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Amazon claiming they did not receive item ?


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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • Andyorch changed the title to Amazon claiming they did not recieve item ?

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

We could do with some help from you.

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Posted (edited)

Oh Damn. I thought it was needed as there is so little space to write them in the box on MCOL? (Haven't posted yet though, phew!)
Thinking about it, they have the complete story in their Letter of Claim!

 

1. Date of service would be the date that the claim is made, ie - today?

2. Also, On what day did you serve? This is the same as date of service?

3. What documents did you serve? Please attach copies of the documents you have not already filed with the court. - Not sure what I need to attach here?

Edited by craigten
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why  didn't you come here before filing on MCOL?

 

you don't need a detailed POC

the rest comes out at disclosure stage.

 

what have you filesd as the POC on MCOL?

 

you really should always be checking here and asking before you do anything...

 

sorry....but you've been here +15yrs and still always make the silly obvious schoolboy errors in everything you touch...i would have thought that obvious fact would have sunk in by now and rather than keep shooting yourself in the foot, you'd by now learned to come here and ask 1st...as we always seem to have to get the buckets and corks out when we see a post by you..

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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,

  • Thanks 1

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 The National Consumer Service

 

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

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  • dx100uk changed the title to Amazon claiming they did not receive item ?
3 hours ago, dx100uk said:

why  didn't you come here before filing on MCOL?

 

you don't need a detailed POC

the rest comes out at disclosure stage.

 

what have you filesd as the POC on MCOL?

 

you really should always be checking here and asking before you do anything...

 

sorry....but you've been here +15yrs and still always make the silly obvious schoolboy errors in everything you touch...i would have thought that obvious fact would have sunk in by now and rather than keep shooting yourself in the foot, you'd by now learned to come here and ask 1st...as we always seem to have to get the buckets and corks out when we see a post by you..

 

dx

 

You’re actually a bit of a nasty sort, aren’t you? I’ve seen hints of it before with your arrogant attitude to people who don’t ‘get’ it. 
Shame on you, bully.

3 hours ago, Andyorch said:

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,

Thank you, brilliant education.

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And this is why I’m hesitant to check with you - you just belittle me.

 

also, no shooting in the foot, if you read my post properly you’ll have seen that I was intending to send it....but didn’t, thanks to the advice on here.

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what have you filed as the POC on MCOL? anything yet?

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes, the following condensed version:

On 27.1.2021 I contacted Amazon to return a faulty Drone. They supplied me with a returns label & offered me the choice to send it back via ‘Hermes’, which I chose. Hermes picked the drone up & left a receipt.


I contacted Amazon to state that my refund had yet to appear. Amazon replied to say that the Drone was missing so they would not refund me. I replied to say that I used their ‘preferred choice of return’ so the issue is theirs.


Amazon contacted me to suggest I make a claim against Hermes. The responsibility lies with Amazon, I used
their ‘preferred choice of return’.


I will provide the defendant with separate detailed particulars within 14 days after service of the claim form.


The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 30/01/2021 to 02/06/2021 on £369.00 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 8%.

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Posted (edited)

However, I included the relevant email exchanges with details such as Hermes receipt code, order number, etc in my Letter of Claim, sent a while ago. Do you want to see that, too?

 

Edit: Crap, it took my '8%' as £8!!

 

Edit #2: I would like help but absolutely hate the idea of someone doing it begrudgingly, hence me trying to do it on my own.

Edited by craigten
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we would all like to help but you move forward and always do something without checking...thats all..

 

so you mentioned separate detailed particulars within 14 days after service of the claim form.

 

so give that 5 days which is deemed service and then you'll have to post the N215 off then.

i don't think you have an alternate now.

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for this. So there is no way to 'undo' the ticking of the 'send additional POC' box, even if it was a mistake?

 

I guess the 'additional POC' could well be extremely minimally additional?

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i don't think so.

let @Andyorch confirm..

 

dx

 

  • Like 1

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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

 

We could do with some help from you.

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16 minutes ago, Andyorch said:

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.

Thank you so much for this. I take it that these 'additional' details can be anything not mentioned in the MCOL POC....so therefor can be very minimal?

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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..

 

 

 

.

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 The National Consumer Service

 

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thanks andy

 

dx

 

  • Like 1

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Will do!!

 

Please accept my apologies for not understanding this but please can I ask what the advantage is of not supplying all the data / one’s argument (emails, etc) in the original POC if one then goes on to supply the whole argument later in the process?

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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

 

  • Like 1

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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Absolutely brilliant. Thank you.

 

Please understand that it must have been 11 years since I raised a claim against anyone (against Halifax, if I recall) so am extremely rusty on this.

 

Thank you for your help. I’ll send the additional (few words) POC tomorrow.

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Posted (edited)

My updated POC, additional line in red:

 

Further to my Particulars of Claim that you will have received within my Small Claims Court claim via MCOL, here are my additional Particulars of Claim:
 

 

On 27.1.2021 I contacted Amazon to return a faulty Drone. They supplied me with a returns label & offered me the choice to send it back via ‘Hermes’, which I chose. Hermes picked the drone up & left a receipt. I contacted Amazon to state that my refund had yet to appear. Amazon replied to say that the Drone was missing so they would not refund me. I replied to say that I used their ‘preferred choice of return’ so the issue is theirs. Amazon contacted me to suggest I make a claim against Hermes. The responsibility lies with Amazon, I used their ‘preferred choice of return’.

I have raised this point several times with Amazon but they won't directly acknowledge this.

 

I followed your instructions and decided to use your own preferred courier service – Hermes.

Despite following your own instructions for the return of the faulty drone, you have now declined to accept any responsibility and refused to reimburse me. Following my Letter of Claim, I have been forced to issue a claim against you via MCOL.



Yours faithfully,

 

Is this 'additional' extra line OK, please?

Edited by craigten
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i'm wondering if it might be better to rehash the lot and file the same kind of POC we use for the hermes court claims?

 

@bankfodder your thoughts?

 

i think that one simple extra red line is not enough to tighten down what you require from amazon,. and not leave them wriggle room to buff away to the postal service used, which IMHO might have been the better people to raise the claim against?

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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.

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 The National Consumer Service

 

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

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