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Hello I have made a stupid mistake by suing the wrong Amazon company. I have taken Amazon to small claims court because I made a return of 4 IPhones and was only refunded for 2. It’s been around 6 months since this has happen and Amazon still refused to refund my money. I made a small small claims against them and they gave defence claiming I’m suing the wrong company and that it should be Amazon EU SARL. Please help I have attached their defence below.
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You can apply to the Court under Part 19 of the Civil Procedure Rules [link below] to substitute the correct defendant.
Reading the defence, are you sure that you have good grounds to bring your claim?
CPR 19: https://www.justice.gov.uk/courts/pr...l/rules/part19
Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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Yes I should hope so, what makes you question if I have good grounds please let me know.Comment
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To be honest I have seen a similar post and have already contacted evershields today to agree to discontinue. To be honest I feel lost and defeated and don’t even want to carry on with my case even though the sum is more thank 2k. I’m only 19 and don’t know how any of these court systems work and don’t want to lose more money than I already have.Comment
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Paragraph 14 of the Defence is what gives rise to this question. This makes me wonder whether Amazon are saying that they did not accept your order and so there is no contract (this involves me making an assumption about your claim, albeit that the assumption might be wrong).Originally posted by Dreecesixo View Post
But I see you will be discontinuing the claim.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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They accepted my order and return and I was given a return addressComment
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Is there a way to take Amazon eu SARL to small claims even though they are in LuxembourgComment
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Yes. But wouldn't it be easier to apply to substitute the Defendant? See post no 3.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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Yes i have seen I have currently sent a email to “contactocmc@justice.gov.uk” stating “ I would like to substitute the correct defendant under Part 19 of the Civil Procedure Rules.” Is that the right way to do it or would I need to call?Comment
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No. You need to make a formal application and pay the fee. See CPR 19 and Practice Direct 19A.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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The fee is £255 I saw in another post, wouldn’t it be easier to just discontinue and go after the right company?Comment
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In which case you start a new claim and comply with CPR Part 6 rules 30 onwards and Practice Direction 6B in respect of service out of the jurisdiction (links below).
To avoid that hassle, you could ask Eversheds if they will accept service for the Luxembourg company, and if they agree, serve them.
CPR 6, rules 30 onwards - https://www.justice.gov.uk/courts/pr...ules/part06#IV
PD6B - https://docs.google.com/spreadsheets...f=true&sd=trueLawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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I need simpler terms pleaseComment
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Please tell me how I need to discontinue court claim. And I will simply pay the fee for a new court claim again right Amazon companyComment
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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