county court claim

evilhomer321

will try and keep this as short as i can

brought a pc via ebay and paid extra to have windows 7 installed (around £600 in total), got the pc and it didnt work right , needed drivers ect installing and they wouldnt install , video card wouldnt work on games , emailed seller many times got not much help so opened a dispute via ebay , seller aggreed to return but only at my own expence so i left negative feedback (it shouldnd have been at my own expence as it was faulty) and returned the item , seller had the item 2 days refunded me then asked me to revise the feedback and he will cover the return postage costs , i aggreed and throught that was the end of that

today i get a county court claim for £120 from the seller stating that i caused physical and malicious damaged to windows 7 software package which will be used as evidence in court

im like WFT!! have had no contact from the seller at all since i was refunded , iv not been informed in any way of any damage

firstly the county court claim is in my gildfriends name as i used her ebay and paypal acount to pay for this as we had sold a few items and had funds in her paypal acount already , she had nothing to do with the pc in anyway but the claim is to her name

second how can somone just make up a stupid claim like this without any proof or anything?

i have filled a responce but get a feeling this is going to take an awfull lot of my time and i dont see how he can do this , surly you need proof to start a claim like this?

mynameistallulah

Yes, it may well take up a lot of your time. No, the claimant does not need any evidence/ proof to start a small claims action against you. Have they detailed in their claim what you have allegedly done?

What have you put in your defence? I would hold off submitting anything more than an acknowledgement until you are sure of your position.

pooch

evilhomer321 wrote: »

will try and keep this as short as i can

brought a pc via ebay and paid extra to have windows 7 installed (around £600 in total), got the pc and it didnt work right , needed drivers ect installing and they wouldnt install , video card wouldnt work on games , emailed seller many times got not much help so opened a dispute via ebay , seller aggreed to return but only at my own expence so i left negative feedback (it shouldnd have been at my own expence as it was faulty) and returned the item , seller had the item 2 days refunded me then asked me to revise the feedback and he will cover the return postage costs , i aggreed and throught that was the end of that

today i get a county court claim for £120 from the seller stating that i caused physical and malicious damaged to windows 7 software package which will be used as evidence in court

im like WFT!! have had no contact from the seller at all since i was refunded , iv not been informed in any way of any damage

firstly the county court claim is in my gildfriends name as i used her ebay and paypal acount to pay for this as we had sold a few items and had funds in her paypal acount already , she had nothing to do with the pc in anyway but the claim is to her name

second how can somone just make up a stupid claim like this without any proof or anything?

i have filled a responce but get a feeling this is going to take an awfull lot of my time and i dont see how he can do this , surly you need proof to start a claim like this?

So to summarize:

• You used someone elses ebay and paypal account.
• You agreed to feedback extortion whilst using that other persons ebay account
• That other person has now received a county court summons because of your actions
• You filed a legal defence, presumably pretending to be that other person.

I would suggest your girlfriend seeks independent legal advice as soon as possible.

evilhomer321

So to summarize:

• You used someone elses ebay and paypal account.
• You agreed to feedback extortion whilst using that other persons ebay account
• That other person has now received a county court summons because of your actions
• You filed a legal defence, presumably pretending to be that other person.

I would suggest your girlfriend seeks independent legal advice as soon as possible

..we share both our ebay/paypal accounts , it just happens to be in her name that i brought this pc

..the seller seemed very nice once he had the pc back and seemed to change his mind on the return postage cost , i was left out of pocket and told him as long i was wasnt then i would aggree to change it

..yes the summons is in my girlfriends name and i dont know how i can get it changed into mine

..we filled a defence but can only do so in my partners name , fully explaining that it was me that brought it ,didnt pretend anything ,we stated the facts of the dispute and the fact that we have had no contact or been informed in anyway of any damage

my first concern is out to get the case into my name and not my GF

pooch

evilhomer321 wrote: »

So to summarize:

• You used someone elses ebay and paypal account.
• You agreed to feedback extortion whilst using that other persons ebay account
• That other person has now received a county court summons because of your actions
• You filed a legal defence, presumably pretending to be that other person.

I would suggest your girlfriend seeks independent legal advice as soon as possible

..we share both our ebay/paypal accounts , it just happens to be in her name that i brought this pc

..the seller seemed very nice once he had the pc back and seemed to change his mind on the return postage cost , i was left out of pocket and told him as long i was wasnt then i would aggree to change it

..yes the summons is in my girlfriends name and i dont know how i can get it changed into mine

..we filled a defence but can only do so in my partners name , fully explaining that it was me that brought it ,didnt pretend anything ,we stated the facts of the dispute and the fact that we have had no contact or been informed in anyway of any damage

my first concern is out to get the case into my name and not my GF

As I said, I would suggest your girlfriend seeks independent legal advice as soon as possible.

The internet is not the place to obtain independent legal advice

mynameistallulah

pooch wrote: »

As I said, I would suggest your girlfriend seeks independent legal advice as soon as possible.

The internet is not the place to obtain independent legal advice

Or maybe you could allow others to answer who can provide that advice?

OP, if you can answer the questions in my earlier post we can try to point you in the right direction.

pooch

mynameistallulah wrote: »

Or maybe you could allow others to answer who can provide that advice?
...

Anyone can post.

Is my opinion not just as valuable as any one else's ?

Do you really believe an internet forum where anyone can post is the correct place to seek independent legal advice?

The local CAB office should be able to provide the OP's girlfriend with a list of local solicitors who specialise in the appropriate area of law, if the OP's girlfriend does not already have a preferred legal adviser.

CAB_Swansea_Bay_representative

Hi evilhomer321, thank you for your query regarding county court claim

The claimant in this case should have contacted you with a bill for the damage and a letter before action before issuing action in the county court, however this does not stop them issuing the claim but may effect the outcome and any costs granted by the court.

Defending a county court claim is a complex area of law and I would suggest your girlfriend (as the respondant named on the claim and the ebay account holder) seeks advice as soon as possible. You can find details of your local Citizens Advice Bureau at www.citizensadvice.org.uk. You have said you have returned the acknowledgement of service so that will give you an extra 14 days to prepare your defence but it is important to be aware of the time limits for replying as otherwise you may loose your right to defend the case and have a default judgement made against you. You can find out more information about dealing with a county court judgement at www.adviceguide.org.uk.
Hope this is of assistance