my claim struck out, item buyer lied to ebay/paypal stated item faulty

[MathewLisett]

im baffled and shocked that this claim has just been struck out and can only imagine that the judge

(case was heard without a hearing) that they were having a bad day or it was their first day doing the job.

 

just now ive received a judgement of order thats stated my claim has been struck out pursuant to CPR 3.4(2)(a) in that it discloses no reasonable grounds for bringing the claim.

 

in short my claim was becxuase the buyer of an item i was seller lied to ebay and paypal and stated the item was faulty. in short i proved it wasnt faulty and also proved that their defense was full of lies and gave evidence showing.

 

not only did they lie to ebay/paypal but also in their defense.

and somehow my claim has been struck out.

 

since the order doesnt state how to get it going again and also doesnt explain what aside,vary or stayed means or what i form i need to fil in .

 

im at a loss and ive been given only 7 days to apply.

 

im guessing its the n244 form? but other than that i havent a clue how to get this case going again .

[AndyOrch]

Can we see a copy of your particulars Mathew...verbatim

 

Andy

[MathewLisett]

I assume you mean the order that states its been struck out.

[AndyOrch]

No the particulars of your claim ...the reason for suing the defendant.

[MathewLisett]

the inital start of the claim

 

"Like anythign i sell via ebay or anywhere else for that matter, i give an accurate descirption and provide pictures. This buyer decided that after reciving the item they would place a false claim stating it didnt work and that they had already taken it to a pc shop who declared it not working. At no point did the buyer produce any evidence as i had requested and they wer ealso not interested in tryign to resolve this matter as it could have been a bios issue. So when i recived the said item back, i sent to to the original retailer i bought it from via RMA process and they declared it full working and returned it to me.

 

I believe the buyers claim and actions against the product and myself were fruadulent and should be treated as such. "

 

then as part of the evidence which i cant show is the email from the rma process from the retailer who clearly state that the item is in fully working order and zero items are defective.

 

and then as part of the evidence against their defense was the following (minus the screen shots)

 

"1.

in their defence, which I believe was never stated in their messages because if it was I could have told them it’s the REASON it wouldn’t work on the board, his graphics card was a PCIX.

And just in case the defendant tries to state im wrong, and just so the court can see for themselves that I could have easily of sorted this issue out within the first few messages (but I still wouldn’t have given a refund)

 

https://en.wikipedia.org/wiki/PCI-X#Mixing_of_32-bit_and_64-bit_PCI_cards_in_different_width_slots

which states the following:

“PCI-X is often confused by name with similar-sounding PCI Express, commonly abbreviated as PCI-E or PCIe, although the cards themselves are totally incompatible and look different. While they are both high-speed computer buses for internal peripherals, they differ in many ways. The first is that PCI-X is a 64-bit parallel interface that is backward compatible with 32-bit PCI devices. PCIe is a serial point-to-point connection with a different physical interface that was designed to supersede both PCI and PCI-X.”

in other words, there’s no chance either their card or the board would work with each other, so much so that the pcix card stopped being in production around 2003 which also meant that type of card had no hope of fitting and working on any motherboard in the last 10 years. And the defendants own words shows they hold a serious lack of computer/ IT knowledge.

The computer shops that they claim to have taken it to, if those shops had reported the board as not working even with the pcix card, I highly question the shops ability and knowledge of IT parts or how it works and I also highly question the legitimacy of any report they provide as evidence.

 

2.

The defendant states that the court can request the information from eBay for the evidence against me saying that I did in fact accept returns. Unfortunately for the defendant I detest anybody calling me a liar and that’s why I contacted eBay to get my own evidence to prove they are yet again not telling the truth

 

I am however unable sadly to gain the buyers evidence they supposedly gave to ebay as ebay have stated its against privacy and data protection act for them to give it to me but will do on the orders of the court. I have however been told by email that the address the court would need to communicate with is Legal notices shall be served by registered mail to eBay Europe S.à r.l. (ref: eBay.co.uk), 22-24 Boulevard Royal, L-2449 Luxembourg via http://pages.ebay.co.uk/help/policies/user-agreement.html#general

 

3.

The defendant states the amount of money asked is a “ridiculous sum of compensation”. I consider just like I believe the courts do, that fraud is a serious matter. I personally considering £1000 was the correct amount at the time and still do.

