MSE in court,,,

superscaper

Brooker_Dave wrote: »

Did you follow court procedure and send the plaintiffs a letter before action?

Do you mean the defendants? Surely it's the OP who is the plaintiff. Although even then I think they've replaced "plaintiff" with "claimant".

Brooker_Dave

superscaper wrote: »

Do you mean the defendants? Surely it's the OP who is the plaintiff. Although even then I think they've replaced "plaintiff" with "claimant".

Good point.

Oggyoi

jeannieblue wrote: »

This thread is soooo not helping the OP at all - do you not realise that the last thread dropped you in it? And you are creating a new one to drop you in it further?

Hello?? Coffee??

<sniff, sniff >

I can smell it and I am wide awake

I think this is going to be a hiding to nothing. If you do win I think a legal precedent will be set here, where by people can just not bother reading and signing to agree to T&Cs, so instead of buyer beware, it will be seller beware.

I wouldn't mind a seat for this either.

If you do go ahead with it, all the best, but don't be disheartened when you lose.

superscaper

Brooker_Dave wrote: »

Good point.

Only a small point but an important one.

As an aside it'd certainly be interesting seeing this case as the OP is clearly in the wrong and the fact the defendants are using the OP's threads as part of their evidence seems to compound the case against him. Not sure why the OP can't "see" what seems pretty obvious and putting themselves through more hassle and expense to boot.

dmg24

superscaper wrote: »

Only a small point but an important one.

As an aside it'd certainly be interesting seeing this case as the OP is clearly in the wrong and the fact the defendants are using the OP's threads as part of their evidence seems to compound the case against him. Not sure why the OP can't "see" what seems pretty obvious and putting themselves through more hassle and expense to boot.

But didn't you know, the OP is right and we are all wrong?!!

I am still intrigued as to when and where the case will be heard, a question that the OP seems unwilling to answer.

A quick call to incarexpress may be in order?

mdbarber

dmg24 wrote: »

But didn't you know, the OP is right and we are all wrong?!!

I am still intrigued as to when and where the case will be heard, a question that the OP seems unwilling to answer.

A quick call to incarexpress may be in order?

the reason for that is i really have no idea whether that would influence things and as it is a "small claims route" there really won't be many seats but by all means if they provide those details, with their legal expertise i guess it would be alright
Obviously now there are getting a few more detailed questions which i will be unable to answer as it would be strategically foolish to do so.

dmg24

mdbarber wrote: »

the reason for that is i really have no idea whether that would influence things and as it is a "small claims route" there really won't be many seats but by all means if they provide those details, with their legal expertise i guess it would be alright
Obviously now there are getting a few more detailed questions which i will be unable to answer as it would be strategically foolish to do so.

It was 'strategically foolish' to post details of a court case on MSE!

I doubt anybody would turn up at the hearing (unless it was local, and we fancied a laugh), but it is of course possible to find out the conclusion of the case afterwards, with just the date, the names of the parties (not difficult to work out) and ideally, the relevant County Court.

It may be pretty easy to work out the rest of the information without a call to incarexpress. You have already mentioned the 30th, and the case is usually held at the court local to the defendant, so that should be pretty easy to work out!

Shall I pack my flask and sandwiches now?

andyrules

md for pity's sake if you won't heed the good advice on here spend 20 mins on the phone with the CAB or have a free half hour with a solicitor and cut your losses now.

uktim29

Let him loose his money!

mdbarber

andyrules wrote: »

md for pity's sake if you won't heed the good advice on here spend 20 mins on the phone with the CAB or have a free half hour with a solicitor and cut your losses now.

many thanks but how do you not know i have spent some time discussing this case with both trading standards and CAB(my neice works for them) both of which are mentioned in the original thread