**. Won **. Car not as advertised - court claim - eBay

[jerry12x]

Continuing....

[jerry12x]

Continuing and being told I am duplicate posting....

[jerry12x]

Last lot...

[des8]

I'll have a look tomorrow, family permitting!

[jerry12x]

I think I have made a real mess with ebay messaging.
Are you sure you're ready for it?

[des8]

I've just filled my download file!!!!!!!!!!!!!!
And now reading

[jerry12x]

I know I did it wrong.
Wrong is expected before one knows how to do it right.

[jerry12x]

Update.

I received an email from the court mediators today, saying they would probably call on the 19th of June.
I rang and voiced my concern at having my evidence automatically deleted by ebay after 6 months.
They said there was nothing they could do.
I told them I don't have time for mediation and requested it go straight to court.
I will get a letter from the court with a date within the next 10 days.

[des8]

Refusing mediation because of lack of time doesn't look good, as court expects both parties to try and resolve dispute without going to court.

Hear are my notes and aide memoirs before I tackle your WS.
Did his solicitor sign the defence document?
Screen shots of texts/emails/advert, not transcripts.
No need to print out the text within the WS Just a reference to its overall content
Each page needs to carry the court case number in top right corner
Need a separate index of list of exhibits
Need to reference auto trader Good; minor or cosmetic damage to bodywork, wheels, tyres and interior https://www.autotrader.co.uk/car-val...ion-conditions
Need to reference Distance Sellinghttp://www.legislation.gov.uk/uksi/2000/2334/contents/made
Need to reference CPR http://www.legislation.gov.uk/uksi/2...ulation/6/made

[jerry12x]

Had the defence responded within a reasonable time frame, I would not be in a dilema over the possibility of losing my evidence.
The defendant not returning the DQ until reminded by the court again contributed to the possibility of my evidence being deleted by ebay due to the 6 month limit.
The defendant is basing his defence on having no evidence of faults with the car.
The only proof I have of giving him evidence is ebay messaging.

Telephone mediation is possibly the worst thing I could ever have.
It is more of a punishment than possible solution.
My hearing aid works good enough in a normal conversation but on the phone, half the time I am guessing what the other person has said and more than half the time, I guess wrongly.
Mostly, a conversation is ended prematurely because the person on the other end of the phone gives up.

I do not believe a solicitor signed the defence document as it was delivered electronically.
There is no signature on the form.
I will be busy making the advised alterations to the WS and hope to have it revised tomorrow.

[des8]

Had the defence responded within a reasonable time frame, I would not be in a dilema over the possibility of losing my evidence.
The defendant not returning the DQ until reminded by the court again contributed to the possibility of my evidence being deleted by ebay due to the 6 month limit.
The defendant is basing his defence on having no evidence of faults with the car.
The only proof I have of giving him evidence is ebay messaging.

Can you not take screen shots of Ebay or photograph the screens?

Telephone mediation is possibly the worst thing I could ever have.
It is more of a punishment than possible solution.
My hearing aid works good enough in a normal conversation but on the phone, half the time I am guessing what the other person has said and more than half the time, I guess wrongly.
Mostly, a conversation is ended prematurely because the person on the other end of the phone gives up.
Sorry, but I was unaware of your problem> Did you explain that to the court?

I do not believe a solicitor signed the defence document as it was delivered electronically.
There is no signature on the form.
I will be busy making the advised alterations to the WS and hope to have it revised tomorrow.

Don't bother revising your WS yet, I'll be posting up the start of one for you tomorrow which might save you some effort.
There's no great rush at the mo'

[jerry12x]

I was led to believe that while ebay messaging is good to use in a court of law, a screenshot, which I do have, could have been doctored.

I mentioned my hearing in the court feedback but not to the person I was talking to. Too busy panicking I think.
The amount of times I asked her to repeat what she said might have given her a clue.

I had already started revising it and reduced the page count drastically.
I look forward to see what you have for me.

[des8]

Something I just realised... you were acting on behalf of your sister?
Or were you buying the car on your own account to give to your sister?
If you were acting as your sister's agent you cannot sue the seller, only your sister has the standing to do that.
If you were acting for your sister, did you pay for the car from your own account? does the seller know?
From his defence he does not appear to have realised this might be the case

[jerry12x]

I recently retired and a small tax free lump from a pension gave me the ability to buy us both a car that would hopefully see us through to the time we decide to stop driving. It was a gift. My sister has never had money to buy a car.
Yes, the money was transferred from my bank account.

[des8]

Phew!!