 

4.

They state they gave all the evidence to eBay yet failed in all accounts to show me evidence, especially when I was spending time to try help the situation as I do with everybody that buys computer parts, as an example I had a previous buyer who complained their motherboard didn’t work, it turned out that he didn’t do his research and later found it was his mistake by installing the wrong cpu. And that’s why I don’t mind helping as sometimes mistakes can be made on either side.

The defendant also tries to take a cheap shot at the way my legal warning letter was done, I would have expected better from another human being but I guess this person’s attitude is shown from the first moment of the motherboard issues and continues on, and his own defence notes have issues. “I thought it was a scary as the letter was so poorly written,” what’s “a scary”? Given the fact im dyslexia and have issues a lot of the time, I make it a point to not be childish and pick on issues like this but since the defendant choose to do this in a court document I have felt it right to defend.

The defendant has tried to paint a bad picture of me by stating ive missed out the all-important screen shot of ebay saying I owe him the refund, firstly as shown in my new evidence, I didn’t get that into my yahoo email box (via its date).

 

Yet why would this matter when the refund was given in full after paypal and ebay finally allowed me to?, Also when they have provided a screen shot as evidence, the only bit (I can barely see it due to somebody not checking the copied print out as it obviously didn’t scan/print properly) he must be going on about me stating the funds were in the paypal account, yet I had explained to the defendant that even when I tried I was unable to process the refund as paypal themselves were not allowing it to happen via its system, and it was just by chance when I pressed the button again I think the following days after that it worked.

 

 

5.

The defendant states I made no contact and expressed no concern until 4 months later? Well that’s what happens when you are a 24/7 full time carer and I certainly don’t jump through hoops to people that defraud me. However, with this being said, I decided that with the attitude of the defendant, I thought it was the wisest move to not continue communication and instead like I had done throughout the whole process and that’s talk to ebay about the issues, that’s why and when I filled a complaint about the buyer.

The defendant also showed a flippant and defiant attitude when they received my warning letter, a letter of which I believe is advised to do before taking somebody to court. They decided to ignore the letter and not even reach out to resolve matters and have now decided to try use it against me.

 

6.

The motherboard was full tested by IT professionals and not myself as I didn’t want the results questioned because I don’t hold any qualifications in the matter. I have given evidence showing the board was in fully working order when I sold the board and when the IT professionals had it for testing. And I reiterate, there was nothing wrong with this board and it was a fully working board when I was previously using it just before the sale.

 

Final thoughts:

I hope the defendant and the court can see that I have given good evidence that backs my claims and unfortunately proves even in defendant’s defence they have lied; I hope with this being said that they won’t waste the courts time. If, however they still feel the need to defend their actions even with the evidence given and be seen in court then so be it.

"

 

and since then ive had notices stating the case would be heard at a certain court, and then suddenly i receive this today.

[AndyOrch]

Deal with their response after I see your particulars of claim...what did you type into your N1 claim as your reasons for claiming.....(you can only fit 8050 characters in the box).

 

I am trying to see what you have done wrong for a court to decide to strike out your claim without any hearing.

[MathewLisett]

the first part that ive shown is a copy and paste from the claim.

 

yeah im trying to figure what ive done wrogn aswell as to me what ive produced and what the defendant has stated in their defence would be a slam dunk for a judgment in my favour.

 

im going to have to track down the previous notice about it going to another court as im sure it didnt dsay without a hearing, but even so ive only got a few days to fill for the laim to be brought back to life.

[AndyOrch]

I cant work out from above what are particulars or defence...just type it out here exacly as it is on the N1 ...verbatim.

[MathewLisett]

well ive stated whats happened, but sadly becuase this site has suddenly not giving me an edit tab so i cna go back and make sections in bold etc so you can clearly see what parts are what.... i cant really help any further as ive given exactly whats been said.

 

and what on earth is a N1?

 

START OF THE CLAIM

 

the inital start of the claim

 

"Like anythign i sell via ebay or anywhere else for that matter, i give an accurate descirption and provide pictures. This buyer decided that after reciving the item they would place a false claim stating it didnt work and that they had already taken it to a pc shop who declared it not working. At no point did the buyer produce any evidence as i had requested and they wer ealso not interested in tryign to resolve this matter as it could have been a bios issue. So when i recived the said item back, i sent to to the original retailer i bought it from via RMA process and they declared it full working and returned it to me.

