small claims action

[jspepper]

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

Many thanks.

Hopefully you have them now.

Thank you so much.

[EXC]

Yes I have them but I still don't have the claim. Also he said in the claim text you posted in your first post that he would send you detailed particulars in 14 days. Did he? And if so could you send those too please?

[jspepper]

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

I found them in my drafts, not my day.

Fingers crossed you have them.

Thank you.

[EXC]

I found them in my drafts, not my day.

Fingers crossed you have them.

Thank you.

Yes I have them but I still don't have the claim. Also he said in the claim text you posted in your first post that he would send you detailed particulars in 14 days. Did he? And if so could you send those too please?

[jspepper]

Yes I have them but I still don't have the claim. Also he said in the claim text you posted in your first post that he would send you detailed particulars in 14 days. Did he? And if so could you send those too please?

He has not sent anything else to me, the last things sent are his letter dated 26 jan and then I received the court documents. I sent the N9B (2 pages) and the N9CPC. which I hope you have, (which i downloaded from the website)

The only other thing I have is the N149A which came with the N180.

I have found A copy of the review I left (did not show my or any name on the review) and messages from the seller. I contacted Amazon and advised the seller was sending/ contacting me too much and asked them to help. I can email if you want to see them.


Thank you again.

[EXC]

Yes please send me a copy of the review and the messages from Amazon.

Also PLEASE SEND ME A COPY OF THE CLAIM. I cannot help you until I've seen it. I know you have it becuase I can see part of it in the photo you sent me of another document. It's the document in the top left hand corner with 3711.00 on it. I need tro see both pages.

Claim.JPG

[jspepper]

Yes please send me a copy of the review and the messages from Amazon.

Also PLEASE SEND ME A COPY OF THE CLAIM. I cannot help you until I've seen it. I know you have it becuase I can see part of it in the photo you sent me of another document. It's the document in the top left hand corner with 3711.00 on it. I need tro see both pages.

Claim.JPG

Thank you again. Fingers crossed you have a copy of all the pages of the claim form. I have send a copy of the anonymous review.

I will forward the messages, just didn't want to bombard you as they sent me quite a few.

[EXC]

Ok I've got the claim and the review - thanks!

If you could forward the amazon messages too that would be great.

Obviously you need to fill out and file the Directions Questionnaire by 4 March so we don't need to worry about that just yet.

I didn't realise that the claim was only issued on 11 February, so he has until th 25th to give you the detailed particulars of claim. As soon as we have that I can draft something for you. I suggest that we should make him an open offer to discontinue the claim without him incurring further costs, basically spelling out the defects of the claim (of which there are many) and saying that he has no hope of succeeding with his claim if it goes to a hearing.

An open offer (unlike a without prejudice offer) means that it can brought to the attention of the court if & when neccesary and demonstrates reasonableness on your part.

At that point we'll also file the Directions Questionnaire.

I'm confident that he hasn't got anywhere near a strong enough case to ultimately win but we want to try and avoid it going that far, not least because it will be stressful and time consumer for you - hence trying to nip it in the bud with the offer.

[jspepper]

Ok I've got the claim and the review - thanks!

If you could forward the amazon messages too that would be great.

Obviously you need to fill out and file the Directions Questionnaire by 4 March so we don't need to worry about that just yet.

I didn't realise that the claim was only issued on 11 February, so he has until th 25th to give you the detailed particulars of claim. As soon as we have that I can draft something for you. I suggest that we should make him an open offer to discontinue the claim without him incurring further costs, basically spelling out the defects of the claim (of which there are many) and saying that he has no hope of succeeding with his claim if it goes to a hearing.

An open offer (unlike a without prejudice offer) means that it can brought to the attention of the court if & when neccesary and demonstrates reasonableness on your part.

At that point we'll also file the Directions Questionnaire.

I'm confident that he hasn't got anywhere near a strong enough case to ultimately win but we want to try and avoid it going that far, not least because it will be stressful and time consumer for you - hence trying to nip it in the bud with the offer.

