see the reveiw(s) that is/are at issue.

Also prior to the letter of 26 January did you receive a per-action letter?

EDIT I've just seen you've sent me another email buit there's nothing in it/attached?

Hello

I don't have a copy the review, from posting it was removed by Amazon before I had chance to to anything / take action / alter it. This all happened in a 24hr period.

I panicked and foolishly filed a defense,( bad advice from someone. They did send me a letter prior to 26 January but know Idea what happened to it, I probably binned it.

Apologies, the other email was blank as sent in error.

Thank you.

[EXC]

Ok. I really need to see the claim if you could send it, it's the one with the following text:

The court letter / document reads (verbatim)

Defendant purchased an item from claimants on 20th November 2020. Item was delivered on the 23rd December 2020. On the same day, Defendant opened a return stating that the performance or quality of the product was not adequate Under such a request it is for the defendant to cover the cost of any return. Defendant objected to this payment and then claimed an electrical fault and stated glass was coming off when washing. The defendant was asked for evidence in view of the change of mind but refused to supply any further details. On the 29th January the Defendant decided to leave defamatory comments on public view. As a direct result of the vicious comment, the platform removed the item from sale on 30th December 2020. The claimant explained to the Defendant what damage the unnecessary comments had caused and asked for the removal and warmed the Defendant of the consequences, the defendant
i will provide the defendant with separate detailed particulars within 14 days after service of the claim form.

Also did you receive another form with the N149A?

[jspepper]

Ok. I really need to see the claim if you could send it, it's the one with the following text:



Also did you receive another form with the N149A?

Hello

I have sent an email / photo of the other document, N180. I completed the defense on line.

Thanks for being patient with me.

[EXC]

Hello

I have sent an email / photo of the other document, N180. I completed the defense on line.

I've not received it yet, also can you send me the claim please and also a copy of you defence?

Thanks for being patient with me.

It's not a problem.

[jspepper]

I've not received it yet, also can you send me the claim please and also a copy of you defence?



It's not a problem.

Hello

I have just emailed them to you.

Thanks again.

[EXC]

I've still not received them I'm afraid. I've emailed you with another idea!