Defendant filed a counter-claim, But no order was made by the court that I had to file a defence.

DoaM

No ..other people have presumed that the nature of the product/service implied a B2B contract. OP has said all along that they have been acting as a Consumer.

Whether a judge would agree is another matter - none of us can say for sure.

October868

I commissioned the product to be produced for myself personally, but with part of the deal being that I would also have the right to re-sell it directly to other people;
But so it was ''for a purpose mainly outside of my trade/profession''.
(As my profession was a regular normal job | Which had nothing to do with videos or even sales of any products).

I regarded myself as 'a customer'/and the defendant herself even also regarded me and has described me in her defence as a having been 'a customer' too.

As per our written agreement I would simply of had the right to sell the item to others if I wished, for the specific purpose of recouping some of the money I spent purchasing it, which I would then use to purchase more of the product for myself from the defendant.

da_rule

October868 wrote: »

I commissioned the product to be produced, with part of the deal being that I would have the right to re-sell it to other people;
But so it was ''for a purpose mainly outside of my trade/profession''.
(As my profession was a regular normal job | Which had nothing to do with videos or even sales of any products).


I regarded myself as 'a customer'/and the defendant also regarded me and has described me as a having been 'a customer' too.

I think that’s a dodgy argument. Your intent to sell it could be seen as a business (the business of re-selling that piece of work).

Also, the reference to customer is irrelevant. There are 1000’s (probably a huge underestimation) of commercial contracts out there where both parties are acting in connection with their business, but they will still refer to each other as ‘supplier’ and ‘customer’ as this just makes the relevant contractual roles easy to understand.

The only good thing is that that particular section of the Act is somewhat poorly worded in that if you make the assertion that you were a consumer (for the purposes of the Act) it is for the other side to disprove this claim.

KeithP

Of course everyone will agree that you are a customer. No-one has ever said otherwise.

Please stop using the word customer.

The current discussion is whether you are a consumer or not.

da_rule

KeithP wrote: »

Of course everyone will agree that you are a customer. No-one has ever said otherwise.

Please stop using the word customer.

The current discussion is whether you are a consumer or not.

And let’s hope in their particulars of claim the Op has used the correct terminology, as there is no such thing as a customer under the Consumer Rights Act, only a consumer.

October868

According to the Consumer Rights Act the definition of a consumer is-
''A consumer is an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession." This extends beyond any previous definition in UK or EU law as it includes contracts that are entered into for a combination of personal and business reasons''.

So even though my intention/activity involved an element of business, it was mainly outside my core trade/profession.
As it was merely a case of me purchasing an item for £100, then looking to hopefully potentially recoup £30 - £40 of that cost via selling it, which I would then look to use towards purchasing more of the product.

KeithP

How does this statement from your other thread fit in with your assertion that you were acting as a consumer?...

October868 wrote: »

They ignored the message/however stated that if I did use (sell) any of the content which they had produced (despite it having been produced on the specific clear basis that it was for commercial sale by me) that they would 'sue me'.

It is the very clear statement "...it having been produced on the specific clear basis that it was for commercial sale by me" that troubles me.

That is not the action of a consumer.

da_rule

£100? I thought you were claiming in excess of £3,000?

brianposter

Seems to me that someone who is setting up a business is a consumer until the business starts functioning.

October868

What is a 'non-commercial' sale please?
(As in my view any form of business/sales activity is a commercial activity)


As stated, this was in no way my main profession/trade, was merely a 1-off purchase.



#


And yes the £100 was just an example sum to give an indication of % per video that I was hoping to re-coup.