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MSE in court,,,

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  • cavycrazy_2
    cavycrazy_2 Posts: 243 Forumite
    mdbarber wrote: »
    oh dear insults just ain't the same when you have to explain them,,
    ps i'm suing for 86.98 + courts costs etc not 7p

    Oh dear, you really need to remember what you have previously written.

    yes i made a counter offer it was higher than theirs by 7p and it was rejected on that basis lol,
    wonder if i can drop this and get my money back from a newspaper story, i have very good documented evidence
  • mdbarber
    mdbarber Posts: 1,116 Forumite
    hollydays wrote: »
    How did you acquire costs?
    its the court fees
    cavycrazy wrote: »
    Oh dear, you really need to remember what you have previously written.

    yes i made a counter offer it was higher than theirs by 7p and it was rejected on that basis lol,
    wonder if i can drop this and get my money back from a newspaper story, i have very good documented evidence

    no, if you read properly "they rejected the offer on the basis it was 7p higher", my rejection of their offer was not because it was 7p lower but because it contained silly conditions,
    any one can edit bits of post out of context to make others look silly so please don't do that again
    click here to achieve nothing!
  • Sssssss
    Sssssss Posts: 1,094 Forumite
    hey mdbarber, big day tomorrow, keep us posted
  • jeannieblue
    jeannieblue Posts: 4,761 Forumite
    Part of the Furniture Combo Breaker
    Looking forward to hearing the outcome :j
    Genie
    Master Technician
  • mdbarber
    mdbarber Posts: 1,116 Forumite
    Looking forward to hearing the outcome :j

    Well peeps it looks like we have to wait another four weeks to hear an outcome.
    I have been trying to find out whats going on as I have received no formal notification from the courts(ie written).
    It seems like their objection to the hearing was the fact they have to travel a long way?, surely the reason for that is that they haven't paid me my money? lol we can wait.
    It seems slightly ridiculous that someone can circumvent the law because "it's not convenient" or "we can't afford it"

    As someone who hasn't spent much time dealing with civil court's it all seems rather lacking.
    click here to achieve nothing!
  • Rex_Mundi
    Rex_Mundi Posts: 6,312 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    mdbarber wrote: »
    It seems like their objection to the hearing was the fact they have to travel a long way?,

    I don't believe this. It is the defendants right (and normal practice) to have the case heard in a court local to them, not the plaintiffs (your) local court. If anyone has to travel, it is you. If the case hasn't already been transfered to the companies local court, they can easily apply to have this done and it will be granted.
    How many surrealists does it take to change a lightbulb?
    ...
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    Fish
  • mpython
    mpython Posts: 3,677 Forumite
    1,000 Posts Combo Breaker
    I agree with Rex-mundi, AFAIK, its the defendents right to elect to have the hearing in a court of their chosing. I recall that about 15 years ago Hoover gave away free flights with a new vacuum cleaner only to find they couldn;t fulfill all the claims. They ended up having hearings at opposite ends of the country to where the plaintiffs lived, many people dropped their cases due to the travel costs.

    On the positive side, assuming the OP wins his case (which I still doubt based on the evidence in this and the other thread), he will be able to claim reasonable travel costs on top of his claim.
    From MSE Martin - Some General Tips On Holiday Home Organisations and Sales Meetings

    DO NOT TOUCH ANY OF THEM WITH A BARGEPOLE!
  • mdbarber
    mdbarber Posts: 1,116 Forumite
    Well sorry guys but apparently this is not the case, and before you ask i don't know why, the facts are
    1 I issued summons on-line which i believe is based thru a court in the midlands
    2 When they entered defence it was transferred to my local court
    Also it is true, according to the courts office manager, that is the reason apparently
    click here to achieve nothing!
  • superscaper
    superscaper Posts: 13,369 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    mdbarber wrote: »
    Well sorry guys but apparently this is not the case, and before you ask i don't know why, the facts are
    1 I issued summons on-line which i believe is based thru a court in the midlands
    2 When they entered defence it was transferred to my local court
    Also it is true, according to the courts office manager, that is the reason apparently

    Every case I know of personally has been held in the defendant's home juristication not the plaintiff's. Both for when locally applied and doing it online.
    "She is quite the oddball. Did you notice how she didn't even get excited when she saw this original ZX-81?"
    Moss
  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    mdbarber wrote: »
    Well sorry guys but apparently this is not the case, and before you ask i don't know why, the facts are
    1 I issued summons on-line which i believe is based thru a court in the midlands
    2 When they entered defence it was transferred to my local court
    Also it is true, according to the courts office manager, that is the reason apparently

    Maybe because the defendant actually has an office near where you are based or has decided they want it in your local court.

    It does clearly state on court forms and on moneyclaimonline that the case will be transfered to the defendants local court..
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
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