Trading Standards vs incarexpress.co.uk

mdbarber

mrcow wrote: »

Are they requesting that it is heard in a court nearer to them?

I've only had one experience of a small claims procedure and it was years and years ago, but iirc, the defendant is completely entitled to request this?

sorry mrcow was hoping to answer that one when i received the letter from the court which i was told was being sent Monday yet still hasn't arrived.
At this moment I'm completely in the dark as to why this has happened and was hoping the letter would reveal all.
Talking to the Trading Standards gentleman yesterday and he says that because the defendant is a limited company and i am an individual the rules is it's heard in my local court.

Bamber19

mdbarber wrote: »

Talking to the Trading Standards gentleman yesterday and he says that because the defendant is a limited company and i am an individual the rules is it's heard in my local court.

Hasn't that already been disporved on here? That the only difference is that it's not automatically transferred to the defendants local court if they are a limited company?

mdbarber

Bamber19 wrote: »

Hasn't that already been disporved on here? That the only difference is that it's not automatically transferred to the defendants local court if they are a limited company?

Apparently not, this case was started on-line with MCOL, based in the Midlands I believe, and it was automatically transferred to my home town after they entered defence papers.
What is most interesting though is the fact that all through this they have sent me several letters/emails threatening me with huge costs should I pursue this in a legal fashion.
So why are they worried about the costs of travel when they are so confident of winning this?

Bamber19

mdbarber wrote: »

Apparently not, this case was started on-line with MCOL, based in the Midlands I believe, and it was automatically transferred to my home town after they entered defence papers.

It was started by you though? It wasn't automatically transferred to your local court it was put there to start with because you brought the case. What has been stated in the past is that had the defendant been a private person the case would then have automatically been transferred to their local court, but as they are a Ltd. company this transfer is not automatic, they are still entitled to ask for the transfer though.

mdbarber

Bamber19 wrote: »

It was started by you though? It wasn't automatically transferred to your local court it was put there to start with because you brought the case. What has been stated in the past is that had the defendant been a private person the case would then have automatically been transferred to their local court, but as they are a Ltd. company this transfer is not automatic, they are still entitled to ask for the transfer though.

Think you are missing the point, the case wasn't started in my local court, it was started through money claims on-line, so in essence it was transferred to my local court without any request from myself so "automatically"

Bamber19

mdbarber wrote: »

Think you are missing the point, the case wasn't started in my local court, it was started through money claims on-line, so in essence it was transferred to my local court without any request from myself so "automatically"

mdbarber wrote: »

Think you are missing the point, the case wasn't started in my local court, it was started through money claims on-line, so in essence it was transferred to my local court without any request from myself so "automatically"

It is you that has missed the point, it was started online but not at "the online court" it was started by you so goes to your local court. To say it was started at the online court is pedantic, it was started online for your local court. If the defendant had been an individual it would then automatically have been transferred to their local court, but beccause they are a limited company this doesn't automatically happen, they do still have the right to request it, it jsut isn't automatic.

The fact you started it online is insignificant, you started it online for your local court. Even if this is not the case, and I'm willing to accept I could be wrong the point still stands that the defendant can aske to ahve it transferred to their local court.

the issue was that after i posted this "Hasn't that already been disporved on here? That the only difference is that it's not automatically transferred to the defendants local court if they are a limited company?"
you disagreed (although what you posted offered nothing in support of the opposite position) yet that simply is the case, it's in your court but they have a right to request it be moved to theirs.

mdbarber

Bamber19 wrote: »

It is you that has missed the point, it was started online but not at "the online court" it was started by you so goes to your local court. To say it was started at the online court is pedantic, it was started online for your local court. If the defendant had been an individual it would then automatically have been transferred to their local court, but beccause they are a limited company this doesn't automatically happen, they do still have the right to request it, it jsut isn't automatic.

The fact you started it online is insignificant, you started it online for your local court. Even if this is not the case, and I'm willing to accept I could be wrong the point still stands that the defendant can aske to ahve it transferred to their local court.

the issue was that after i posted this "Hasn't that already been disporved on here? That the only difference is that it's not automatically transferred to the defendants local court if they are a limited company?"
you disagreed (although what you posted offered nothing in support of the opposite position) yet that simply is the case, it's in your court but they have a right to request it be moved to theirs.

WTH?, i think its you being pedantic, I offered nothing to backup my claim ?
I described what had actually happened, it is you making statements wo backing anything up.
It seems the on-line court is a part of Northants county court and the impression I got was it would have been dealt with entirely from there had incarexpress not entered a defence.

Freddie_Snowbits

mdbarber wrote: »

had incarexpress not entered a defence.

:rotfl: :rotfl: :rotfl: :rotfl:

Halftime at the ICE Fitter match of the Century

ICE Fitter Nil, Defendants 1

A difficult first half this has been, although ICE Fitter seems to have laid all his cards on this forum, including the admission that he cannot read terms and conditions, nor return goods to the shop he bought them from for a refund. Still, the crowd has gone quiet as we wait with bated breathe what is holding up this case. I cannot see any substitutions though at this stage.

Join us after the interval, when ICE Fitter puts his elementary reading skills to the test!

grayme-m

mdbarber wrote: »

It seems the on-line court is a part of Northants county court and the impression I got was it would have been dealt with entirely from there had incarexpress not entered a defence.

I'm confused again.

You went online and started your claim so it was going to be heard in Northants (which is not that far from Cambridge).

Then ICE put in a defence and the case automatically moved a long way away to your local court?

mdbarber

Freddie PLEASE stop babbling the same irrelevant nonsense it's not even remotely funny let alone accurate, can you not think of something original to post. .
As stated many time the goods were rejected under the SOGA, the companies T&C's do not affect my rights under this so why do you keep bringing them up?

grayme-m wrote: »

I'm confused again.
You went online and started your claim so it was going to be heard in Northants (which is not that far from Cambridge).
Then ICE put in a defence and the case automatically moved a long way away to your local court?

Yup that is definitely the case, but at this stage it's a bit irrelevant as I am pretty sure they don't intend to turn up at any hearing anyway no matter where it is.