small claims action

[EXC]

Just one further thing...

Obviously he's blaming your 'dangerous' review on why Amazon de-listed the product but in the email he got from Amazon they said it had been de-listed because of complaints about the product being used but sold as new, in other words a completely different reason.

Do you have the claim you made to Amazon? I just want to see what you said to them about why you were unhappy with it.

[jspepper]

Just one further thing...

Obviously he's blaming your 'dangerous' review on why Amazon de-listed the product but in the email he got from Amazon they said it had been de-listed because of complaints about the product being used but sold as new, in other words a completely different reason.

Do you have the claim you made to Amazon? I just want to see what you said to them about why you were unhappy with it.

Thank you, I will have a look and see what I can find.

[EXC]

Ok thanks. According to his reply to defence, on 30 December you opened an A to Z claim alleging 'damaged or defective'. it then says you claimed a return on the basis of 'performance' or 'quality not adequate'.

It would be great to see both of those. They might be in your Amazon order history?

[jspepper]

Ok thanks. According to his reply to defence, on 30 December you opened an A to Z claim alleging 'damaged or defective'. it then says you claimed a return on the basis of 'performance' or 'quality not adequate'.

It would be great to see both of those. They might be in your Amazon order history?

Just had a 'double' check, can only see one generic email on 14.12.20 asking if my problem was resolved, no other messages until 29.12.20. Most of my communication was via online chat.

Thank you.

[EXC]

Ok no probs, leave it with me.

[EXC]

I've sent a draft so read it carefully and check it for accuracy.

If you're happy with it I would email it to him and also send him a signed hard copy by registered mail.

If the worst comes to the worst and he's stupid enough not to accept the offer and continue with the claim we may need to make the application. The Court fee for applications is £255 but you would be awarded it should it succeed. Despite what I said in the offer the application would almost certainly be done without the need for a hearing.

I think this is a better approach in the circumstances as for the case to actually go to court, despite the fact he's got no hope whatsover of winning, it will be quicker, far easier and less stressful for you.

EDIT: I noticed a couple of typos in the draft I sent you so bin that and use the one I have resent you entitled 'Draft FINAL2'.

[jspepper]

I've sent a draft so read it carefully and check it for accuracy.

If you're happy with it I would email it to him and also send him a signed hard copy by registered mail.

If the worst comes to the worst and he's stupid enough not to accept the offer and continue with the claim we may need to make the application. The Court fee for applications is £255 but you would be awarded it should it succeed. Despite what I said in the offer the application would almost certainly be done without the need for a hearing.

I think this is a better approach in the circumstances as for the case to actually go to court, despite the fact he's got no hope whatsover of winning, it will be quicker, far easier and less stressful for you.

EDIT: I noticed a couple of typos in the draft I sent you so bin that and use the one I have resent you entitled 'Draft FINAL2'.

I will do this today.

I am really humbled about the time , energy and hardwork you have put into helping me, ( a total stranger).

I truly am lost for words.

I update you as to what happens.

Thank you again

[EXC]

No problem, glad I can help out.

It's quite enjoyable locking horns (albeit remotely) with dodgy traders who think they can bully people with 'defamation' claims that aren't worth the paper they're written on.

Keep me posted!

[jspepper]

No problem, glad I can help out.

It's quite enjoyable locking horns (albeit remotely) with dodgy traders who think they can bully people with 'defamation' claims that aren't worth the paper they're written on.

Keep me posted!

Morning

He has responded, looks like your letter worked. He is still, making demands.

I have sent you a copy if that is ok? If you could advise me on what to do now I would appreciate it.

Thank you again for all your help.

[EXC]

Hiya

I'll draft you a response to his latest letter but in the meantime you need to get your N180 Directions Questionnaire filed. You also need to serve a copy on him.

Most of it is straight forward but...

A1 - tick yes to mediation.

C1 - tick no and in the box put the following:

Claimant has filed this defamation claim in the County Court without obtaining my written agreement despite the requirements of CPR PD 7A 2.9 (1). The claimant did this knowingly - see Statement of Case para 18. I respectfully invite the Court to strike the claim of it's own motion as County Court has no jurisdiction.

D1 - put 'not applicable'.

D2 - tick no

The rest of it is up to you.

Obviously we want to avoid you having to make the strike out application and having to shell out the £255 fee but hopefully the court will strike the claim on the jurisdictional grounds highlighted above in the N180.

[jspepper]

Hiya

I'll draft you a response to his latest letter but in the meantime you need to get your N180 Directions Questionnaire filed. You also need to serve a copy on him.

Most of it is straight forward but...

A1 - tick yes to mediation.

C1 - tick no and in the box put the following:



D1 - put 'not applicable'.

D2 - tick no

The rest of it is up to you.

Obviously we want to avoid you having to make the strike out application and having to shell out the £255 fee but hopefully the court will strike the claim on the jurisdictional grounds highlighted above in the N180.

Hello

Many thanks again, I appreciate the time you are taking to help me.

Will get on with your instructions, thank you for making it easy for me in a 'step by step' method, I would really struggle otherwise.

Will keep you posted.

Thank you yet again.

[EXC]

No problem.

[jspepper]

No problem.

Documents have been completed and sent.



I've had another letter from the claimant, ( I've sent you a copy, hope that's ok)?

He does come across as being erratic, if that's the right word.

Thank you again for helping.

[jspepper]

No problem.

Hi

the court has not stopped his claim. I have sent you a cooy of the document they issued to me, i hope that is ok? If you could offer me any more advice, i would really appreciate your help?

many thanks.

[EXC]

No probs, I've emailed you.