Thank you so much and for being so patient.

I am just about to email you the messages he sent to me and a copy of some of the other customer reviews.

Thank you again.

[jspepper]

Thank you so much and for being so patient.

I am just about to email you the messages he sent to me and a copy of some of the other customer reviews.

Thank you again.

I have just received his documentation, so i will send it on.

[EXC]

I have just received his documentation, so i will send it on.

Got it thanks. I've also got the other customer reviews you sent - very interesting!

So now we have his detailed particulars (what he refers to as his 'statement of case'). He clearly doesn't know what he's doing as he's produced his evidence before being instructed to by the court. Evidence should be filed with a witness statement, not with his cklaim. The case has even been alocated to a track yet, let alone a court.

There are 2 things I'd also like to see before drafting the letter:

1) The correspondence you had with Amazon.

2) The correspondence he had with Amazon that he referred to in his statement of case at paragraphs 13 and 14, which he said are on pages 6,7, 8 & 9 of CAW 1.

Could you do that for me?

PS you're doing really well, so well done.

[jspepper]

Got it thanks. I've also got the other customer reviews you sent - very interesting!

So now we have his detailed particulars (what he refers to as his 'statement of case'). He clearly doesn't know what he's doing as he's produced his evidence before being instructed to by the court. Evidence should be filed with a witness statement, not with his cklaim. The case has even been alocated to a track yet, let alone a court.

There are 2 things I'd also like to see before drafting the letter:

1) The correspondence you had with Amazon.

2) The correspondence he had with Amazon that he referred to in his statement of case at paragraphs 13 and 14, which he said are on pages 6,7, 8 & 9 of CAW 1.

Could you do that for me?

PS you're doing really well, so well done.

Lol, well despite a few 'wobbles' on my part it's because I've got great help, so thank you. I'm no expert by far (zero knowledge of this), but yes I agree everything does appear to not be not well thought out.

Amazon state, customer complaints and does not name me.

Will get the above items to you asap.

Thank you and thanks for not giving up on me.

[jspepper]

I have sent what I could find, but I did find and forward an email I sent to amazon on 29.12.20 showing the damaged item.

I had a chat record but all the previous conversations have been cleared so my conversations where I asked Amazon to stop this person contacting me, I have no proof they instructed me to 'block' his email account.

On pages 8 and 9 this just appears to be a 'typed' record of a conversation, would he not have to show a better copy? Sorry don't know how seller support would look on screen?

Overall, because of having to pay for postage, and all the hassle I was getting from this guy / company it was not worth the hassle / stress to me to complain any further.

[EXC]

Ok I think I've got everything, thanks.

I had a chat record but all the previous conversations have been cleared so my conversations where I asked Amazon to stop this person contacting me, I have no proof they instructed me to 'block' his email account.

I don't think it's too much of a problem that you haven't got it. It's not central to the case.

On pages 8 and 9 this just appears to be a 'typed' record of a conversation, would he not have to show a better copy?

Possibly but his claim that Amazon removed his listing because of your 'dangerous' comment is inconlusive at best. In fact on page 6 the official Amazon document specifically states that the listing was removed because customers complained that the items were used and not new. On page 7 Amazon confirms this again and provides a complaint reference number, which is the same number he provided in the chat log. But your complaint wasn't about the item being used at all but about it being dangerous.

Give me a couple of days or so while I work on the draft.

In the meantime just relax, ok?

[jspepper]

Ok I think I've got everything, thanks.



I don't think it's too much of a problem that you haven't got it. It's not central to the case.



Possibly but his claim that Amazon removed his listing because of your 'dangerous' comment is inconlusive at best. In fact on page 6 the official Amazon document specifically states that the listing was removed because customers complained that the items were used and not new. On page 7 Amazon confirms this again and provides a complaint reference number, which is the same number he provided in the chat log. But your complaint wasn't about the item being used at all but about it being dangerous.

Give me a couple of days or so while I work on the draft.

In the meantime just relax, ok?

Will do, many thanks.