I beg to differ thank you so much for all your help

I am filing claim now should i put d b retail ltd and d b does this cost me more in the long run being 2 defendants, also do i use companies house address or the one i have been sending post too ? many thanks

Can you hold off for now. I have alerted Andyorch to pop in and give advice in filing the Particulars Of Claim (POC).

As far as I am aware, toy should put both names but with a 'also trading as' between the two.

Keep the POC short and make sure that you include all costs of the bike including delivery costs. Also find out what the filing fee is and include that separately.

I feel that direct bikes will not want their terms and conditions scrutinised in a court as they would likely be unlawful.

Step 4) Defendant details

A defendant is the person or organisation that the claim will be issued against (i.e. the party who owes you the money).

You should consider the following:

a) Number of Defendants

There can be up to two defendants for claims issued via MCOL – for claims against more than two defendants you should contact the County Court Money Claim Centre. If you want to issue a claim with two defendants you will need to click the ‘Add a 2nd defendant’ button. Please note that each individual should be listed as a separate defendant. For example, if you were issuing a claim against a husband and wife, they need to be listed separately as the first and second defendant and not on one line as “Mr and Mrs”.

b) Choosing the Defendant(s)

Each defendant can be one person or an organisation (such as a limited company).Remember, amendments after issuing the claim can be time consuming and may incur additional fees, so you should consider carefully who is responsible for the debt when adding a defendant(s).

A sole trader is an individual and not an organisation. To enter a sole trader as a defendant, select ‘Individual’. In the ‘Surname’ box type their surname followed by either ‘T/A’ or ‘trading as’ and then their trading alias (you will also need to provide their forename / title in the relevant fields).

Please note, court staff are not legally trained and therefore cannot tell you who the defendant(s) should be. If you are unsure who to claim against you should seek legal advice.

You should make sure the information you provide is accurate and complete. For any individual defendants you should make sure that you include their forename and family name and that you have spelt their name correctly.

For organisations, you should make sure you have the full, registered name of the company. Please be aware there may be several companies with similar names therefore if the name you provide is incorrect you could inadvertently issue a claim against the wrong company. Please be aware if you use the incorrect name it may not be possible to register judgments or take enforcement action at the later stages of the claim.

Great thank you. Will keep you posted.

Hi all

Last day of small claims court he decides to enter a defence as below !

The claimant has already been advised by email by the defendant

that it is her responsibility to check goods before signing

receipt. Signing for the goods 'unchecked' or similar does not

release you from the responsibility of checking the goods for

damage or shortage.

The terms and conditions clearly state

•

12.2. If the Goods have been damaged or shortage upon receipt, you

are required to check the goods before signing receipt. If the

goods are damaged or there is a shortage you are required to sign

for the goods stating on the delivery note the damage or shortage

or refuse the goods. Signing for the goods 'unchecked' or similar

does not release you from the responsibility of checking the goods

for damage or shortage. You agree to notify us of that damage /

shortage in writing by recorded delivery to our contact address

set out in clause 1 or by email to [email protected], and in

each case you agree to send that notification within 48 Hours of the delivery of the goods in question.

It is not possible to purchase from the defendant without prior

agreeing to the terms and conditions of sale

The goods have been damaged after receipt of which the defendant

is not liable.

Direct Bikes Ltd is not a defendant in this case as does not trade

under Direct Bikes Retail Limited. The contract of sale is with

Direct Bikes Retail Ltd. only.

Any ideas what to do now and how to proceed. He also has a new address to add to his portfolio.

Hi. I expect people will be along to comment on the latest development.

What is the address of Direct Bikes Retail please? I get a bit lost with this guy's various companies.

HB

hi HB

thanks

regina house

124 finchley road ?

Thank you.

Could you remind us which company the original invoice was from please?

HB

of course it was direct bikes retail ltd

Under the Consumer Rights Act you have 30 days to reject....write to them formally rejecting the product under the Consumer Rights Act. (I assume you already have by email )

Unfortunately his T&Cs do not override Law...and The Consumer Rights Act......as above......notify the court you wish to proceed by following the directions enclosed with the copy of the defendant’s response.

If you have been sent a questionnaire to complete this must be returned by the date specified.

Andy

Hi and thank you for your prompt response.

I have checked mcol and cannot see anything attached to the pdf defence file ?

it says that today dq has been sent to direct bikes

what is that a questionnaire ?.

How do i respond to the defence

do i await a questionnaire or phone them to see how to file my response ?

sorry i feel a bit lost:???:.

Many Thanks.

They should have sent you a DQ (Directions Questionnaire N180) with the defendants defence for you to complete...unless its on its way.

We have a copy here ......

https://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

But ring the Court and inform them you wish to proceed with your claim.

Andy

you will be responding in your witness statement.

await the N180.

Hi great thank you will await the form.

Hi all sorry to have gone so quiet, have been awaiting paperwork etc from small claims I am in the final stages of our claim and have a hearing date wahoo. cant believe it has gone this far just after some advice as to what/ how to write the witness statement ?. Kind regards

Have you uploaded your particulars of claim final draft ?