Claim form ebay user

[Wisey]

My aunt says she has spoken to the court,  the court has said her that she has to send a check to her by a traced method with a covering letter and not to do anything about the claim form.

 

Its down to the claimant to tell the court that she has paid. 

 

I have stressed this not to do it this way because if she does not tell the court that she risks getting a default judgement

 

She says that apparently the claim will stay as it is if she just sends payment via tracked  method. 

 

I dont believe this to be the case. If she doesnt respond she wins by default meaning she will have to apply for a set aside to prove shes paid??

Edited May 23, 2020 by Wisey

[BankFodder]

Yes, the court is absolutely wrong. She must respond to the claim with a full denial using the wording I've given above. Otherwise, you're quite right there will be a default judgement against her – and given the apparent aggression of the claimant, I can imagine that the moment that the time limit expires, the application for the default judgement will go in and then your aunt will be left with all the complications and possible expense et cetera of having to apply for a set-aside – as well as having to pay the claim fee.

She must absolutely follow the instructions given above. The courts are very nice but they are very inefficient – and clearly there has been some very bad miscommunication

I've already suggested that you take control of the account by getting the access details and you do it for her. It's the only sensible thing to do and it's the only way that you can be confident that her best interests have been looked after

[Wisey]

Ok, she is sending a cheque on Tuesday by next day delivery because of the bank holiday. 

 

She is keeping copies of the cheque and letter and is using the defence as mentioned above.

 

I'm fairly certain of the answer but hat should she expect now? 

It is of my experience that if the claimant has not followed Pre-action Protocol, and the fact she was offered to be paid on no less then 3 occasions that the judge will throw this out.  Making the claimant £25 out of pocket in the process -  good enough for her really, shes tried to be a smart alec.

 

 

[BankFodder]

I fully expect that the case will be dealt with on the papers. We may as well produce a skeleton argument – which we will supply to the court once it is transferred. And I'm confident that the judge will dismiss the claim. Of course, it would be more sensible for the claimant to abandon the claim because otherwise they will be obliged to pay a hearing fee – probably about £80 – which would be really very irrational and frankly I think it would demonstrate a sort of malicious intent

[Wisey]

Yeah she has been nothing but spiteful almost as if she has the i'm going to win motif.

I think its some old crone with the thought that shes always right. Hopefully this will send her packing for not following proper process.  Is their anything you can think of that should be added to the defence or is that enough.

[BankFodder]

On 22/05/2020 at 11:40, BankFodder said:

The claim is denied. I have written to the claimant and I have been trying very hard to obtain the claimant's details for payment of the money and she has declined to engage with me. I have evidence of the correspondence using the eBay messaging system. 
I have only finally received her postal address because it is included on the claim form and I have now immediately sent her a cheque for the amount owed and which I have been trying to pay to her for some time.
There has been no attempt to be dishonest and I don't understand why the claimant did not simply let me have her details for payment. Also, the claimant has not given me any notice of the claim or applied the pre-action protocol.

In all respects this claim is unnecessary and an extraordinary waste of the court's time and resource.

 

I've made a slight addition

[Wisey]

My aunt just wants me to upload these  and asks is this enough to show she tried to pay before the court claim was lodged. 

Dated  15th and 18th of may

 

Court claim issued 19th. Iv told her to stop worrying but she insists. 

 

 

 

[BankFodder]

She's right to be cautious

I see that there is some strange access needed for the link. Why don't you simply do it for us and put the documents up. It would be much easier please

[Wisey]

 

 

This one should work sorry about that

[BankFodder]

Any chance that you could identify who is sending which and who is receiving which

[Wisey]

The are both messages from my aunt to the seller as u can see at the bottom the sellers replies are "no problem my friend....." last 1 before court papers. 

[BankFodder]

I can now discern that

probably says "no problem my friend" – but only because you have prompted me in your last post.

You don't make things easy.

So the person who said that they have been working and don't check their emails and they don't need to inform if they are going to start a claim – that is the claimant?

Then you aren't says that she can't get hold of PayPal because the off-line

The claimant then says no problem my friend – and then starts a claim.

Is that correct?

[Wisey]

Sorry this is difficult on a phone  they are both from defendant  to claimant.  

 

Yes the claimant says no problem my friend 

[Wisey]

The seller throughout has been very cocky.  It also transpires that the seller didnt send the item a full 27 days after being paid so my aunt opened a paypal claim for a refund.  It was only after that my aunt got the item and then had since tried to repay the seller.  Only to be met with  tour fraudulent and this was premeditated threatning police action fraud etc. 

 

Yea what you have summerised is correct.

 

So sorry for the confusion it wasn't easy trying to upload and reply on a phone, the No problem my friend comment came after my aunt asking her not to refer to her as her friend. So this is somewhat of a cocky reply. 

 

The last email sent was that dated 18th May, when my aunt asked for her to send her a paypal invoice. There was no response, the next thing to arrive was the court papers. 

 

On MCOL it says DQ sent. Which i know is a directions questionnaire.  

 

Is this good?  The cheque was recieved by the claimant today. 

Edited May 24, 2020 by Wisey

[BankFodder]

That's completely normal. It's now up to the claimant to decide whether to pay out the hearing fee.

If they do – then I'm afraid it will end up as a hearing – but probably a telephone hearing at which you can take part if you feel that it is going to help your aunt.

However, let us know what happens. Let us know when you get your copy of the DQ

[Wisey]

Ok thank you. 

 

She did get the check today as we have the tracking as signed for it was a special delivery.   Wud inbe correct in assuming it wud be foolish of the claimant to press on? Given proofs od trying to pay and the lack of preaction letter..

[BankFodder]

Yes I think it would be very foolish – and I think that the judge would see that it was somebody simply being vindictive.

[Wisey]

She has the directions questionnaire and is panicing. Iv said to refuse mediation.  The claimant has the cheque!!! 

[BankFodder]

Good. How do you know she's panicking?

 

[Wisey]

Because shes talking about sending the claiment the £25, court fee. 

[BankFodder]

Sorry I thought you meant that the claimant was panicking.

The claimant has the cheque. You aunt has the evidence that she tried to communicate – also that there was no pre-action protocol and that the claimant has actually said that she doesn't need to use any pre-action protocol.
You need to persuade her to stand her ground. She needs to stand up to bullying. 

[Wisey]

Does she need to send a copy if the DC to claimant

[BankFodder]

Yes. It's good practice. Presumably she sending it to the court

[Wisey]

Yes she is 

[45002]

All this hassle could have been avoided by using the payment methods as I posted on 21st, #4, But I suspect we have not been told the full story !

 

You don't need to ring eBay up at.

 

All you needed is the sellers Email which would be logged in the ordinary payment and very easy to find out by logging into PayPal or the Purchaser Email account.

 

 

• #Posted May 21

 

Sorry, I mean there No need to ring eBay/PayPal up at all.

 

All could have been done on line...