 

I believe the buyers claim and actions against the product and myself were fruadulent and should be treated as such. "

[MathewLisett]

THEN MY RESPONSE TO THEIR DEFENCE

 

then as part of the evidence which i cant show is the email from the rma process from the retailer who clearly state that the item is in fully working order and zero items are defective.

 

and then as part of the evidence against their defense was the following (minus the screen shots)

 

"1.

in their defence, which I believe was never stated in their messages because if it was I could have told them it’s the REASON it wouldn’t work on the board, his graphics card was a PCIX.

And just in case the defendant tries to state im wrong, and just so the court can see for themselves that I could have easily of sorted this issue out within the first few messages (but I still wouldn’t have given a refund)

 

https://en.wikipedia.org/wiki/PCI-X#...nt_width_slots

which states the following:

“PCI-X is often confused by name with similar-sounding PCI Express, commonly abbreviated as PCI-E or PCIe, although the cards themselves are totally incompatible and look different. While they are both high-speed computer buses for internal peripherals, they differ in many ways. The first is that PCI-X is a 64-bit parallel interface that is backward compatible with 32-bit PCI devices. PCIe is a serial point-to-point connection with a different physical interface that was designed to supersede both PCI and PCI-X.”

in other words, there’s no chance either their card or the board would work with each other, so much so that the pcix card stopped being in production around 2003 which also meant that type of card had no hope of fitting and working on any motherboard in the last 10 years. And the defendants own words shows they hold a serious lack of computer/ IT knowledge.

The computer shops that they claim to have taken it to, if those shops had reported the board as not working even with the pcix card, I highly question the shops ability and knowledge of IT parts or how it works and I also highly question the legitimacy of any report they provide as evidence.

 

2.

The defendant states that the court can request the information from eBay for the evidence against me saying that I did in fact accept returns. Unfortunately for the defendant I detest anybody calling me a liar and that’s why I contacted eBay to get my own evidence to prove they are yet again not telling the truth

 

I am however unable sadly to gain the buyers evidence they supposedly gave to ebay as ebay have stated its against privacy and data protection act for them to give it to me but will do on the orders of the court. I have however been told by email that the address the court would need to communicate with is Legal notices shall be served by registered mail to eBay Europe S.à r.l. (ref: eBay.co.uk), 22-24 Boulevard Royal, L-2449 Luxembourg via http://pages.ebay.co.uk/help/policie...t.html#general

 

3.

The defendant states the amount of money asked is a “ridiculous sum of compensation”. I consider just like I believe the courts do, that fraud is a serious matter. I personally considering £1000 was the correct amount at the time and still do.

 

4.

They state they gave all the evidence to eBay yet failed in all accounts to show me evidence, especially when I was spending time to try help the situation as I do with everybody that buys computer parts, as an example I had a previous buyer who complained their motherboard didn’t work, it turned out that he didn’t do his research and later found it was his mistake by installing the wrong cpu. And that’s why I don’t mind helping as sometimes mistakes can be made on either side.

The defendant also tries to take a cheap shot at the way my legal warning letter was done, I would have expected better from another human being but I guess this person’s attitude is shown from the first moment of the motherboard issues and continues on, and his own defence notes have issues. “I thought it was a scary as the letter was so poorly written,” what’s “a scary”? Given the fact im dyslexia and have issues a lot of the time, I make it a point to not be childish and pick on issues like this but since the defendant choose to do this in a court document I have felt it right to defend.

The defendant has tried to paint a bad picture of me by stating ive missed out the all-important screen shot of ebay saying I owe him the refund, firstly as shown in my new evidence, I didn’t get that into my yahoo email box (via its date).

 

Yet why would this matter when the refund was given in full after paypal and ebay finally allowed me to?, Also when they have provided a screen shot as evidence, the only bit (I can barely see it due to somebody not checking the copied print out as it obviously didn’t scan/print properly) he must be going on about me stating the funds were in the paypal account, yet I had explained to the defendant that even when I tried I was unable to process the refund as paypal themselves were not allowing it to happen via its system, and it was just by chance when I pressed the button again I think the following days after that it worked.

 

 

5.

