Sold Campervan buyer wants money back

saajan_12

mandy1955 said:

Update
I tried to respond to the accusations yesterday on line.  I answered every single point he made against me when I went to send my reply it came back as 'the request is blocked'...
I forwarded a screenshot of this response to the court email address given, then I requested a further 14 days.  I didn't want to do this as I wanted to get it sorted.  
Has anyone else had this issue with online civil money claim cases? Could it be because I answered all the points on the claim, my response was about an A4 size reply.
Should I only make a brief reply at this stage saying I reject all claims made against me and will I get a chance to give my response in full later on. 
Sorry, I've never had to do this before.

There is a tight word limit on the online system - you can email in your defense if that's the issue.
Also when you say requested 14 days, do you mean that you filed an Acknowledgement of Service which gives you 14 days, but you don't have to wait out the whole thing. 

I wouldn't advise just saying the details will be given at a later date, as that'll just postpone things to a hearing and it could be argued that you didn't give the claimant sufficient details about your defense to allow them to prepare. 

mandy1955

mandy1955 said:

Update
I tried to respond to the accusations yesterday on line.  I answered every single point he made against me when I went to send my reply it came back as 'the request is blocked'...
I forwarded a screenshot of this response to the court email address given, then I requested a further 14 days.  I didn't want to do this as I wanted to get it sorted.  
Has anyone else had this issue with online civil money claim cases? Could it be because I answered all the points on the claim, my response was about an A4 size reply.
Should I only make a brief reply at this stage saying I reject all claims made against me and will I get a chance to give my response in full later on. 
Sorry, I've never had to do this before.

There is a tight word limit on the online system - you can email in your defense if that's the issue.
Also when you say requested 14 days, do you mean that you filed an Acknowledgement of Service which gives you 14 days, but you don't have to wait out the whole thing. 

I wouldn't advise just saying the details will be given at a later date, as that'll just postpone things to a hearing and it could be argued that you didn't give the claimant sufficient details about your defense to allow them to prepare. 

Hi, thank you for the reply.  It gave me the option to ask for more time to respond but I only did that because it wouldn't let me respond to the claims against me.   It kept saying the request is blocked.  Now I don't know what to do to put my side across. 

GrumpyDil

Hi 

The system will have let you acknowledge having received the claim and then you have a specific timeline in which to file your defence. 

Advice on parking forum cases is to acknowledge the claim online and then submit your defence via email.

If you entered any info in the defence box online then it is likely that will be treated as your defence which might be a problem but without knowing what you have submitted no one can tell. 

Do you have any legal cover on your motor or household insurance policies as if so I would strongly recommend talking the situation through with them. 

Petriix

You need to read the advice you're given extremely carefully as this has been covered already. Hopefully you didn't submit a partial defence online at this stage because it would undermine your position. There are really clear details about how to submit your defence in the parking section of this board, normally you would email it. 

Petriix

mksysb said:

Before you do anything, head over to the parking sub forum

https://forums.moneysavingexpert.com/categories/parking-tickets-fines-parking

They deal with small claims all the time, against parking companies, but the process is the same and described on the newbies thread.  They say don't fill in your defence online, leave it blank as it can't be changed after.  Once acknowledged , you have plenty of time to file a defence and your witness statement.  Although not parking, there are a lot of knowledgeable people over there who I'm sure can assist if you get stuck.

Follow this advice! 

Okell

Petriix said:

You need to read the advice you're given extremely carefully as this has been covered already. Hopefully you didn't submit a partial defence online at this stage because it would undermine your position. There are really clear details about how to submit your defence in the parking section of this board, normally you would email it. 

Petriix said:

mksysb said:

Before you do anything, head over to the parking sub forum

https://forums.moneysavingexpert.com/categories/parking-tickets-fines-parking

They deal with small claims all the time, against parking companies, but the process is the same and described on the newbies thread.  They say don't fill in your defence online, leave it blank as it can't be changed after.  Once acknowledged , you have plenty of time to file a defence and your witness statement.  Although not parking, there are a lot of knowledgeable people over there who I'm sure can assist if you get stuck.

Follow this advice! 

I advised the OP to do exactly this in two separate posts on 01 August - over two weeks ago...

Okell

mandy1955 said:

mandy1955 said:

Update
I tried to respond to the accusations yesterday on line.  I answered every single point he made against me when I went to send my reply it came back as 'the request is blocked'...
I forwarded a screenshot of this response to the court email address given, then I requested a further 14 days.  I didn't want to do this as I wanted to get it sorted.  
Has anyone else had this issue with online civil money claim cases? Could it be because I answered all the points on the claim, my response was about an A4 size reply.
Should I only make a brief reply at this stage saying I reject all claims made against me and will I get a chance to give my response in full later on. 
Sorry, I've never had to do this before.

There is a tight word limit on the online system - you can email in your defense if that's the issue.
Also when you say requested 14 days, do you mean that you filed an Acknowledgement of Service which gives you 14 days, but you don't have to wait out the whole thing. 

I wouldn't advise just saying the details will be given at a later date, as that'll just postpone things to a hearing and it could be argued that you didn't give the claimant sufficient details about your defense to allow them to prepare. 

Hi, thank you for the reply.  It gave me the option to ask for more time to respond but I only did that because it wouldn't let me respond to the claims against me.   It kept saying the request is blocked.  Now I don't know what to do to put my side across. 

I think you should also try looking at the Legal Beagles forum.  They advise people on defending court claims all the time.

Look at this board  -  Received a Court Claim? - LegalBeagles Forum

and this - First Steps to take on receipt of a County Court Claim - LegalBeagles

and this thread as an example of a claim against someone who sold a car  -  New Claim from a guy who purchased my vehicle - LegalBeagles Forum

or this  -  Claim for Used Car Sale - LegalBeagles Forum  (In particular see post #11 and subsequent for advise on drafting a defence)

[Edit:  You could also start a new thread there if you still have time...]



[Edit:  I'm still confused about exactly what the buyer asked you about whether the cam belt had been replaced and exactly what you told him.  And was there also some confusion about the mileage as to whether kilometres or miles?]

Okell

Also, can you remind us how much the claimant is actually claiming?  I'm not sure if you've said.

Okell

@mandy1955 -  Has the claimant raised any issues about the van's mileage?

Back on 12 June I pointed out that there was a discrepancy between the mileage recorded on its MOT history and the mileage in your advert.  

Presumably(?) it's because the odometer is measuring in kilometres but several* MOT centres have recorded it as in miles.

But has the claimant raised this as an additional part of their claim?  [Edit:  ie have they used this at all to claim that the vehicle is not - according to its MOT history at least - as described?]

Jenni_D

Re. MOT history mileage ... my partner's car was MOT'd recently and the garage made an error and recorded the trip odometer as the actual mileage. (They hadn't spotted the decimal point). This put the MOT mileage about 10k higher than the actual mileage. Fortunately we spotted the error and got the MOT records updated straight away. (Just in case this is an alternative reason for the MOT mileage being wrong).