Ebay buyer threatening small claim

[renegadeimp]

He cant make it legitimate, especially if the OP has a good evidence trail. He is thinking he can bluff his way through the system, and going from the info we have been given, it really looks as if he has no idea what he is doing.

[Seraphesfahan]

He cant make it legitimate, especially if the OP has a good evidence trail. He is thinking he can bluff his way through the system, and going from the info we have been given, it really looks as if he has no idea what he is doing.

 

And again, I agree. Still, it is wise to have your bases covered and not leave it to chance and expectation. I know there are some lawyers who give a free hour consultation so that is an option if he doesn't want to shell out the cash to go to one. It's at least worth the effort to make sure everything is alright and there isn't anything he's missing. It's easy to get burned in the courts if one person is a better story-teller than the other and you don't know how to respond. Evidence is important but so is presentation.

[renegadeimp]

Unless you can find a specialist solicitor, most will just give you a bunch of rubbish just to get you out of the office.

[Sazeasy]

I have email MCOL helpdesk today noting the fact that seperate particulars of claim have not been received and asking for guidance on what position this places us in. I have also received the allocation questionaire today. We must now decide whether to agree to mediation...Im inclined to say yes here, not least to demonstrate our continued willingness to resolve this without need for Court intervention.

[renegadeimp]

You should agree to mediation as it shows your willingness to get this sorted. One thing to remember is you do NOT have to agree with anything in mediation. It is seperate and is there purely to save court time if possible.

[Bazooka Boo]

And going by his track record, he isn't likely to agree to anything in mediation and will just prove you right all along and he wants something for nothing.

[renegadeimp]

Agreed there BB. Make sure YOU play by the rules, and let him trip up. As ive said all along, he as NO clue what he is doing and thinks he can bluff his way through the process. As soon as you tell the court you want a full hearing and have him attend, i bet he'll back off or beg to settle out of court. Especially as you can claim your own costs for the entire matter, leaving him further out of pocket.

[Sazeasy]

Quick update...

I received an email response from MCOL regarding not having received separate detailed particulars of claim but unfortunately it was an automated style response that did not address my questions...it advised I file an acknowledgment of service/defence...this had of course already been done. So, I rang them and confirmed with Court staff that there is no separate detailed particulars of claim filed with them and indeed no N215 (certificate of service) from the Claimant to indicate he has served one upon us. I asked what position it places us in and was told that it does not chance matters as I have already filed the defence rather than bringing it up prior to filing. This is fine. I hadn't sought to delay matters, simply wanting confirmation really for our own note should this reach hearing stage that the Claimant has again not complied or adhered to protocol.

 

Our allocation (directions) questionnaire has been completed indicating our willingness to use the Court's Mediation facility. The order received from the Court gave us until 24th June to file this with them and to serve on the Claimant so we decided to send his copy via special delivery so that receipt is traceable. I have also filed a certificate of service with the Court to reflect that.

 

We are yet to receive his copy allocation questionnaire, though he does have until Monday. I did note on the guidance the court sent however that it would be deemed served on the second business day after posting so unless he posted that yesterday he may be in a struggle to adhere to that protocol too...we will see.

 

Interested to see if he is also willing to use the mediation service...though if he does not serve us with the allocation questionnaire I wonder what position that places us in. Will the Court simply send us a copy or would it be reasonable at that stage to make an application for the Court to stay or strike out the claim based on his continual refusal to follow protocol...before court and indeed now with the civil procedure rules.

 

Not sure...just thinking out loud really...in the meantime all we can do is follow procedures, continue to document everything and remain patient.

[renegadeimp]

I would make an application to strike out the claim. Make sure you don't forget your costs too.

[Sazeasy]

Well postman been and gone...no copy served on us of Claimant's allocation questionnaire. What now? Do we wait for the Court to take proceed as they see fit and just note it down for reference, or do we notify the Court of this further breach of protocol?

 

Can't seem to find specific guidance. May be best to ring the Court Office next week and see what they say if it's still not received.

[renegadeimp]

Give the court a ring. There may be a backlog

[ericsbrother]

unless you filed a counterclaim I would say that it is safe to now get on with other more important things as it looks as though he has decided to come to some sense. It looks as though he is not going to pay the next £25 for allocation fees and that is the end of his interest in this action. It was doomed to fail for many reasons so it saves you having to give up a day to state the bleedin obvious.

[Sazeasy]

We did not file a counterclaim. Ive confirmed via royal mail tracking that he signed for receipt of our Allocation Questionnaire on 24/6 and MCOL have confirmed via telephone today that they have also received ours, but not as yet his. Providing its not just an administrative backlog issue they will send further order guving him further 7-9 days to submit it. If still no response they will then strike out the claim.

 

He may well have decided not to proceed. Though why not notify the Court or us if that I'm not sure. We will just wait now and see.

[renegadeimp]

Got my fingers crossed for you. If he decides to go through with this, then make sure you demand a in person hearing at YOUR local court. That way he cant write anything that pops into his head to bluff the court. He has to do it face to face, and if he lies, he would be in serious trouble.

[Sazeasy]

Quick update...

Received copy of a Court order sent to Claimant dated 9th July giving him a final 7 days from date of service to file/serve his directions/allocation questionnaire. It states that the case will be struck out if order not complied with. To date we have received nothing. Though whether he has filed with Court on time in accordance with the order is yet to be seen. Just waiting. The next thing (hopefully sometime soon!) will either be an order/info on mediation (if he has indeed filed AQ stating he wants to mediate) or order striking out his claim.

 

Cant help but feel riled by this man who causes stress to others by forcing processes that he is then allowed to simply ignore once it doesn't sit well in his favour.

 

I suspect he relied heavily on expectation that we would raise white flag to his heavy hand.

 

On a seperate note, we raised complaint with Ebay some weeks back regards his comments when he left negative feedback. He has stated that he was sold damaged goods, that we have denied they are the wheels sent and has said that a CCJ beckons. We took issue with the mention of a CCJ as it is inflamatory and he has predetermined an outcome that had not yet been judged. Ebay have not replied to us nor asked him to remove or revise the comnents.

[Bazooka Boo]

Sounds like a very vile individual, must live a very sad lonely life.

[steampowered]

It may be that he doesn't want to pay the allocation fee. Sometimes people don't realise that there will be an allocation fee and hearing fee to pay, as well as the initial issue fee.

[letsmakeamark]

Dont forget after the allocation fee there is a hearing fee as well !!!!

[Kraken1]

subbing.

[HAWC]

Subbing with intrest

[ericsbrother]

Time out on this one, contact the court to have it struck out as vexed claim. That way he cant start all over again.

[citizenB]

Have you followed up with Ebay and asked they remove the CCJ comment ? I think it is very wrong if they permit that to stay in the circumstances.