Amazon claiming they did not receive item ?

[AndyOrch]

Topic moved to the appropriate forum....please continue to post here.

 

Andy

[AndyOrch]

Posts moved to correct topic.

 

Andy

[AndyOrch]

Topics merged...why are you sending separate particulars ?  Its really not advised or required. 

[AndyOrch]

More you write in the particulars...more you give them to use as a defence...less is more...learn from the DCAs and why they keep their particulars sparse and vague,

[AndyOrch]

You could but its time consuming and there may be a fee...so you will have to run with it now but still try to keep it minimal...no attached documents and no copy emails etc. You should also send a covering letter to the defendant clearly advising that the enclosed are the extra particulars referred to in your claim form and quote the claim number.

 

You must file an ‘N215 Certificate of Service’ with the court within 14 days of the claim being issued. The certificate of service confirms to the court that you have sent the documents to the defendant. The certificate can be filed by post or preferably by email to [email protected].

 

Include the claim number in the subject line of the email.
The second page of the N215 explains how to calculate the ‘date.

 

https://www.gov.uk/government/publications/form-n215-certificate-of-service

 

Andy

 

[AndyOrch]

Same as the MCOL...but with a few extra lines....which you would have gained if you had not ticked the " serve additional particulars " box. You lose 3 extra lines when you tick the box..

 

 

 

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[AndyOrch]

Already outlined above...but again

 

The main reasons are common sense ...you wouldn't show all your hand in a game of poker...you wont have any arguments/evidence left to counter their defence at witness statement stage.(stage 2) So your initial particulars sets out your claim and complies with CPR 16 statement of case with the bare minimum facts of the claim and tests the water to see if the defendant wishes to challenge the claim by submitting a defence.

 

If they submit a defence then you must proceed and then moves to stage 2...allocation and disclosure of evidence to support your claim this is where you introduce a more particularised statement with your evidence (the defendant has already submitted his defence so now its too late to alter or add to it).They can try to counter it with their own statement...but by this time your claim should be well and truly solid and too late late for the defendant to introduce anything further.

 

But if you had laid out all the facts in your initial particulars/ separate particulars....the defendant at this stage would be aware of every detail you intended to rely on...their defence would be based on all your details and their chance of defending the claim significantly very strong.

 

Also you are restricted through MCOL to keep your particulars to 1080 characters on 24 lines of 45. and cant physically attach anything to the claim. See Practice Direction 7E

 

 https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07/pd_part07e#6.1

 

Of course you could issue a claim manually using the old N1 but again its advised the process above is used and the best approach in litigation.

 

Andy

 

[AndyOrch]

On 02/06/2021 at 23:12, Andyorch said:

Same as the MCOL...but with a few extra lines....which you would have gained if you had not ticked the " serve additional particulars " box. You lose 3 extra lines when you tick the box..

 

 

 

.

 

Thought we had already covered this...your only sending a separate POC because of the error made in ticking the separate POC box which you never needed to do in the first place.

 

So same as your MCOL POC....you can lose the Yours Faithfully...it must finish with a statement of truth and dated. 

 

“I believe the that the facts stated in this separate particulars of claim are true. "

 

Signed 

Dated.

[AndyOrch]

In reality it should...it would be a more particularised version of the MCOL PoC...but you ticked the option when you didnt need to.

Add whatever you feel that is missing from the MCOL version.

 

 

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[AndyOrch]

Give it to them.....may help in resolving the matter before you have to pay  a hearing fee.

[AndyOrch]

Responding to your PM.

 

 

So what is your initial response to their defence ?

 

Andy

[AndyOrch]

Well until you correct the defendants name there is little point proceeding until then.

 

can I change the defendant name | MoneyClaimsUK

WWW.MONEYCLAIMSUK.CO.UK

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get the answer to the question: can I change the defendant name?

 

[AndyOrch]

How and why could they refuse it ?

[AndyOrch]

Im not sure its really for you to make sure your targeted defendant is correct...why not check with the above and ask who should you be suing.

[AndyOrch]

Amazon or the drafts person of the above defence.

[AndyOrch]

1.Contract is with the business you purchased the item from....shipping and collection a separate entity.

2. Well yes you will need the correct address...you will have to serve the particulars again.

[AndyOrch]

Afraid not given it was your error as the claimant......discontinuence is probably the best route.

[AndyOrch]

No they cant...only in Fast Track claims(10k +) CPR 38.6 is not applicable to Small Claims Track.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38