Particulars of claim not received?

[jayc001]

Hi Folks,

I've received a county court claim. It relates to an ebay transaction from last year which I thought had been dealt with via paypal dispute process. Anyhow it seems not as the buyer has brought it back up with a court claim some 8 months after paypal found in his favour and refunded him.

Now the thing that concerns me is I have not received the particulars of the claim. They are stated as to follow and it has been 14 days since i received the court papers.

Now I can't respond until I have received the particulars so how do i procede? I understand that the case can be struck out if the POC do not arrive so who should I contact about this? If the court I also need to contact regards the defence form as the court photocopier must have been out of toner as it is totally unreadable but some brightspark clerk still hand wrote the claim reference on it!

Any advice gladly received.

[paulb2905]

Re: Particulars of claim not received?

Just to clarify when Paypal found in thier favour and refunded the money was there any other issue outstanding and/or any money owing?

Any reason for them to attempt to recover any further costs, postage or such?

You could try looking the case up on MCOL (Money Claim Online) or call the issuing court.

[jayc001]

Re: Particulars of claim not received?

Paypal found in the buyers favour (as they always do. I was the one who instructed the buyer to raise a paypal dispute thinking this would be the best way for them to dispute the transaction) and the funds were taken from my account. As far as i was aware the matter was over.

Then 8 months later I get court papers. Nothing inbetween so they were out of the blue.

Now here's the problem. Because the dispute happened over 6 months ago the details of the dispute are no longer held in my paypal account. I've called and emailed paypal but I'm told I am unable to get a copy of any details relating to the dispute without a court order. Now I'm done banging my head against the wayy with them. I've already wasted too much time tryig to get hold of the details of the case (which essentially are my only defense) so I want to get the case struck out as I haven't received the POC.

I'll have a look on MCOL but is that only relevant if the claim was made online? This seems to have been done physically rather than virtually as the very basic details of the claim are rather poorly hand written.

[jebedee]

Re: Particulars of claim not received?

You can obtain various court forms here http://www.hmcourts-service.gov.uk/H...51886385EC872B

Best of luck.
------------------------------- merged -------------------------------
Try an SAR to Paypal. Not sure where you would send this but I guess you know more about Paypal than me.

[jayc001]

Re: Particulars of claim not received?

That link doesn't work but I found the page in the end.

Suspicious Activity Report? I think I'd just be wasting more time there and get the same response.

[WendyB]

Re: Particulars of claim not received?

when you say you've had court papers, what exactly have you received? the POC are usually on the front, first page, of the N1. Left hand side, about halfway down.

[jebedee]

Re: Particulars of claim not received?

Sorry the link didn't work.
I assumed that the Particualrs of Claim had not yet been received, only the Claim form and that the POC would be served later as per the Practice Direction 7A
Particulars of claim

6.1

Where the claimant does not include the particulars of claim in the claim form, they may be served separately:
(1) either at the same time as the claim form, or

(2) within 14 days after service of the claim form provided that the service of the particulars of claim is within 4 months after the date of issue of the claim form2 (or 6 months where the claim form is to be served out of the jurisdiction3).


6.2

If the particulars of claim are not included in or have not been served with the claim form, the claim form must contain a statement that particulars of claim will follow4.

Difficult to draft a defence without the POC, but a gift if you want to apply to strike out the claim.

[jayc001]

Re: Particulars of claim not received?

when you say you've had court papers, what exactly have you received? the POC are usually on the front, first page, of the N1. Left hand side, about halfway down.

I have received the form N1. It states at the top "POC to follow" which has been written in the same pen and handwriting as the claim number and date of issue so I'm assuming this has been done by the issueing court?

Underneath in the "brief details of claim" section (in rather poor handwriting so I'm assuming the claimant has written this) it gives no details about what the claim relates to rather it just says :

"Refused to return my money, putting him in breach of the distant selling regulations, he also made the claim he is a private seller, when in fact his operating as a business"

The value of the claim is £65 which is different to the price of the item origanlly listed on ebay.

On the back of the N1 form where it states Particulars of claim has the "attached" section crossed out in the same pen as the details of claim so I'm assuming the claimant did this as is planning on sending the particulars?

Does the claimant have to send the POC to the court first? Send a duplicate copy to the court? Have to use recorded post or keep any proof of posting?

Now should I file an acknowledgement of service for the claim then ask the court to strike it out on the grounds no POC received? If so do i need to do this is writing, over the phone to the court or what?

Do they have to give the claimant any leeway as allowing for slow post, the POC getting lost in the post etc?

[Amethyst]

Re: Particulars of claim not received?

I believe they have 4 months.

You need CPR Part 7 for the rules.PART 7 - HOW TO START PROCEEDINGS THE CLAIM FORM - Ministry of Justice

this is where you are currently at I believe.

(3) Where the claimant serves particulars of claim separately from the claim form in accordance with paragraph (1)(b), the claimant must, within 7 days of service on the defendant, file a copy of the particulars except where –
(a) paragraph 5.2(4) of Practice Direction 7C applies; or

(b) paragraph 6.4 of Practice Direction 7E applies.

Those both relate to the bulk processing centre and MCOL...you say yours is through a local court?

[jayc001]

Re: Particulars of claim not received?

So I take from the above the court will regard the claim has being issued on me but not served until such time as a POC reaches me?

If so I need to send notice to the claimant requesting they provide POC within a set period of time?

Would 7 days be sufficient or should I allow 14?

[Amethyst]

Re: Particulars of claim not received?

I believe so yes. So defence time doesn't start until they file the n215 for service of the POC (I think) I would recommend though giving the court a call and checking.

[jayc001]

Re: Particulars of claim not received?

Spoke to the court this morning. They confirmed that they had not received the POCeither so I should write to the claimant and ask for the POC or for the claim to be cancelled.

If no response after that I can request the claim be struck out.