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Wisey

Claim form ebay user

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Tell that to the claimant. She has been evasive and nothing but rude with the "im going to make ur life hard" attitude.  

 

When your aunt is not tech savvy its not that simple. Never the less it is what it is and with any luck the judge will dismiss this for the vindictive attempt at point scoring it is.

Edited by Wisey

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I'm a bit concerned about this latest exchange because it has always cross my mind that maybe this problem has occurred simply because your aunt is not tech savvy – which is why I suggested that you should access the accounts and make sure that you had a first-hand view of all of the information.

I hope you are quite satisfied that the claimant won't suddenly be able to produce some correspondence – or evidence of the lack of correspondence which will then establish your case. Not only would your aunt lose, but her morale might take quite a knock – and also so would have you of the advice you have given her.

Don't forget, that simply because the claimant is now in possession of the cheque – is not in itself a defence to the claim. Being in possession of the cheque now does not demonstrate that the claim need not have been brought. You will definitely have to do demonstrate that you made your best efforts to pay the money and that you were rebuffed by an uncooperative claimant


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She has made her best efforts to pay. My aunt can use ebay fine. Its simpe messaging.  There has been  no lack on her side and the claimant definatly cannot produce that. 

 

Yes that would be easy  but if she doesn't give me access what can i do?   

Surely now that she has the cheque but doesnt seem to of discontinued is vindictive on the claimants part. 

 

You have been told the absolute truth of the matter here. 

 

 

The claimant was  never co-operative and very rude. As if it was deliberate.

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Okay. I'm just doublechecking.

The claimant may simply be obstinate – and also consider now that because she has incurred a court fee, she wants that back as well.

Anyway, if your aunt has refused to give you access to her eBay account to check the messages – then if something is suddenly disclosed which you had no knowledge of, at least you'll be able to stand back and say to your aunt that you did your best with the information she gave you.

Certainly, the claimant's message that she had no need to give any warning of any legal action – is itself very good evidence of the claimant's attitude


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