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Issued MCOL claim against Amazon? Solicitor responded about detailed POC, help? Thanks

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Hi guys just wondering if I can get some help.

 

I have issue a claim against amazon and their solicitors have emailed me stating the following:

 

Dear xxxxxx,

 

We have been instructed by Amazon to act on their behalf in respect of the above matter.

 

We note that you state in your Claim Form that you “will provide the defendant with separate detailed particulars within 14 days after service of the claim form”.

received.

 

Can you please provide us with a copy of these Particulars as they have not been

 

Yours sincerely,

 

However I am sure I sent them what should be counted as a separate detailed particulars. First I sent amazon my money claim online form in pdf format within the post along with a separate detailed particulars detailing why I have raised the claim against them by first class post stating the following:

 

Dear Sir/Madam

 

After numerous attempts to amicably resolve this matter, you have been unreasonable and have made me jump through hoops to no avail.

 

You have breached the sales of goods act and distance selling regulations, you have left me out of pocket thus I had to take the regrettable action to file a small claims court action.

 

You have asked me to file a police report in relation to order #202-0121812-xxxxx.

 

I visited the police station and asked to file a report, they refused to as they have said it is Amazon's responsibility to report the matter to the police if they believe a theft has taken place, I relayed this information on to you at the following email address: cs-reply+A3R15Q2XB5xxx at amazon.co.uk on Jul 26, 2018, 3:09 AM

and again on Thu, Jul 26, 3:09 AM.

 

On both occasions in the responses you have stated that you cannot do anything without a police report even though I have went to the police station, reported it and tried to get a crime reference number, it has been eNoted and I have attached the officers badge number and their office paper to both emails and numerous other emails I have sent to you to resolve this. I also sent numerous other emails in relation to this to get this resolved.

 

Furthermore I ordered an iPhone X from a market place seller. Order number: 204-4288066-476xxx The item was not delivered and the tracking shows this. I filed an A TO Z claim and at each time it was rejected each time with no explanation given, I am out of pocket for this.

 

Furthermore I have gift certificate balance on my account which has not been spent, again, these were paid for you have locked my account so I can no longer use the amount in my account.

 

Would this count as a separate detailed particulars as I sent this to the solicitors who are dealing on behalf on amazon via email as they sent out a letter well before 14 days since the claim was issued and I responded immediately via email with the details they wanted me to send.

 

On the MCOL form I just briefly said I ordered some goods from amazon, were not as described, also claiming for gift certificate balance and a Iphone that was not delivered, nothing like the above that I sent to amazon via post with my pdf MCOL form along with what I've quoted I sent them above - Would this count as a separate detailed particulars

as they sent me an email today asking for this stating I should of done within 14 days..

 

You submitted a claim on 02/10/2018 at 22:51:36

 

Your claim was issued on 04/10/2018

 

Amazon filed an acknowledgment of service on 10/10/2018

 

Thanks for everyone's help in advance.

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What was your initial particulars as input on line ?

 

Thread moved to General Legal Issues Forum

 

 

Andy


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What was your initial particulars as input on line ?

 

Thread moved to General Legal Issues Forum

 

 

Andy

 

Hi, this:

 

To whom it may concern. I would like to bring

claim against Amazon due to them breaching

the sales of goods act. I placed an order on

Amazon's http://www.amazon.co.uk website for a Men's

9 ct Yellow Gold Citerna 20.6 g Curb

Bracelet.

The order arrived and the box was empty. I

phoned Amazon and they told me to get a

police report, the police stated it is

amazon's duty to file a report not mine so

the have e noted it but did not file it as

lost or stolen. Amazon will not assist me

without a crime reference no.

I also ordered a iPhone x 64GB from a

marketplace seller which did not arrive,

amazon would not help. Claim is for the

bracelet, non delivered iPhone and remainder

giftcard balance. As they have locked me out

of my account so can not use it

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Well both are not very well laid out particulars...and the second can hardly be called separate particulars which is supposed to particularise your initial particulars as input through MCOL.

