Small Claims - Unexplained Order

[happy12]

Hi

 

Hope that someone can help me here. In short, made a claim against another party for monies owed to me as a result of an item belonging to myself that was used in part-exchange by the other party for another item - the other party made a cash contribution. The item that the other party bought has subsequently sold the item.

 

My claim is that I am asking for the value of my contribution back - which also includes interest outstanding for 18 months. The other party has confirmed in their defence of the amount of the part-exchange value but does not believe they have to pay me anything.

 

The case was transferred to local court - now either I am being totally stupid but I thought my claim was fairly self explanatory but the District Judge has said that I am to provide clear details of my claim - in his words a 'coherent case'.

 

Please can somebody clarify whether or not I can legally claim for the value of my contribution and how on earth I can make my case more coherent.

 

I fail to understand what the blinking hell the Judge is talking about!

 

Many thanks

[asokn]

I have to say that I'm struggling to work out what your claim is for! Could you type up the PoC an any other statements of case you have produced so we can see what the judge has seen?

 

When does the order need to complied with?

[MARTIN3030]

Agreed,we need to see the POCS and what laws/Statute you are relying on for the claim.

The burden falls on you to prove that you have cause of action.

It is likely that your further submissions will be looked at by a case management/directions hearing.

[brokebutnotbeatn]

So - your friend bought an item using cash (theirs) and something else in part exchange (yours). They subsequently sold the item they purchased for more money than they paid for it. You are therefore claiming a pro-rata proportion of the profit they made plus interest?

[happy12]

Well done Brokenbutnotbeatn - you got it in one

 

POC = can somebody please speak ENGLISH - it would be helpful - then I could possibly respond

[asokn]

POC = can somebody please speak ENGLISH - it would be helpful - then I could possibly respond

 

There's no need to shout, it is a rather rude response to those who freely give their time and legal knowledge to you.

 

PoC is Particulars of Claim. You should have done one when you completed the claim form or shortly thereafter.

[brokebutnotbeatn]

POC = Particulars Of Claim. i.e. put here verbatim what your POC was and the guys will be able to advise. I may have got it, but a judge will not put that thinking in place. Plus these guys are extremely knowledgable and give the benefit of their advice for free whilst leading busy lives elsewhere. in other words, they are not obliged to respond to you...if you click on 'POC' in the posts there is an explanation of what the term means. Let's see what your POC actually says. if it isn't clear, make it clear.

[happy12]

Excuse me asokn I am not shouting and neither am I being rude - in fact quite the opposite. I find your response both aggressive and quite demeaning

 

Unfortunately I am not as well educated in this procedure - this is the first time I have ever had to take anybody to court to get back what is mine - clearly you have far more experience.

 

If you cannot be polite in your response - then please do not bother!

[asokn]

Speaking in capitals is universally considered to be shouting.

 

As it appears that I can not give you replies in the manner you desire I will comment no further on this thread. I will say that I can not understand how on Earth you have managed to overreact to such an extreme degree to my attempts to help you.

[brokebutnotbeatn]

Actually, the guys here are very versed in defending the rights of people being taken to court by other people claiming they owe money when they don't have proof that they do. So, last chance saloon. As a claimant the burden of proof of debt is on you (not the defendant) so...do you have anything (email, letter, signed agreement) that shows this was the intent of your providing the part exchange item OR is it your 'word' against theirs? And finally, what EXACTLY did you put in your POC - verbatim.

[assisted blonde]

If the district judge cant understand it then it must need clarifying as they are quite used to looking through complicated forms.