Money Claim Online - is your private data shared?

Bachelorplace

I need to do a claim against a scam eBay seller. 

I would rather not them see my name and address on the paper work which is served to them. 

Does this mean I cannot claim as the defendant will see who you are and where you live? 

Lomast

Yes they are entitled to know who is claiming against them but surely they already have your name and address from the sale in the first place

Ectophile

No, you can't anonymously sue someone.  That would be totally unfair on the defendant, who wouldn't be able to defend themselves properly if they didn't even know who was suing them.

dj1471

You will need to send a letter before action before initiating a claim, this will also need to have your name and address on…

Jenni_D

dj1471 said:

You will need to send a letter before action before initiating a claim, this will also need to have your name and address on…

An LBA is not mandatory but is recommended - you can still start court action without having first issued an LBA, but the judge may take this into account when assessing the amount of the claim. (The judge can't rule against a claimant simply for having failed to issue an LBA, but they can amend the amount awarded should the claim succeed if they judge the claimant acted unreasonably).

Sandtree

Jenni_D said:

dj1471 said:

You will need to send a letter before action before initiating a claim, this will also need to have your name and address on…

An LBA is not mandatory but is recommended - you can still start court action without having first issued an LBA, but the judge may take this into account when assessing the amount of the claim. (The judge can't rule against a claimant simply for having failed to issue an LBA, but they can amend the amount awarded should the claim succeed if they judge the claimant acted unreasonably).

The amount of damages are very unlikely to be adjusted, though it would depend on the exact nature of the case. What is more commonly (and its still rare) impacted is the award of costs... normally if a claimant wins the court fees are paid and if its above small track some/all of their legal fees however if the courts determine that they didnt follow the CPR and/or didnt make sufficient attempts to resolve before issuing then the court can refuse to award costs and in worst cases, may even make the successful claimant contribute to the defence's costs. 

Jenni_D

To be fair, I didn't say amount of damages, I said amount awarded (which would include costs).

But yes - you've explained it more fully.