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

da_rule

Well what a mess.

Good luck with everything, and keep this thread updated as it’ll be interesting to see how the judge deals with this.

There wasn’t any suggestion that the videos weren’t legal, however it seemed that you were concerned that details of their content being linked to you may be problematic for you. So I was simply pointing out that by bringing a case to court you have put these details in the public domain.

If you really are happy to settle for £0 then why don’t you put this to her? Offer that:

1) You’ll discontinue her claim and not claim or pay costs;
2) She agrees to set aside the summary judgment;
3) She agrees to discontinue her counterclaim and not claim or pay costs.

Alternatively:

1) You’ll discontinue your claim and not claim or pay costs;
2) The default judgment stands but she agrees to accept £0 in damages and no costs.

stragglebod

October868 wrote: »

Hello, the reason why I have stated that I was a Consumer is because that is what I deemed myself to be/what the defendant deemed me to be/and is a match to how the Consumer Rights Act describes a consumer; And so I don't want to lie to the judge by claiming that 'at the time of making this arrangement I was a business'.

I could state that I wasn't a consumer, and instead was a business, but the 1st question the judge could then ask me is-
''Ok please tell me the structure of what your business was at that time?''

But my answer to that would then have to be-
''Well I didn't actually own any sorta of website or ecommerce store at that time, nor did I own any stock to sell, nor did I have any customers linedup; I was simply an indivdual who was ordering a batch of custom-scripted videos (designed to my personal taste) and so for my personal viewing predominantly, but in my mind I also had the idea that I would like to hopefully try selling copies of these videos to other people over the future months/years (if I ever encountered anyone online who was also interested in the same specific style of these videos), which would thus help me recoup a portion of the cost of these videos''.

But so the judge would then likely ask why I had lied and tried to claim that I was running a business at that time, when the reality was that I was simply an individual who had a loose idea in my mind which had a business-element to it, but nothing else.

You don't by any chance happen to know someone called Fred?

October868

Well those videos don't actually feature me in them, and so visually there is no link between myself to them.
However ultimately they are 'adult nature' videos (although not sexual-nature | simply dramatic acting but non-sexual), but so if/when the defendant starts contacting my friends/colleagues/going online and and discloses details of videos which I may choose to commission for my own private viewing; well even though I've done nothing illegal, the damage can still be immense.
(Plus the defendant also has been adding in false rumours that I'm a paed-ophile in my personal life... ect)

#

And sadly I very much doubt that'd work now that she has gotten a default-judgement (due to me not having been aware that I needed to file a defence to her counterclaim within 14days).

She knows that my claim is true & correct, and that she has even admitted in writing that she owes me the money.
She also knows that her defence/counterclaim has no actual basis in law (as her defence/claim literally just is ''he said that he would be looking to place orders for more clips in the future if he liked the 1st batch, therefore if he had placed those orders I would of earnt £xxx thousand pounds in total, therefore that sum minus the money which I owe him = a surplus for me of £5,000 - £7,000+).

But so whilst before the default-judgement was made she would've likely been happy to accept a settlement where she paid me less/or even £0 (as she knew if the claim was heard in court she would almost certainly lose due to having no valid defence),
now that the default-judgement is there in her favour, well she is set to be awarded the full sum of her claim by default (so however many thousands of pounds she specified in her claim).

Thus she would think there is no logical reason for her to accept £0, when she's currently set to be awared £5,000+...

wealdroam

It is sometimes not a good idea to use the same username on more than one website.

October868

I don't.


Created this October username purely for this forum, never used it before.

October868

But so can I just check & confirm please that there is no hidden-away legislation which states that-
If one person says to another during an online conversation that "they will be looking to place orders in future for lots more of the product", but then doesn't place those orders in future, they are then still liable to pay the other person the sum of money that they would've paid if they had placed those orders?

I know the Consumer Rights Act states that ''a party can withdraw an offer to buy before an order is made",
and so in accordance with that legislation I presumably would be fully within my rights to choose to not place any future orders.

But if I wasn't deemed as a consumer, instead was deemed as being a business, is there any other legislation which states the same thing please?

waamo

There is no such thing as "hidden away legislation". To answer your question merely stating you intend making future orders doesn't come close to being a binding contract.

October868

waamo wrote: »

To answer your question merely stating you intend making future orders doesn't come close to being a binding contract.

Thankyou so much for confirming that.
Is there any legislation which confirms that though please?

As the Consumer Rights Act has the paragraph which states that ''an individual can withdraw an offer to buy at anytime before an order is made'',
but so is there any other similar legislation please which I could physically print out and show in a court which supports my defence/shows her claim basis is invalid?

Sorry for asking so much help btw, I personally am nothing special though so know nothing about law or legislation, and am now literally just surviving on a diet of co-codamol & alcohol due to how much anxiety and stress this is causing on me and my life!

waamo

October868 wrote: »

Thankyou so much for confirming that.
Is there any legislation which confirms that though please?

As the Consumer Rights Act has the paragraph which states that ''an individual can withdraw an offer to buy at anytime before an order is made'',
but so is there any other similar legislation please which I could physically print out and show in a court which supports my defence/shows her claim basis is invalid?

Sorry for asking so much help btw, I personally am nothing special though so know nothing about law or legislation, and am now literally just surviving on a diet of co-codamol & alcohol due to how much anxiety and stress this is causing on me and my life!

It's basic contract law. See post 68 by unholyangel, it describes the elements of a contract. If one element is missing then no contract.

stragglebod

October868 wrote: »

Sorry for asking so much help btw

You aren't asking for help. You're asking for confirmation that you're right.