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DraxDomax

Laptop returned a year ago, no refund/repair from seller Court Claim ?***Settled***

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Tried them 3 times today and no answer. Automated machine picks up, gives me two options, then ringing sound but after a minute or so, hangs up automatically.

I guess I'll just show up with the documents on site, or that would be foolish?

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Is there not a fax number listed online or email address for any urgent contact, if you can't get through on the phones ?

 

If you are going to turn up with documents, make sure you email them to the defendant beforehand.


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Get the documents to the court by email ASAP, and also to the defendant, with a short covering note indicating that you only received the letter on the 7th.

 

The most important thing is to get them to the defendant.


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Just came back from the preliminary hearing

 

1. He did show up (yes, I indulge in the fact he will be on the road for 8 hours today)

 

2. Judge asked me for documents. I didn't send them beforehand (not to him or the court) but I wasn't asked why and I didn't proactively apologize.

 

3. He had a look into mine, noticed my sales note says "Seller: ServiceX...".

Then looked at his and he presented a payment document, showing payment was done to Skunkwurks.

 

4. I was asked by the judge to confirm these papers, which I did.

 

5. I am infuriated of myself that I didn't ask: "if these are the payment receipt documents for SkunkWurks, how do YOU have them?"

 

6. Judge said he thinks the ServiceX have an "arguable defence" and there will be a hearing.

 

7. He said we are to now exchange documents that will be on the hearing and the defendant asked to postpone it.

 

I will prepare a witness statement and document bundle and put here for your very courteous and highly appreciated advice.

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Sounds like all went well. The key was not getting your claim struck out - well done.

 

Do you have a timetable for the rest of the litigation i.e. when do witness statements and documents need to be exchanged, and when is the final hearing?

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Judge offered a 2 week period but claimant said he is flying in November and requested another date. I think it will be 27-Dec but anyway, Judge said we will get his directions in the mail.

 

I am just wondering if I should wait a little to get his defence sent to me and then prepare a better witness statement?

 

Another annoying thing he did was to pull out "a current ad on our ebay account" showing they do provide just agency service, they are not the real sellers.

I thought bringing an ad for an unrelated business was weird...

 

Sorry, I meant: Judge offered a 2 week period but DEFENDANT said he is flying in November... Can't edit posts...

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I think there's nothing to stop you from beginning to prepare your witness statement, and then making any changes when you get the Defence. If the Judge is now passing the file for directions to be made you can wait for the directions order which will give the dates that all the documents and witness statements need to be sent by.

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I would like to update with a newly received court instruction and ask a few questions, before I start work on my witness statement, please :)

 

I just received N157 "Notice of Allocation to SCT (hearing)".

 

Oddly enough, I received it today (3-Dec) but it was dated 22-Nov...

I attach a picture of the document, to make my questions clearer.

[removed links - dx]

Questions:

1. Page One, "It is ordered",

point 2:

"Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing.

These should include the letter making the claim and reply.

- What is that "letter making the claim", is that the witness statement or a different letter?

 

- What is the "reply", who's reply? Am I supposed to attach the defendant's reply or my reply to his reply?

 

2. Page One, "It is ordered", point 3: They refer to a "Paragraph 3" but I have no idea what is that paragraph 3?

 

3. Page one, "It is ordered", point 4, article b: "Contain the title of the claim"

 

- What is the title of the claim?

Is it something already written somewhere or I need to make a new title

(and in that case, what should the title be?)

 

4. I am required to pay a free of 80 quid

- can I add this to the claim now?

In the MoneyClaim Online, I've only claimed for then-already-incurred costs (Laptop + MCOL fee + Interest).

 

5. Is that fee (called "trial fee" in the document) the same as hearing fee or I need to pay a hearing fee as well?

 

6. One before the last paragraph, they talk about a Consent Order Fee. What is a consent order and do I need to pay for this as well?

 

Once again, thanks for helping me understand this cumbersome process!

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please don't post up unredacted documents

read upload and attach HERE as a PDF please not via a hosting site.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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so witness statement time

and don't forget to pay that fee by the time its due.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Letter of Claim refers to the new Pre Action Protocol which came into force 1st October...

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

 

I think you issued your claim pre Oct...so it will be LBA/ Standard Disclosure/Witness Statements

 

Andy


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Well, I prepared something (attached here, pdf, no personal info).

 

I will add the attachments tomorrow, they are pretty much what I declare them to be in the witness statement.