 

Did you tick the box on MCOL to state you would serve separate particulars ?


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Well both are not very well laid out particulars...and the second can hardly be called separate particulars which is supposed to particularise your initial particulars as input through MCOL.

 

Did you tick the box on MCOL to state you would serve separate particulars ?

 

Damn, so it appears I have well and truly messed up.

 

It seems so as it states underneath my above post that I've quoted: I will provide the defendant with separate

detailed particulars within 14 days after service of the claim form.

 

Any advice on how best to proceed now? As it's well passed the 14 days. EEEK!

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Not particularly.....you are after all litigant in person with no legal training......so as you state you have sent the second particulars as per post# 1 then that will after to suffice and the defendant now has enough detail to know what they are defending...let them submit their defence.

 

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Great Andy, Much appreciation.

 

I also responded to the defendant solicitor's email address well over two weeks ago with the detailed particulars, as mentioned in post one, they have sent another email today stating that:

 

We have been instructed by Amazon to act on their behalf in respect of the above matter.

 

We note that you state in your Claim Form that you “will provide the defendant with separate detailed particulars within 14 days after service of the claim form”.

 

Can you please provide us with a copy of these Particulars as they have not been received.

 

Yours sincerely,

 

Should I reply to the email and send them this again:

 

Dear Sir/Madam

 

After numerous attempts to amicably resolve this matter, you have been unreasonable and have made me jump through hoops to no avail.

 

You have breached the sales of goods act and distance selling regulations, you have left me out of pocket thus I had to take the regrettable action to file a small claimsicon court action.

 

You have asked me to file a police report in relation to order #202-0121812-xxxxx.

 

I visited the police station and asked to file a report, they refused to as they have said it is Amazon's responsibility to report the matter to the police if they believe a theft has taken place, I relayed this information on to you at the following email address: cs-reply+A3R15Q2XB5xxx at amazon.co.uk on Jul 26, 2018, 3:09 AM

and again on Thu, Jul 26, 3:09 AM.

 

On both occasions in the responses you have stated that you cannot do anything without a police report even though I have went to the police station, reported it and tried to get a crime reference number, it has been eNoted and I have attached the officers badge number and their office paper to both emails and numerous other emails I have sent to you to resolve this. I also sent numerous other emails in relation to this to get this resolved.

 

Furthermore I ordered an iPhone X from a market place seller. Order number: 204-4288066-476xxx The item was not delivered and the tracking shows this. I filed an A TO Z claim and at each time it was rejected each time with no explanation given, I am out of pocket for this.

 

Furthermore I have gift certificate balance on my account which has not been spent, again, these were paid for you have locked my account so I can no longer use the amount in my account.

 

Or should I ignore their email knowing that I have proof of postage that I sent amazon my detailed particulars and again their solicitors the very same thing via email a few weeks ago that I can show proof should I need to if called to court?

 

Thanks again.

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No, it was made up mostly of gift certificate balance and very small amount (under 100) on debit card.

 

I would of long contacted the cc if that was the case sadly. :(

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Simply email them a further copy...but try to formalise a little by adding headers...

 

Claim number xxxxxx

 

Claimant xxxxxxx

 

v

 

Defendant xxxxxx

 

Date......

 

Then go into the particulars...lose the dear sir/madam and were you state " you " replace with the Defendant

 

Replace Sales of Goods Act and Distance Selling Regulations with Consumer Rights Act 2015 and Consumer Contracts Regulations.

 

Finish with the amount of value including court fees and complete with a statement of truth and date.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Thanks Andy for taking your time out numerously on this post to help me out.

I have made the corrections you have stated and sent it off to the defendant's solicitors..

 

When payday hits, I shall make a donation and note this thread as reference as it's great resource

It would be good if everyone could make a donation however small as running a forum with dedicated server/maintenance costs isn't cheap.

 

Once again, many thanks. :D

Edited by dx100uk
quote

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