Claim against me.

MadAsAHatter

The missus and I run a small Ltd company.

We sell the odd part online and via eBay etc.

A chap bought a part from us, then sent it back saying it was faulty.

Anyway, turns out it was damaged during fitting.

But my question is- He’s filed a small claims court action against us personally not the Ltd company. Is that correct? I’ve rang the court and they say to change it now that I would have to fill out a N244 and pay 100 and some pounds?!

Could this be used to strike off the case etc?

Sorry, not ofay with legal stuff.

Cheers.

Comms69

Why would you even consider paying for the claimants mistake.


A case is dismissed, not struck off; and yes, you have no liability if the LTD company is still trading.


What I am not clear on is - did you reply to the court with-in 14 days to confirm receipt; and in the same document or in another document with-in a further 14 days present this defence?

molerat

As long as your Ebay site is directly run by your ltd co and not you personally selling your ltd cos items then you have no liability. Just send the paperwork back in time and the claimant will find their error in court.



Intrigued to know why the claimant is suing as surely an Ebay faulty item claim is usually found in the buyer's favour even when they have trashed it (as I found out)- unless you put up a good fight of course !

MadAsAHatter

Sorry bit more info.

The original money claim thing came through. I replied to this with a defence and pictures etc.

Then on the 4th of Dec I got a small claims track notice. Stating a court date has been set for April 2019.

I contacted the mediation service but they say they cannot help as the name is wrong and I should contact the court. I did and they were pretty useless and just said see what happens at the hearing.

The guy rang us directly. He got our number from our eBay ad, but contacted us directly as he was trying to get more money knocked off.

tacpot12

Do you have evidence that the part was sent in good condition?
Do you have any evidence that the part wasn't damaged in transit?

MadAsAHatter

I have no proof.



The motors are tested by the distributor before despatch to us.

They are packaged with styrofoam in the vulnerable area.

The damage that it has sustained is comensurate with impacts from another harder object repeatedly.

As a side note. I had a conversation with the chap who fitted it and he admitted to using a crow bar to force the part into place. The instructions included of course prohibit this.


A lot of people just tell me to pay the guy and move on. But this chap is not a very nice guy and a bully. He’s left bad reviews about us on google. Hassled me via text but won’t answer the phone. And even said he hadn’t received the part and tried to claw his money back through the credit card company. Luckily we had the tracking info. He’s contacted some of my suppliers and professional bodies to try and make trouble for me, even though I’ve done no actual work for him other than supply a part.

All this while he is apparently a serving police officer. !

FestiveJoy

MadAsAHatter wrote: »

The missus and I run a small Ltd company.

We sell the odd part online and via eBay etc.

A chap bought a part from us, then sent it back saying it was faulty.

Anyway, turns out it was damaged during fitting.

But my question is- He’s filed a small claims court action against us personally not the Ltd company. Is that correct? I’ve rang the court and they say to change it now that I would have to fill out a N244 and pay 100 and some pounds?!

Could this be used to strike off the case etc?

Sorry, not ofay with legal stuff.

Cheers.

MadAsAHatter wrote: »

Sorry bit more info.

The original money claim thing came through. I replied to this with a defence and pictures etc.

Then on the 4th of Dec I got a small claims track notice. Stating a court date has been set for April 2019.

I contacted the mediation service but they say they cannot help as the name is wrong and I should contact the court. I did and they were pretty useless and just said see what happens at the hearing.

The guy rang us directly. He got our number from our eBay ad, but contacted us directly as he was trying to get more money knocked off.

Greetings. :xmastree:

Irt is that time of year again - you know, the time of goodwill to all men and the coming together of the larger family, and that is no different here at MSE I am so glad to see.

Your posts certainly raise some interesting pointst, which perhaps you could help clarify
1. What name and address are provided by ebay as to your business?
2. If ebay publish your company name, how did the bayer come by your name instead?
3. What was the outcome of the ebay dispute?

If you have received county court claim, it will tell you what you have to do & how. e.g. file a defence.
I've never heard of any defendant being charged to reply to a county court claim ... unless possibly you failed to do something you should already have done, as previously requested by the county court, and which you have failed to mention here.

County Court Form N244 is used to make an 'application notice' to ask a court to set aside or vary a judgment, or suspend an enforcement process.
It can also be used, for example to apply for a summons or order for a witness to attend or to apply by consent, or without service of the
application notice, for a judgment or order.

Why are you trying to do any of that? If not, what are you striving to do?

You at the end of your second post that the claimant got your name from ebay. Are you saying that you registered with ebay as a seller in person, rather than as a limited company?
If so, what makes you think the contrcat of sale was through your limited company?

Whilst it is the seaion to be jolly, and goodwill to all men etc, thgis is sadly not the place to seek legal advice ... and I suspect you need some of that

:xmastree::xmastree::xmastree::xmassign:

FestiveJoy

MadAsAHatter wrote: »

I have no proof.



The motors are tested by the distributor before despatch to us.

They are packaged with styrofoam in the vulnerable area.

The damage that it has sustained is comensurate with impacts from another harder object repeatedly.

As a side note. I had a conversation with the chap who fitted it and he admitted to using a crow bar to force the part into place. The instructions included of course prohibit this.


A lot of people just tell me to pay the guy and move on. But this chap is not a very nice guy and a bully. He’s left bad reviews about us on google. Hassled me via text but won’t answer the phone. And even said he hadn’t received the part and tried to claw his money back through the credit card company. Luckily we had the tracking info. He’s contacted some of my suppliers and professional bodies to try and make trouble for me, even though I’ve done no actual work for him other than supply a part.

All this while he is apparently a serving police officer. !

Could you post a copy of the installation instructions of this part that you sold, that , as you assert, prohibit the use of a crow bar to force the part into place.

Where did the serving police officer obtain the crow bar from? Was it siezed from the that bloke who will be going equipped in a few nights time, and letting into houses across the world?:santa2:

If so, I have it on good authority from his attorney, that he carries it with good cause i.e. a necessary tool of his trade apparently

MadAsAHatter

Merry Christmas to you also.

eBay has nothing to do with the transaction at all. Other than been used as an advertising tool.

Our telephone number is on eBay so he called us directly.

Bought and invoiced from the Ltd company directly.

I would assume he has gone online to find our names via companies house or similar.

My main question was that because he has named us directly and not the company. Would it be likely the case would be dismissed. Or is it a minor thing that the court would overlook?

After all. Is this not why limited companies exist?

Mistral001

I cannot see what the problem is. The plaintiff made a mistake about the Ltd (probably) and a court date is set. The court has said that you should turn up in court on the set date.

The plaintiff could well have to start a new court case after their day in court because they made a mistake. It is their money that they are wasting. If they have to pay two small claims court application fees, why should that worry you?

They have probably put themselves in a poor situation legally by suing the wrong person/company. If they had consulted a solicitor, the solicitor would have advised them who they should take to court, but obviously they didn't have any professional legal advice.

Remember it is easy to take these things personally. I know as a run a small business. At the end of the day these things are just part of doing business.

FestiveJoy

MadAsAHatter wrote: »

Merry Christmas to you also.

eBay has nothing to do with the transaction at all. Other than been used as an advertising tool.

...

So are you saying you conducted the transaction off ebay???

Isn't that against ebay rules???

MadAsAHatter wrote: »

Bought and invoiced from the Ltd company directly.

What did you buy? And what has that got to do in connection with the county court claim you have received???