Re: A Parcel sent to me worth 99p ! Court Claim received !

by memegirl777 Wed Oct 30, 2024 6:47 pm

3.2 Is correct , But . He did not ask my advance permission to arrange collection on the Thursday which was 2 days time , He informed me it was happening ,
To which I then told him was not possible from my end ,

3.3 He sent 5 on the 10th messages via ebay but I blocked his messages for around a week as I was busy ,
He then sent 6 messages from the 19th to the 26th all of which I had no idea of as I had blocked his messages ,
Text messages again 3 on the 10th so I blocked him assuming he was going to start on there also , and one on the 18th , 20th, 21st

None of which offered a return address , A label , etc all just asking if I had posted it , but I did not have an address to post to ,

by memegirl777 Wed Oct 30, 2024 6:49 pm

I should add ,

I printed off proof that I had not read his ebay messages before I opened them to read , I had no idea he was still sending messages until the claim came through the post ,

by memegirl777 Wed Oct 30, 2024 6:57 pm

I therefore did not receive this on the 21st ,

I have tried to contact you through various mediums on multiple occasions, but you have failed to respond.
I have requested return of my property sent to you in error, which you confirmed you had received in error. I arranged collection of my property to avoid any financial outlay on your part, which you instructed me to cancel at the same time ensuring me you would post the item back to me on Tuesday 10th September 2024.
This has not been done, so this letter is to inform you that if I do not receive my property within seven days from date of this correspondence, I will take alternative action to claim my financial outlay and loss of my property.
Yours Faithfully
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I had at no point stated that I would send the item back on the 10th ,

Infact this is what I had sent him ,

............................................

Your previous message

Please cancel the collection of the spurs as I will not be in as previous I will be at new yard ,

Can we concentrate on the ... block as you seem to be more bothered about the s...rs ..

As soon as the ........... block is delivered I will sort the .......... out ,

....................................................................................................

And my previous message was .............................

will wait until the ............. block arrives then sort this out as am busy building stables at the moment so would not have time to go to the post office until next Tuesday as my horses move on Wednesday .

So I had not even given a date ,
At this point I honestly thought I was dealing with a scammer ,

by memegirl777 Yesterday at 1:50 pm

So I have today had to spend an hour holding to find out why I had no password to access the claim,
Apparently the paperwork / claim tells me to go to the wrong site , Which is why I can not access the claim ,

So here goes I will be working on the defence today .

by waylander62 Yesterday at 4:16 pm

ok well read through your own posts

you have almost written a defence in your posts.

stick to what is relevant and respond to what he is saying in his claim/evidence and pull it apart piece by piece, expose where he has lied or bent the truth in his favour. i notice he said he lost the sale of the item due to you not sending it back ( somewhere i think ) make sure you point out that at no point were you told that this should have been sent to someone else immediately. Also if true make sure you had no way of returning it without an address to send it ? and explain why it couldn't be collected when he wanted it collected .cover all what he is saying in his claim

this would be my advice on this.

by memegirl777 Yesterday at 4:25 pm

Hi waylander,

So as no law actually covers this exact circumstance ,
Just tell the story as it lays ,

I've spent all day trying to write my defence and as usual go off on a tangent , and winding myself up further
I am at a meeting tonight but will sit at a cleared table tomorrow with no interference and complete it ,
His POC is so vague there is not a lot to go at ,
In my view he has not given enough time for return ,
Advance warning of claim never mind 30 days ,
And a false claim amount wise ..
All for 7 quid inc postage ,

by waylander62 Yesterday at 4:39 pm

well like i said

pre action protocol for one thing

then just go through his POC and defend his claim

look its like this, he has made a claim, his POC is saying hey Judge i want this money because of this happening ..... and his POC is telling the Judge why he should order you to pay it, so..... rrip his claim apart in your defence and tell the Judge why he shouldn't order you to pay it and to strike out his claim.

it is that simple.

by memegirl777 Yesterday at 11:50 pm

Thankyou as always waylander ...

I am renowned for over thinking the situ ..

Ass kicked .. brain in to gear ..

I will update once done

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