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Help Small Claim Court


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My Girlfriend is being taken to a small claim Court ..

 

My G/f was selling some puppies ... and agreed to hold a puppy for a person on receipt of a £300 deposit... this was agreed via email...

 

Unlass we did not receive any money and then sold the puppy to another buyer..

When the original buyer contact it us , we said we have not received any money and therefore have now sold the puppy to anther person.. We did offer her a different puppy but because it was female she refused

 

Now the original buyer claims we have a contact with her and is now pursuing costs and damages against us via small claim court ...

 

What defines whether a contact exists or not? i.e does she have a validate claim against us

 

Mick

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was it a verbal agreement? if so it is her word against yours, if the verbal agreement required the buyer to lodge a deposit and they did not then they broke the agreement first, end of, tell them to get lost

 

Oops just read it was via email, but the premise is the same did she agree to pay a deposit?

PGH7447

 

 

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her word against yours, cant see it going anywhere. call her bluff

 

PS - you might want to lose the email on the first post

PGH7447

 

 

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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her word against yours, cant see it going anywhere. call her bluff

 

PS - you might want to lose the email on the first post

 

Agreed.

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I can't see how she can make the claim .. but she already sent the Claim court papers .. so going to have to defend it..

 

I mean if you really wanted the puppy.. you would think she would have done bank transfer or record deleviry or something .. instead of just saying she send a cheque in the post

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I can't see how she can make the claim .. but she already sent the Claim court papers .. so going to have to defend it..

 

I mean if you really wanted the puppy.. you would think she would have done bank transfer or record deleviry or something .. instead of just saying she send a cheque in the post

 

What are the "Particulars of Claim". Anyone else think there is a [problem] here?

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She said that she had to get another puppy from liverpool hence was extra cost for her .. so she is trying to claim the cost ,

Compensation , fee for cancelling the so call sent cheque and load of stuff around £2000 ..

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Hi Micky.

 

I'm going to move this thread into the debt forum where you will get the advice that you need.

 

Regards, Rooster.

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She said that she had to get another puppy from liverpool hence was extra cost for her .. so she is trying to claim the cost ,

Compensation , fee for cancelling the so call sent cheque and load of stuff around £2000 ..

 

This really does sound like a [problem], if you can be precise exactly what does it say in the Particulars of Claim, or can you scan it (remove personal details) and post it up for us to see.

 

Which court has issued the claim, and on what date?

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She said she sent it but we did not Receive anything ...

 

So why are you only being sued for costs rather than the deposit they claim they paid plus costs...?

 

Have to agree, this has [problem] written all over it...

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it's been issued by Weymouth Magistrates' Court will try and scan the documents in over the weekend and post them. She must think just has a case as she spent £50 to purse the case though the courts..

sorry just can't see how ... we stated clearly receipt of a £300 deposit..

 

Just emailing saying posted a cheque isn't a receipt of deposit..

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What date????

 

Don't speak to her yet, or email. This is now a matter for the County Court.

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I can't see how she can make the claim .. but she already sent the Claim court papers .. so going to have to defend it..

 

I mean if you really wanted the puppy.. you would think she would have done bank transfer or record deleviry or something .. instead of just saying she send a cheque in the post

 

I see that she is saying that she has had to cancel the cheque, this could be seen as an admission that she acknowledges that you never received it. If you never received it, can she prove she sent it... Registered/Recorded post..? If she acknowledges that you never received it, it would be fair would it not to concur that you had the right to mitigate your loss, hence, sell the puppy to another buyer...

 

Good luck with this! :D

 

Regards, Dave.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

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all she said was she will put the cheque in the post .. we never got it and certainly never sign any thing so doubt that she sent it either registed or recorded..

 

Will update this post as the case goes to court .. I just think she trying it on ...did say to my G/F counter claim .. but she just wants to draw a line under the whole thing.

 

Once we have replied to the court .. does it then go to a judge to decide to process with the case ?

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it's been issued by Weymouth Magistrates' Court

 

Woahh...! Are U sure..?? MAGISTRATES COURT... ??

 

This would infer Criminal Proceedings..!!

 

Methinks you need to upload a scan of the PoC.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

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What is the date of the claim, top right hand corner?

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I think its true to say that you wouldn't have recieved the deposit until the cheque had been paid into your bank and cleared. If it had cleared it would show up on their bank statement. Perhaps you need tp ask for proof that the cheque was paid as well as proof that it was received

Steven

 

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apply to have the claim struck out pursuant to CPR 3.4(2)(a)

 

this is an abuse of the process and is a complete waste of the courts time, no contract exists period;)

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  • 2 weeks later...

Sorry my mistake it was Weymouth country court .. we just had a letter from the court saying they got our defence forms and have now transfer the case to local court Hitchin ...

Hopefully will get the case details scan tomorrow and posted

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Just a quick question .. as I said the case has been transfered to Hitchin Country court and they said us a questionaire to fill in ...

 

I would like to put ... I would like apply to have the claim struck out pursuant to CPR 3.4(2)(a) as there is no contact

 

does this sound OK ?

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As said the case has been transfered to Hitchin Court and they sent us a questionarie

 

I would like to put on the questionarie ...

 

I wish to apply to have the claim struck out pursuant to CPR 3.4(2)(a) as no contact

 

Does this sound OK ? or should I word it in another way ?

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What do you mean by 'no contact'?

 

CPR 3.4(2)(a) allows a strike out on the grounds that a statment of case shows no reasonable ground for bringing or defending the case.

Steven

 

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Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

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Sorry I see what you mean ..

....

I wish the court to review the case to see if it falls under CPR 3.4(2)(a)

 

CPR 3.4(2)(a) allows a strike out on the grounds that a statment of case shows no reasonable ground for bringing or defending the case.

....

does that sound OK ?

 

 

 

I have upload the case details .. I thought the lady was trying to reclaim all the money for another puppy but she trying to claim for £300 ...

 

I also pointed out to her on the 15 April that she was emailing me and not the girlfriend ..and that I would be out of the country for few days so she should contact my G/F direct by phone .. which she did not do ...

 

Lasty I think I pointed out .. we did offer her a alterative puppy at reduced cost .. but because it was female she refused ..

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