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dragonsunset

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  1. Firstly, CitizenB I appreciate your help and time, so a thousand thanks! Yes this was a MCOL. I have defended because of time. Yes I agree he is taking a chance, but really he is being malicious, I work and live most of my time in Germany, visiting my UK address infrequently the claimant knows this and to my surprise I found a claim from in the post this thursday and I luckily only had until monday to reply so I have defended the claim i wish I had more time so I could have used advice from this site. I did address the points in his particulars and added additional point like mentioned in my post above. But I wish I could have added the pre action protocol and the fact this claim should be from the UK company not him. On saturday i received the directions questionnaire, i have filled this out and will post on monday A1, YES C1, YES D2, NO D3, 1 Because he has not followed the pre-action protocol, how do I go about using this as a defence point? Would i need to wait until the hearing? or would it be better to defend the claim based on evidence on the particulars rather than on a technicality of process? thanks in advance.
  2. Hi, I was wondering if someone can help. I have spent some time on the site gathering information but I am now lost with the problem I have. I have been issued with a Claim Form for the amount of £1270.00. I have already responded to the claim form and after reading on this site I understand that the claimant is not following the process correctly. In brief the claimant is saying that I did not return a laptop that I purchased from him via ebay he asked for the item to be returned and I did, he claims that I had the parcel re directed to my address and then subsequently I was issued a refund from PayPal, therefore committing fraud. He also claims that Paypal have evidence that I redirected the parcel and that this evidence was handed over to the police. This I know to not be true, paypal refunded me the money and they also rejected his appeal. I have proof on so many of his points that I know I can defend this claim. I was not in the UK on the date of the delivery. (Working in Germany) My signature is not the one on the delivery note. the recipient was a MRS B (I am a male) DHL tracking shows the parcel being redirected by the recipient (the claimant). The point I require help on is that he did not inform me in writing that he was submitting the claim, (am I correct in assuming that he should have?) Secondly when I purchased the laptop i received a VAT invoice from a company for the laptop, however I believe that the claimant has logged the claim under his name as apposed to the company name. (i also understand this to be incorrect?) I suspect he is trying to intimidate me and would like to know if I can simply have this claim struck off due to the above points? Thanks in advance.
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