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Amazon claiming they did not receive item ?


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

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We could do with some help from you.

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Posted (edited)

@Andyorch@dx100ukReally quick one - just about to complete and email the N215.....where it says 'What documents did you serve? Please attach copies of the documents you have not already filed with the court', what does this mean, please?

 

It's OK, I included the additional POC.

However, worth noting that I received this bounce back email:

 

Thank you for emailing the County Court Business Centre's (CCBC) MCOLAOS inbox.


This inbox is now closed - any emails should be redirected to the below email addresses:

 

 

IMPORTANT

You will need to send any ‘claim response’ which includes the acknowledgment of service, part admission or defence/counterclaim forms as well as directions questionnaires (DQs) directly to [email protected] to ensure that they are filed correctly. Your email has not been forwarded.

 

N244 and N245 applications should be sent to [email protected]

 

All Other Correspondence should be sent to [email protected]

 

The deadline for documents to be received is 4pm, any documents received after this time will be classed as received on the next working day.

 

 

The office will be closed on all bank holidays.

 

So I did and got this rather frustrating reply:

 

 

Office365Logo_Orange.png?version=b8d100a9-0a8b-8e6a-88e1-ef488fee0470
Your message to [email protected] couldn't be delivered.
ccbc wasn't found at justice.gsi.gov.uk.
Edited by craigten
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their system often have issues over w/ends till someone goes in tomorrow and resets things.

don't worry.

 

 

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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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Update;

just received this; 

 

Thank you, I can confirm receipt. Please see attached our Acknowledgment of Service, a copy of which has been filed at Court today.

 

 

Thank you, I can confirm receipt. Please see attached our Acknowledgment of Service, a copy of which has been filed at Court today.

 

Thank you, I can confirm receipt. Please see attached our Acknowledgment of Service, a copy of which has been filed at Court today.

 

t. Please see attached our Acknowledgment of Service, a copy of which has been filed at Court today.

 

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So what is your opinion on this - they have served their acknowledgment of service and the letter says that they intend to defend all of the claim. What are Amazon like in these circumstances, do they often go the 'whole hog', or do they usually settle for little claims like these before this stage?

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  • 1 month later...
Posted (edited)

Hello all.

Amazon have filed their defence and I have scanned it, taken out the personal info and uploaded as one PDF.

It appears that their main crux is that the claim has 'incorrectly been issued against the Defendant' as I apparently do not have a contractual relationship and they, in my opinion, trying to muddy the water with regards to Amazon and how they are 'third party selling partners' registered in Luxembourg.

 

They also sent all their Ts and Cs, I have scanned the first of them, please let me know if the rest are needed?

 

Please could I trouble one of you to take a peek at their defence and let me know your thoughts?

 

They have checked the 'No' box when asked if they would like it referred to the small claims mediation service.

 

Edit: CRAP, just seen on that I must complete the small claims directions questionnaire by 23d July. Gulp!

Defence_compressed.pdf

Edited by craigten
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Update: Just spoken to the court and although today is the deadline for completing the N180, there is such a thing as a 'final deadline' so they are |OK with me emailing it. Phew!

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Responding to your PM.

 

 

So what is your initial response to their defence ?

 

Andy

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

 

WWW.MONEYCLAIMSUK.CO.UK

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

 

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How and why could they refuse it ?

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Just a question, Andy!

 

OK, I will change the defendant name, just so I don't c**k up yet again, are you in agreement that the correct entity should be Amazon EU SARL?

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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.

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Amazon or the drafts person of the above defence.

We could do with some help from you.

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OK, thank you, I have asked both. However, two questions:

1. Re my response to their defence - as the courier has been paid by Amazon, isn't the contract between Amazon and Hermes? ie, so as long as I have proof of collection by Hermes it is up to Amazon to sort out any problems with their appointed courier?

2. If Amazon come back with the correct entity to make the claim against as 'Amazon EU Sarl', I will still need to get the correct address too, right?

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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.

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

We could do with some help from you.

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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

 

We could do with some help from you.

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

 

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