Buyer claiming court action - pls help

benedictadams

Bev

I'm hot-headed too so you may not want to take this advise

Sounds as if her legal advice has told her that she stands a good chance of losing the case, or the case being thrown out of court ude to lack of evidence

I would tell her that I would require her to drop the case, sign legal documentation that she will not persue a case against you in the future and that she takes up the case with Royal Mail.

Think about the amount of time, effort and stress she has put you through simply because of her contract with Royal Mail had problems.

Did you have to take time off work due to ill-health about it ? (which i'd add to my legal expenses)

bev77

mpython wrote: »

Bev, its just possible, that your buyer is being canny with her offer of trying to resolve it before it gets to court. Courts don't like people wasting their time, and, offering to find a mutually agreable solution could put her in a good light if she uses it in court (is the email tagged or headed "without prejudice"?). I'd reply with something similar to Fay's except maybe laying it on a bit thicker, e.g., "I've been trying to avoid going to court since you first mentioned it. As I've explained in previous emails, I never received the item back and you need to claim off RM for the package you sent. Whilst RM may say they check ID before items are collected, there is no proof recorded that ID is checked, and therefore open to abuse. I'd be quite happy to send you another email stating that I haven't received the item if this will help with your claim against RM." etc etc. The court will realise that she is claiming against the wrong party as she hasn't exhausted the RM lost/ stolen letter process, nor answered the obvious discrpencies in their case like you signing for a package as "David".I suspect, she may drop the case if she realises she has no realistic prospect of winning and it will cost her another £100 just to find that out for certain in court.

Another good idea, thanks!:beer:

Like you said it'll also show the court that she is claiming against the wrong person.

bev77

benedictadams wrote: »

I would tell her that I would require her to drop the case, sign legal documentation that she will not persue a case against you in the future and that she takes up the case with Royal Mail.

This is also a good point to add, thanks. I'll try and re word it all and let you know what I've got before I send it off to her.

Marvo434

Bev77,
I live in Loughton, and today (or tomorrow) I have to collect a parcel from the sorting office. I will turn up with NO id, I wont produce the card unless they actually insist, and sign a false name. If I get it I will happily supply you with a proper statement to that effect that you can use.

Cerenia

Marvo434 wrote: »

Bev77,
I live in Loughton, and today (or tomorrow) I have to collect a parcel from the sorting office. I will turn up with NO id, I wont produce the card unless they actually insist, and sign a false name. If I get it I will happily supply you with a proper statement to that effect that you can use.

I was hoping to do that myself, but not bought anything recorded lately Very good idea though, they never check the card or ID.

Marvo434

Just back.
It was actually an underpaid item, so no signature needed but I didn't give them my name, or show a card. I told them the first line of my address and that they tried to deliver yesterday and they handed over an anniversary card with £20 inside it!
They obviously weren't to know that there was cash in it, but I felt OK about the 6p underpayment and £1 admin fee once I had opened it!

bev77

Marvo434 wrote: »

Just back.
It was actually an underpaid item, so no signature needed but I didn't give them my name, or show a card. I told them the first line of my address and that they tried to deliver yesterday and they handed over an anniversary card with £20 inside it!
They obviously weren't to know that there was cash in it, but I felt OK about the 6p underpayment and £1 admin fee once I had opened it!

LOL. Thanks anyway!

bev77

My legal friend has got back to me, and has said basically that she is now panicking.

I have a few options:-

1. If I can afford it go 50:50 on everything ie she'll bear 50% of the cost and I'll bear 50% of the cost and I have to file what is called a Consent Order to that effect.

2. If I don't want to do this then go to Court cos if I win she will have to pay everything. What she is referring to is mediation and it is recommended.

3. I may want to try 75:25 in my favour or advise her that I am not prepared to consider her offer as I feel that I will win at Court.

4. If I have filed a Counterclaim she cannot now withdraw her claim. Alternatively I could ask her to discontinue her claim (if I have not filed a Counterclaim) with no order as to costs.

I haven't filed a counterclaim only a defence. Whatever I do, I'll have to do it quick as the AQ needs to be in by this friday.

I'm thinking of sending her an email along the lines of Fay's, but also add in that I think she should discontinue her claim.

frivolous_fay

What would you counterclaim for?

I don't know anything about mediation. Wouldn't the onus be on you to 'give in' and give her something? I'm against that as I think you'd win in court! (Obviously just my opinion)

The ideal solution as far as I can see it would be for her to drop the case... although maybe I've missed any losses you've incurred that you'd want to claim?

bev77

I've not counterclaimed, but the defence form says defence & counterclaim. there's a section to fill in if you do want to counterclaim but I've left it blank. She is just saying that she has received my "defence & counterclaim" form as it's both in one, iyswim?