Claim Form (false Particulars)

[dragonsunset]

Hi,

 

I was wondering if someone can help.

 

I have spent some time on the site gathering information but I am now lost with the problem I have.

 

I have been issued with a Claim Form for the amount of £1270.00.

I have already responded to the claim form and

after reading on this site I understand that the claimant is not following the process correctly.

 

In brief

 

 

the claimant is saying that I did not return a laptop that I purchased from him via ebay

he asked for the item to be returned and I did,

 

 

he claims that I had the parcel re directed to my address and then subsequently I was issued a refund from PayPal, therefore committing fraud.

 

He also claims that Paypal have evidence that I redirected the parcel and that this evidence was handed over to the police.

This I know to not be true, paypal refunded me the money and they also rejected his appeal.

 

I have proof on so many of his points that I know I can defend this claim.

 

 

• I was not in the UK on the date of the delivery. (Working in Germany)
  
• My signature is not the one on the delivery note.
  
• the recipient was a MRS B (I am a male)
  
• DHL tracking shows the parcel being redirected by the recipient (the claimant).
  

 

 

The point I require help on is that he did not inform me in writing that he was submitting the claim,

(am I correct in assuming that he should have?)

 

Secondly

when I purchased the laptop i received a VAT invoice from a company for the laptop,

however I believe that the claimant has logged the claim under his name as apposed to the company name.

(i also understand this to be incorrect?)

 

I suspect he is trying to intimidate me and would like to know if I can simply have this claim struck off due to the above points?

 

Thanks in advance.

[citizenB]

Pre action protocol does require a letter before action (as I understand it) You will find all the information you require in the link below.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/protocol

 

This will be a small claims action and therefore costs will be limited unless one party is found to be unreasonable. From what you are saying, it would look as though the claimant is chancing his luck.

 

If you are able to prove all your points, then I don't see you will have any problems defending.

 

Was this a Money Claim (MCOL) and have you simply acknowledged the claim at this point or have you actually submitted a defence ?

 

I will ask others on the site team to look in on you as well. That might be later on today / tomorrow.

[dragonsunset]

Firstly, CitizenB I appreciate your help and time, so a thousand thanks!

 

Yes this was a MCOL.

 

I have defended because of time.

 

Yes I agree he is taking a chance, but really he is being malicious, I work and live most of my time in Germany, visiting my UK address infrequently the claimant knows this and to my surprise I found a claim from in the post this thursday and I luckily only had until monday to reply so I have defended the claim i wish I had more time so I could have used advice from this site.

 

I did address the points in his particulars and added additional point like mentioned in my post above. But I wish I could have added the pre action protocol and the fact this claim should be from the UK company not him.

 

On saturday i received the directions questionnaire, i have filled this out and will post on monday

 

A1, YES

C1, YES

D2, NO

D3, 1

 

Because he has not followed the pre-action protocol, how do I go about using this as a defence point?

 

Would i need to wait until the hearing? or would it be better to defend the claim based on evidence on the particulars rather than on a technicality of process?

 

thanks in advance.

Edited October 5, 2014 by dragonsunset

[citizenB]

Your defence should respond to the actual claim points - which you appear to have done. You will be given the opportunity to expand in a witness statement nearer the time any court date is set. If the court doesn't mention this, I think you can submit one anyway as long as it is with the court and the claimant 14 days prior to the hearing.

 

It could be that having seen your defence, he might well discontinue before it gets that far.

 

The claimant can refute the points you have made if he wants to and you again, have the opportunity to respond to that. The court does like the parties to try and resolve things before it gets to court - they might even suggest mediation (there are mixed views on that). I am sure andyorch and others will look in and give their more experienced views on how you can proceed given that you have already submitted your defence.

[AndyOrch]

Thread moved to the correct forum.

 

Dragon if you could type out their particulars verbatim and the defence you submitted...would be of great assistance.

 

Andy