Buyer claiming court action - pls help

pinkgem

Princessa wrote: »

:j Hiya Bev!

Do you know who signed for it, or will they not give out that information to you? Had she definately put the right address on the parcel?

"The signature is pretty illegible, but you can just make out the first name which is David, but cannot work out the surname."

annapantscats

Fill in the defence form.

I have a similar thing going on...someone has filed a claim against me with the SCC, but for different reasons...though it is regarding an Ebay transaction.
I know I am in the right (but yes, it is easy to doubt yourself in these situations!!), so, after the initial panic/anger had worn off I sat down and detailed everything I could think of regarding the transaction, (including details of threatening messages I had received from the claimant, which thankfully I had kept). Include dates, copies of messages that have gone back and forth (or state that you can supply them is asked to), details of your contact with the sorting office...basically everything relevent. I was able to do it all online, and now the case has been transfered to my local court, so hopefully I will be able to actually attend any hearings or whatever. Obviously there is no guarentee that I will win the case (even though I have done nothing wrong, and the claimant has told a pack of lies!! :rolleyes: ) but I sure as hell wont just lie down and give up!

Stick to your guns....and good luck!!! :beer:

Princessa_2

pinkgem wrote: »

"The signature is pretty illegible, but you can just make out the first name which is David, but cannot work out the surname."

Oh that's good then, was worried that if the person had seen a card with Bev's name on, then they may have signed her name when they picked it up.

user051105

If the claimant lives any distance away from you, you can have it transferred to your local court more expense on there part.

If you are a member of a union for work, they will have legal helpline usually free, they can appoint a solicitor and they can then get RM to provide exact details of what happened.



I would also call RM Customer Services and tell them as you are going to out of pocket for there incompetance you will be issuing a small claim against them, this will get them into gear.

bev77

Thanks everyone.

If I file the acknowledgement of service it gives me more time to prepare my defence rather than the basic 14 days that the defence gives me. I intedn to defend all of it. There's no way it should have gone to a delivery office 15 miles away from me, if she put the correct address on it.

I'll have to sit down tonight and put everything in chronological order and then come up with the wording for my defence. I'll let you all know...

annapantscats - good luck with your case.

frivolous_fay

Daft question... but do you have any connection with Loughton? Is there any way she could have sent the DS back to an old address?

Are your address details absolutely spot on in ebay?

I'm thinking of a problem my family used to have when we lived in Alderholt, Dorset - if anyone put 'Hampshire' instead of Dorset, our post went to AlderSHOT!

wileycat

frivolous_fay wrote: »

Daft question... but do you have any connection with Loughton? Is there any way she could have sent the DS back to an old address?

Are your address details absolutely spot on in ebay?

I'm thinking of a problem my family used to have when we lived in Alderholt, Dorset - if anyone put 'Hampshire' instead of Dorset, our post went to AlderSHOT!

Away from the issue a bit, but also you're mail centre for alderholt is in hampshire, which causes even more confusion.
And back...
You do need to find out if the idea was collected from a delivery office thats not YOURE delivery office, then it was not attempted delivery at you're address and therefore you have no chance of you ever receiving it, form left to an address in LOUGHTON and collected from LOUGHTON not you're area...You can't mix areas like that.
(If you need any more help on that...pm me with the postcode details)

bev77

No, I have never lived in Loughton and have no connection there at all. I don't know anyone who does either. My address is spot on on ebay, and no one else has ever had any problems.

bev77

Just another note, she has used MCOL for the claim. She lives in Coventry and I live just outside London, just inside Essex. I wouldn't have thought it'd get transferred to a nearer court, if it did, who would it be closer to, me or her? Or would it just stay with Northampton?

wileycat

So there's how you prove you never received the item at all.
If the item had a card left in LOUGHTON, and was returned to that delivery office and collected by someone who picked up the card...you can't be held responsible.
The delivery office track for the recorded delivery number will show the postcode for the office which received the signiture which should them not match up to you're postcode area.
You need to get that information from Royal Mail Customer Services.