Trader is defending the claim against them - any advice?

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  • BorisThomson
    BorisThomson Posts: 1,721 Forumite
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    sezzybear wrote: »
    Thank you all - my original query was regarding whether I would get a chance to tell the court that that the defence was factually incorrect and to whether I should send the correspondence that the trader has not sent to the court. I didn't actually ask for advice on the merits of my claim, although I am very grateful for any and all advice given so far.


    I have had the answer to my original query. I promise I will update this thread when the court case is over so you can all see what the outcome was.

    Not much point in knowing the outcome of a case that we don't know the full story of.
  • waamo
    waamo Posts: 10,298 Forumite
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    sezzybear wrote: »
    Thank you all - my original query was regarding whether I would get a chance to tell the court that that the defence was factually incorrect and to whether I should send the correspondence that the trader has not sent to the court. I didn't actually ask for advice on the merits of my claim, although I am very grateful for any and all advice given so far.


    I have had the answer to my original query. I promise I will update this thread when the court case is over so you can all see what the outcome was.

    In that case the answer is that it depends. A judge will often look over your case before it comes to court. If their defence is that your claim is completely without merit it may be the thrown out without a hearing if the judge agrees.
  • ScorpiondeRooftrouser
    ScorpiondeRooftrouser Posts: 2,851 Forumite
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    BorisThomson wrote: »
    Not much point in knowing the outcome of a case that we don't know the full story of.

    Well indeed. Except "full story" is a bit much; we don't even have the basic details. I honestly can't understand why he thinks people will somehow be backing him and wanting him to win based simply on the fact that he has posted here and the other party hasn't.
  • Gavin83
    Gavin83 Posts: 8,749 Forumite
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    I suspect the retailer hasn't told him they haven't dispatched it at all but rather believe it's been delivered. Otherwise I can't see them defending the claim. Hopefully they don't have any proof it's been delivered otherwise the court case won't go very far.
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