The defendant states I made no contact and expressed no concern until 4 months later? Well that’s what happens when you are a 24/7 full time carer and I certainly don’t jump through hoops to people that defraud me. However, with this being said, I decided that with the attitude of the defendant, I thought it was the wisest move to not continue communication and instead like I had done throughout the whole process and that’s talk to ebay about the issues, that’s why and when I filled a complaint about the buyer.

The defendant also showed a flippant and defiant attitude when they received my warning letter, a letter of which I believe is advised to do before taking somebody to court. They decided to ignore the letter and not even reach out to resolve matters and have now decided to try use it against me.

 

6.

The motherboard was full tested by IT professionals and not myself as I didn’t want the results questioned because I don’t hold any qualifications in the matter. I have given evidence showing the board was in fully working order when I sold the board and when the IT professionals had it for testing. And I reiterate, there was nothing wrong with this board and it was a fully working board when I was previously using it just before the sale.

 

Final thoughts:

I hope the defendant and the court can see that I have given good evidence that backs my claims and unfortunately proves even in defendant’s defence they have lied; I hope with this being said that they won’t waste the courts time. If, however they still feel the need to defend their actions even with the evidence given and be seen in court then so be it.

"

[AndyOrch]

An N1 is a claim form..either submitted through Northampton CCBC MCOL or manually through Salford CCmCC.

 

Okay looking at the above if that is all you entered as your claim..it is not legally compliant or CPR (Civil Procedure Rules compliant)

 

A PoC (Particulars of Claim) should be succinct state the nature of your loss and the what you want the court to do to rectify your loss

 

See here....

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07

 

I think you need to start again redraft your particulars before considering any further expense in setting a side.....to resubmit the above will end in the same result.....struck out....again.

[MathewLisett]

no offense but a lot of the words your using i have no idea what they mean, i know your using legal words but considering many of us dont understand them could you please use "english"

 

and what part of my claim isnt legally complaint?

 

so i should also be stated breach of contract as part of fruad?

 

oh and i do pay any fees.

 

so since i have "7 days" what and how to i apply, as im assuming i can not do a new claim since this claim is still open.

 

and since i had only been told the case was being transferred until further notice and yet i get this order today.

[AndyOrch]

Apologies I did try to post as simple as possible..there is no legal jargon above all simple clear English.

 

Your particulars of claim have not been written a compliant way that the court expects.....normal claims usually consist of 3/4 paragraphs.

 

Here is a an example for defective goods

 

IN THE [TOWN] COUNTY COURT CASE No.

BETWEEN

[iVOR PROBLEM] Claimant

AND

[DODGY CARS LIMITED] Defendant

 

PARTICULARS OF CLAIM

 

1.On or around 22.09.20.... the Defendant agreed to sell and the Claimant agreed to buy a Ford Escort motor car registration number X100 ABC which was offered for sale by the Defendant in his capacity as a motor dealer.

 

2.In the course of negotiations the Defendant represented that the car had:

a) Recently passed an M.O.T.

b) Had a new engine fitted recently.

 

3.The Claimant relied on these representations and entered into a written agreement with the Defendant dated 22.09.20.... No.6789 to buy the car at the cost of £1,500. The agreement was signed at the Defendant's premises.

 

4.It was an express condition of the agreement that the car had passed an M.O.T. and had a newly fitted engine.

 

5.It was also an implied condition of the agreement that the car would run and the Claimant would be able to operate the car.

 

6.The representations were false and the Defendant was in breach of the express and implied conditions of the agreement in that:

a) The car had not passed an M.O.T. and the M.O.T. certificate had been falsified.

b) No new engine had been fitted.

c) Soon after the Claimant drove the car from the Defendant's showroom the car broke down and would not start.

 

7.The Claimant is entitled to rescind the agreement because of the misrepresentations and breach of contract. and/or

 

8.The Defendant has repudiated the agreement because of the breach of the express conditions and the Claimant has accepted the repudiation when he demanded the repayment of the sum of £1,500 on 22.09.20.....

 

9.Alternatively, the Claimant has suffered Loss and Damage due to the misrepresentation and breach of contract.

 

AND THE CLAIMANT CLAIMS

1. The price of £1,500.

2. Alternatively damages for breach of contract / misrepresentation.

3. Interest in accordance with section 69 of the County Courts Act 1984.

4. Costs.

 

Statement of Truth

I believe that the facts stated in these Particulars of Claim are true.

