Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #61

    Default Re: Amazon faulty laptop from USA - issing court claim under CRA

    Quote Originally Posted by Andyorch View Post
    If you submitted through MCOL Northampton...simply state the claim number in your application and as follows....

    Complete the N244 application noticeicon, with appropriate Court fee

    ask for the Defendant's name to be amended, and
    re-service of the claim formicon to be dispensed with at it was validly served at the correct address, and
    ask for it ex parte (without a hearing)
    On the front of the application noticeicon type in the box asking what order you are seeking: "The Claimant respectfully requests that the Defendant's name be amended pursuant to CPR 17.1.(2) (b) an re-service of the Claim Form be dispensed with."

    On the second page insert:

    A claim was issued against the Defendant on XX/XX/XXXX in the XXXXXXX county courticon under claim number XXXXXXX for the recovery of monies owed.
    Since that date the Defendant has changed their name and it is therefore incorrect on the Claim Form.
    Therefore, the Claimant respectfully requests that the Claim Form be amended so that the Defendant's name reads "XXXXXXXXXXXXXXXX" pursuant to CPR 17.1 (2)(b). An amended copy of the Claim Form is included in this application.

    We respectfully request that the need for re-service of the amended Claim Form be dispensed with as the claim form was validly served on the Defendant's address.
    Did you do the above ?

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  2. #62
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    Default Re: Amazon faulty laptop from USA - issing court claim under CRA

    Hi Andy,

    Yes that was done a long while ago and the application was successful.

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  3. #63

    Default Re: Amazon faulty laptop from USA - issing court claim under CRA

    Okay......

    So what are they referring to in the statement about the wrong name ?

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  4. #64
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    Default Re: Amazon faulty laptop from USA - issing court claim under CRA

    This was an order placed on their website, but was for an Amazonicon Marketplace item. Amazon believe they are not responsible and that I should be claiming against the seller. The problem is they allowed the seller to masquerade as a UK company with the name "HIDevolution UK" but no such company exists. I later found this was a US company where CRAicon 2015 doesn't have jurisdiction. So I claimed against Amazon for allowing a contract of sale to be misrepresented and for failure to apply their own policies.

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  5. #65

    Default Re: Amazon faulty laptop from USA - issing court claim under CRA

    Right Im with you...so they proceed to acknowledge service and submit a defence and now submit a witness statement denying any involvement but not offering any evidence in support of their defence.

    If they are to be believed and hope a court will go along with their defence...as they being the wrong entity..the normal process would have been to make application to strike out your claim on those grounds and request summary judgment against you.......and yet they have failed to do this ...mmmmm?

    I will run through your thread tomorrow with fresh eyes .


    Andy

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  6. #66
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    Default Re: Amazon faulty laptop from USA - issing court claim under CRA

    The hearing for this Tuesday has been vacated and rescheduled for 11th September 2018 due to Judicial Availability...

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  7. #67

    Default Re: Amazon faulty laptop from USA - issing court claim under CRA

    Responding to your PM NS

    Have you received anything further from the court or defendant since your last posting ?

    Andy

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  8. #68
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    Default

    Quote Originally Posted by Andyorch View Post
    Responding to your PM NS

    Have you received anything further from the court or defendant since your last posting ?

    Andy
    Hi Andy,

    No I haven't. I called the court on Friday to make sure the case was still going ahead as it was vacated at the last minute in July and I was advised it was still going ahead.

    No correspondence from Amazonicon or their solicitors either


  9. #69

    Default Re: Amazon faulty laptop from USA - issing court claim under CRA

    Simply be prepared then and have all your documents to hand and ready to refer to.....there is nothing further to add advice wise.

    Best of luck...let us know how you get on...good or bad.


    Andy

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  10. #70
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    Default Re: Amazon faulty laptop from USA - issing court claim under CRA

    Update on this. The case was dismissed on a contractual law point that Amazonicon was not a party to the contract.

    I'm slightly disappointed that the conduct of Amazon by not responding to the Orders and Pre Action Protocol was not mentioned. The Solicitor who wrote the witness statement did not attend but this was not raised either.

    However the judge did offer some remarks in her judgement. She believed that any replacement item supplied by a market place seller would reset the 90 day clock for the Amazon A-Z guarentee. She also thought that although the seller was pretending to be a UK company that she was unable to do much about this. She was also "frustrated for the claimant" that this whole event has happened and various misunderstandings took place. Then went on to reassure me that I could not have done more.

    Moving forward the judge advised me that I should file proceedings against HI Devolution, the market place seller themselves. She believes as I am in the UK, as they were selling goods on a UK website and pretending to be a UK company, that they accepted jurisdiction of UK Law.

    So I have today sent of another lbaicon to HI Devolution and also emailed them a copy on their ticket system. I doubt I'll get a reply. I have also contacted Amazon again and requested what terms and conditions the seller is bound by and whether they have accepted UK Jurisdiction in their agreements or not.

    On a side note I do want to sau I thought that Salisbury Law Courts accommodated my disability perfectly, they could not have been more helpful. The Judge requested that the Usher show me the inside of the court room and explain the process before the start of the hearing. Also showed me where the toilets were. The Usher also asked if she wanted me to sit in and act as a "go between" incase I needed to excuse myself from the room. I declined this. During the hearing which went on for about 90 minutes, I needed to excuse myself 50 minutes in and it was as if nothing happened.

    Amazon also did not seek any costs.

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  11. #71

    Default Re: Amazon faulty laptop from USA - issing court claim under CRA

    Frustrated with the claimant ? Surely defendant.

    Andy

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  12. #72

    Default

    Quote Originally Posted by nuclearshark View Post
    She was also "frustrated for the claimant" that this whole event has happened and various misunderstandings took place. Then went on to reassure me that I could not have done more.
    Quote Originally Posted by Andyorch View Post
    Frustrated with the claimant ? Surely defendant.

    Andy
    "frustrated for the claimant". So, “for” : claimant is correct


  13. #73
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    Default Re: Amazon faulty laptop from USA - issing court claim under CRA

    BazzaS is correct.

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  14. #74
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    Default Re: Amazon faulty laptop from USA - issing court claim under CRA

    I've had an email from the distributor this afternoon. They are willing to pay the delivery fee of £91.10 but are now expecting any repairs to be paid for as the product is out of warranty.

    They also stated that physical damage and defects are not covered under any warranty at all whether expired or not.

    I wrote to them and gave them 14 days to respond, but as they have now responded in an unsatisfactory manner (Saw that coming!) could I fire off the claim before those 14 days are up? Or is it best to wait until then?

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