Amazon seller small claims court

jennystarpepper

Manxman_in_exile said:

jennystarpepper said:

Jenni_D said:

Are you sure it's a real court claim? Does it have a court stamp on it? Have you tried logging on to MCOL (the password is on the court document) to check that the claim is real?

How much was the item and how much is the claimant claiming?

yes, I have been online to check via gov. website.  

And?  Is it genuine?   

[EDIT:  Sorry I don't understand if you mean "Yes - I've been on the website... " or "Yes - it's genuine..."]

Yes I have been online to check it is and the documents are genuine. 

Jenni_D

In which case you need to deal with the claim - you can't stick your hand in the sand and hope it goes away. That way leads to a default CCJ.

What is the date on the claim form?
Have you done the acknowledgment of service (AoS) yet? If yes, when did you do it?

The above is to understand by when you need to file your defence with MCOL (CCBCAQ@Justice.gov.uk - email it, don't type it into MCOL. In fact put NOTHING in the Defence box on MCOL - anything you enter there is your full defence and can't be changed without paying a fee). The same date is also by when you need to serve your defence with the claimant.

PS - I asked about item price / claim value to get an understanding of the reasonableness of the claim. Can you share the particulars of claim as they appear on the claim form? (Redact any details that may identify you).

PPS - if you're hoping for help and guidance please answer all questions asked - don't cherry-pick which ones you answer.

jennystarpepper

Jenni_D said:

In which case you need to deal with the claim - you can't stick your hand in the sand and hope it goes away. That way leads to a default CCJ.

What is the date on the claim form?
Have you done the acknowledgment of service (AoS) yet? If yes, when did you do it?

The above is to understand by when you need to file your defence with MCOL (CCBCAQ@Justice.gov.uk - email it, don't type it into MCOL. In fact put NOTHING in the Defence box on MCOL - anything you enter there is your full defence and can't be changed without paying a fee). The same date is also by when you need to serve your defence with the claimant.

PS - I asked about item price / claim value to get an understanding of the reasonableness of the claim. Can you share the particulars of claim as they appear on the claim form? (Redact any details that may identify you).

PPS - if you're hoping for help and guidance please answer all questions asked - don't cherry-pick which ones you answer.

Yes I am aware of all this.  I am not putting my 'hand in the sand' or 'cherry picking anything'.  

I have completed the documents required / issued the same day received.  Appreciate your detailed response.  

Many thanks.  

My main question was as @davidmcm answered. 

jennystarpepper

Jenni_D said:

In which case you need to deal with the claim - you can't stick your hand in the sand and hope it goes away. That way leads to a default CCJ.

What is the date on the claim form?
Have you done the acknowledgment of service (AoS) yet? If yes, when did you do it?

The above is to understand by when you need to file your defence with MCOL (CCBCAQ@Justice.gov.uk - email it, don't type it into MCOL. In fact put NOTHING in the Defence box on MCOL - anything you enter there is your full defence and can't be changed without paying a fee). The same date is also by when you need to serve your defence with the claimant.

PS - I asked about item price / claim value to get an understanding of the reasonableness of the claim. Can you share the particulars of claim as they appear on the claim form? (Redact any details that may identify you).

PPS - if you're hoping for help and guidance please answer all questions asked - don't cherry-pick which ones you answer.

To add 

Form was filled in as you stated / advised. 

Goods £35 and claim £3500.   

Sandtree

jennystarpepper said:

Apologies, I have a medical condition which makes tasks like this a bit difficult at times. 

I appreciate your situation but its also been a long week for me so perhaps my brain isnt functioning right....

In the first post I thought they were claiming for the cost of goods alone because you'd had a refund but refused to return the item

In the second post it sounds like they are claiming deformation and the financial loss being that amazon has stopped them selling

Which of the two is it? What values are they claiming?

Deformation is not my area of expertise at all but my understanding was it has to go to the High Court and cannot be heard in the County Court. 

jennystarpepper

Sandtree said:

jennystarpepper said:

Apologies, I have a medical condition which makes tasks like this a bit difficult at times. 

I appreciate your situation but its also been a long week for me so perhaps my brain isnt functioning right....

In the first post I thought they were claiming for the cost of goods alone because you'd had a refund but refused to return the item

In the second post it sounds like they are claiming deformation and the financial loss being that amazon has stopped them selling

Which of the two is it? What values are they claiming?