 

Please provide your commentary on the format, my arguments and anything else that comes to mind.

 

Edit: of course, the PDF format screwed the page numbering (it shifted the line with the page number to next page) - I will make sure it is right.

doc.pdf

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I am going to send this tomorrow (with the attached evidence, which I didn't manage to upload here, as I didn't have the time to sanitize them).

 

Interestingly, I received no documents from them,

does that mean they intend to defend their case using verbal arguments only?

 

I realise even though my witness statement was downloaded 13 times, no one had time to check it, which is fine :)

 

I am grateful for the advice and support so far!

Just in case someone has something to add or suggest: tomorrow is the last day :)

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Heading. CPA 2015, do you mean CRA 2015.

 

2 a, for the sale, not 'of the sale'

 

2b, I think the first part challenging defendant re ebay policy is ok, but the last part 'i am not sure ebay support'. Remember that you should make factual statements as far as you know. By saying I am not sure, you are creating a doubt in your statement, which a Judge reading it would pick up on. You are purely challenging the defendant to evidence they can sell goods on ebay on behalf of an unknown third party.


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Something weird happened... They called and said "will you consider a replacement laptop?".

Of course, I would never dare to do any sort of business with those people again.

But on the other hand, I would like to at least appear accommodating to a settlement. Also, there's the "one bird in the hand" thought in the back of my mind...

 

So, I said: "I will consider it, send me the offer on email and I'll let you know". (thinking if they sent me a written settlement offer it throws their "wasn't me" case out the window)

 

The first weird bit is, that the guy calling said he's from "Skunkwurks" (the dissolved company that the defendant is trying to deflect their responsibility to).

I didn't think about it until after the call (I was pretty excited!)... Could they have recorded me and then argue that I was indeed trying to settle with the other company?

 

The second weird bit is, that such an offer didn't arrive to my email yet. It was 24 hours ago...

 

What's your thoughts about this weird call?

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Seems like they're trying to avoid a hearing, however I think you absolutely did the right thing by requesting the offer be sent to you in writing.

 

Just wait and see if anything materialises.

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telephone evidence is inadmissible anyway..


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Post #63 isn't redacted correctly. Regardless of the blacked out sections, you can still copy and paste the text.

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try it now

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Offer finally arrived...

He sent it from a free email site (not his company mail).

 

How do I decline this offer but somehow make him spill the beans about what company is making this offer to me and why (=ServiceX, as a compensation for the laptop they stole)?

 

My thoughts were to just be straight. Something like:

"

Hello, thank you for the offer but I will not consider seriously any anonymous approaches trying to hide what's going on.

I am definitely willing to make it easier for you to do the right thing.

You surely appreciate there is no way I could accept another laptop from you. What happens if it also breaks down?

So far, you have damaged me the following:

- 679 broken and lost laptop

- About two years without the computer I needed

- 60 court fees

- Who knows how much time and money on tracked correspondence...

 

If you were to send me 700 cash to the following bank details, than I will see this a adequate final settlement. This saves you about 200 pounds of court/bayliff fees and daily interest calculated to judgement day.

"

 

Honestly, this guy has no manlihood, doing all this cloak and dagger BS to hide behind dissolved companies and free email accounts...

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Good response

 

Watch your spelling though.. Bailiff!!


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Result!

Guy got shaky knees and called to make a settlement.

 

We agreed on 700 quid, which leaves me wanting for court+hearing+postage+interest costs (and all the work me and YOU put into this case)... But I won't have to deal with any risk of the judge awarding some "partial refund" nonsense...

 

Do you think I settled cheap?

 

Honestly,

part of me would have liked to see him hit with a bigger fine and put some "conviction" (sorry if it's not the right word) history on his "business".

 

I wish the UK had "compensation for emotional distress", etc... like the USA has.

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let us know when you get the money

we'll mark it won.

 

please think about a small donation to keep us going please

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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oh, I received the 700 quid and I am overall relieved, if not pleased, with the outcome. I know I am a bit short of my full compensation but that's life and that's the cost of dealing with discount retailers.

 

Would you, in my position, have taken the hearing route, trying for more money?

 

It's my honour to help as much as I can.

PS: makes you think "what is wrong with our system?" that with the HUGE tax that we pay and the HUGE costs of solicitor work and the HUGE funds that Citizen's Advice Bureau and Trading Standards operate with, a person's best bet to get practical advice is some forum on the internet!

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