Defending a small claim raised by eBay buyer

[michelle_hutch]

Hi,

 

I'm unsure where I may need to post this question so took a stab at this section of the forum... I hope someone can help.

 

A bit of history, my partner sold an item on eBay using my account, buyer collected the item and left. We then got an email saying there was a problem, we offered a refund after a bit of investigation but he refused to return the item to us, saying we should collect it from him... he lives 200 miles away. This went on for some time beore he instructed eBay to resolve the case. They awarded the case in his favour and told him to return the goods for a full refund, as we had originally asked. He failed to do this within the timeframe specified so eBay closed the case.

 

Since then we haven't heard from him until yesterday when we both recieved a 'Judgment for Claimant' from Northampton County Count for failing to respond to the Claim Form. Neither of us has ever recieved a Claim Form to repond to!

 

So my questions is, can I get this judgment set aside and get the chance to defend this claim? I'm reluctant to pay it in full as he is trying to claim twice what he paid for the item and I have't seen a breakdown of what he's trying to claim. Also, can the judgement be registered to both my partner and I, surely he can only claim against one person?

 

As from the begining he's welcome to a full refund providing he returns the goods, otherwise I'm out of pocket all round... can this be dealt with in court. It doesn't seem like a court dispute to me, something we could have discussed in mediation perhaps but he's going all guns blazing because he's not getting his own way. Very childish!

 

Thanks for reading, all help gratefully received.

 

M.

[johnvernon74]

You can get the notice set aside. Theres a form to complete and Im sure someone with more knowledge will comment soon.

[raydetinu]

yep get it set aside ( contact court for form ) and defend on basis of you were willing to abide by ebay rules and offered refund but he did not comply.

[Ganymede]

You need to contact a site administrator and have your thread moved to the Legal Issues section...

[IdaInFife]

Moved thread to legal issues

[michelle_hutch]

Thanks for your help.

 

There is something odd about the whole thing really... I have noticed that the date of the Judgement for Claimant is 26/07/2012 yet this didn't arrive until 03/08/2012. Surely something this important would be delivered promptly?

 

I'm really getting worried about this, I don't think he has much of a case really but I can't help but worry. I've never had to deal with anything like this before and it's all a bit daunting. I will call the court tomorrow and ask for the forms... I have done a bit of research and I think it's a N244 I need but i'll get that confirmed, unless anyone knows for sure?

[michelle_hutch]

Good Morning.

 

Can anyone help me filling in the claim form? I pressume I am the defendant and I am asking the court to set this jusgement aside on the basis of non receipt of claims form, therefore not being given the opportunity to make a defence and willing to abide by eBay rules but Claimant not doing so. I have an email of the conversation between us and the Claimant and the offer which I made him but he ignored. Should i send a copy of this as evidence?

 

Also, as both myself and my partner have received a 'Judement for Claimant' do we both need to make an application to have this set aside and pay 2 lots of application fees?

 

Thanks.

[AndyOrch]

" Also, as both myself and my partner have received a 'Judement for Claimant' do we both need to make an application to have this set aside and pay 2 lots of application fees? "

 

Yes michelle.