Dated this 26th day of April 20....

 

If you wish to set a side the order the fee is £255 on application with hearing.

 

Andy

[MathewLisett]

ah ok thanks for that ill use that to the best of my abilities.

 

so with the issue i have at the moment, do i still use the n244 and do i also fill out a new n1 form to go with it and is it the word "stay" that i need to use

 

do i also need to resend all the content i have ?

[AndyOrch]

You use the n244 with fee and make application to either vary or stay or set a side the order...also within the same application you need to seek the courts permission to amend your particulars and attach your new particulars based on the above.

 

Keep it simple keep it compliant....you can expand and particularise if the defendant defends and you will be required to submit a witness statement further into the process.

[MathewLisett]

ok but what does each word mean since i cant find anywhere which gives a simple answer.

 

what does each mean

 

vary:

stay:

set a side:

 

and where on the n244 form do i state this?

[AndyOrch]

ok but what does each word mean since i cant find anywhere which gives a simple answer.

 

what does each mean

 

vary: vary the order to change it slightly

stay: stay the order ...which is pointless as its been struck out

set a side: set a side the order and get it back on track (this is the logical option)

 

and where on the n244 form do i state this?

 

In the What order are you requesting box and you can expand in box 10.

[MathewLisett]

"set a side the order and get it back on track" so you say this is the logical option , but to me i still dont understand what this means as in going forward.

 

does this mean in a sense that i fill out the n1 form as if i was doing a new claim and i would basically be asking the court to "ignore" the case that has now been struck out.

 

so in the "what order are you requesting" i would be stating the aside and attach that form with the n1 and thats it? or do i do that and also give a note explaining?

 

and thanks for your patience and info

[AndyOrch]

No you have already submitted your N1 and thats what has been struck out....so your application is to set a side the strike out and request permission to amend your claim...you attach your new claim particulars to the application (A4)

[MathewLisett]

ah so asking them to remove the case from being struck out in replacement of n the corrected n1 informaiton

[AndyOrch]

ah so asking them to remove the case from being struck out in replacement of n the corrected n1 informaiton

 

Correct...they must consider your application to set a side because it was struck out without a hearing.

 

Read the following CPR rules this is what the court relied on to strike out your claim...and you are requesting relief from sanctions

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03#3.4

 

The following is the CPR that deals with strike out of particulars of claim

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03/pd_part03a

[MathewLisett]

on the 15th august the defendant failed to send in their questionaire from the court and this was the 2nd deadline that was missed,

 

 

about 3 weeks ago after i made a call asking when the judgement is being sent to me via post i was told i needed to request the court for this to happen as apparantly they dont happen automatically. i gained the judgment in my favour YES!!!

 

ajust as i was about to do a high court rite,

i get a call and was told that apparantly 2 months after the said deadline the defeandant has applied to the court to have the judgement set aside havifn filled the directions questinaire on time.

 

it states becuase this was done without a hearing that im able to apply to the court to have this order set aside,varied or stayed.

 

which do i need to request

the court for the defendants request of the judgement to be set aside and for my judgement to be alive again so i can move on.

 

but on reading the last bit it says

 

IF the application is one which requires a hearing,and

a) the party making the application is the defendant,and

b) the defendant is an individual,then upon the filling of the application the claim will be transferred to the defendants home court. In all other cases requiring a hearing the claim will be transferred to the preffered court.

 

so im guessing im still able to do this application (sorry but the defendant section last bit has confused me now)

 

this application needs to be filled within 7 days of the order which arrived today and has the date of the 12th

[Ganymede]

So was the DQ filed on time after all then?

[dx100uk]

This is the new thread

The other is here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?470659-claim-has-just-been-struck-out-i-need-help&p=4946897#post4946897

[MathewLisett]

So folks would i be correct in stating its "set a side" that i need to request the court to do to the defendants own set aside.

 

ie the judgement was in my fovour as the defendant didnt send any questionnaire or communicate with the court for 2 months AFTER the courts deadline and they have applied for the judgement to be set aside.

 

so do i now do the same but to theirs in order for the judgment to be officially alive again

 

in short "Judgement won. Stop defendant trying to set aside judgement" so what option form what they have stated do i select in order for me to do the application