Deformation is not my area of expertise at all but my understanding was it has to go to the High Court and cannot be heard in the County Court. 

Hi

Yes it is the second,  Claiming for comments made.  The goods cost £35, and £15 to pay for a return.  I have not refused to return the item, but I will add after complaining to Amazon about the faults they advised me not to do anything and they will contact the company direct with my complaint.  I advised Amazon it is unfair for me to pay for postage as the item has 2 serious faults and to ask the seller to pay for return.  

They are claiming I left a bad review for an item and Amazon stopped them selling it and are claiming over £3500.  

Lol, appreciate your help, yes it has been a long week. 

Jenni_D

Doing the AoS the same day as receiving the claim has reduced the time you have to file your defence. You now have (I think) 14 days (+ 5 days for service) from the date of the AoS. If the AoS was on, say, 10-Feb then you need to file your defence by 01-March ... possibly by 03-March but I'd play it safe. (That's why I asked specific questions. Also, if you'd waited at least 5 days from the date on the claim form before doing the AoS you'd have had an additional number of days ... 28 + 5 from the claim date; doing the AoS early has slashed the available time).

One of your defence points will be that defamation claims cannot be heard in the County Court (where small claims are heard) therefore you'd argue that at least the defamation part of the claim must be struck out, if the judge is still prepared to hear the goods part of the claim. Also, as the claimant chose to pay £185 in filing fees by inflating the claim value by an amount not recoverable in the small claims track then you dispute their right to recover the whole costs in the unlikely event that they win. (Filing fee for a £35 claim is £25). Then you'd argue de minimis (I think that's the right term) ... raising a claim with £25 filing fees and £25 hearing fees for a claim value of £35 is disproportionate and an abuse of the court process.

Just some thoughts of mine. I wasn't having a dig at you - I was trying to help you. Information is needed to provide best help.

jennystarpepper

Jenni_D said:

Doing the AoS the same day as receiving the claim has reduced the time you have to file your defence. You now have (I think) 14 days (+ 5 days for service) from the date of the AoS. If the AoS was on, say, 10-Feb then you need to file your defence by 01-March ... possibly by 03-March but I'd play it safe. (That's why I asked specific questions).

One of your defence points will be that defamation claims cannot be heard in the County Court (where small claims are heard) therefore you'd argue that at least the defamation part of the claim must be struck out, if the judge is still prepared to hear the goods part of the claim. Also, as the claimant chose to pay £185 in filing fees by inflating the claim value by an amount not recoverable in the small claims track then you dispute their right to recover the whole costs in the unlikely event that they win. (Filing fee for a £35 claim is £25). Then you'd argue de minimis (I think that's the right term) ... raising a claim with £25 filing fees and £25 hearing fees for a claim value of £35 is disproportionate and an abuse of the court process.

Just some thoughts of mine. I wasn't having a dig at you - I was trying to help you. Information is needed to provide best help.

No offence taken Jenni.  I appreciate all comments.  Apologies again if my posts have confused anyone.

Thank you for your further input.  

The court document they have completed and the reasons given are very confusing, list wrong dates / information for the claim, also an error in the spelling of my name.  

As you state, a disproportionate claim amount and I am not aware Amazon will provide any proof / name me as a reason for why an item was removed from sale, GDPA would protect me from this.  

Thanks again x 

Manxman_in_exile

Is it just being assumed that the claimant is suing the OP for defamation as well as the cost of some goods?

If the claimant is suing for the value of lost sales because Amazon struck them off (or whatever the appropriate term is) because of the OP's negative comment about the claimant, is that necessarily defamation?  They may not be suing for any loss of reputation, but for lost income.  I would argue that is different.  (Isn't there a specific tort about that?)

Might be helpful if the OP could post up a redacted copy of the particulars of claim to see what the other side is actually claiming for and what the basis of that claim is

Arnisdale

Sandtree said:

jennystarpepper said:

Apologies, I have a medical condition which makes tasks like this a bit difficult at times. 

I appreciate your situation but its also been a long week for me so perhaps my brain isnt functioning right....

In the first post I thought they were claiming for the cost of goods alone because you'd had a refund but refused to return the item

In the second post it sounds like they are claiming deformation and the financial loss being that amazon has stopped them selling

Which of the two is it? What values are they claiming?

Deformation is not my area of expertise at all but my understanding was it has to go to the High Court and cannot be heard in the County Court. 

It certainly isn't...is defamation?