legal help

**Canker_Canison** · 3 May, 2011, 16:54

I always thought that if you take somebody to court, the venue has to be close to them.
If this is right then it should be at your local court.

**thered** · 3 May, 2011, 17:00

Originally posted by Canker_Canison

I always thought that if you take somebody to court, the venue has to be close to them.
If this is right then it should be at your local court.

well its not

thanks for the answer although its not really the one i was looking for though i just want clarification really

if i tick box for contest jurisdication i want to know what it means and what i am getting into

the other is has he got a leg to stand on

all i can see is a claim of he sez she sez

**super jumbe** · 3 May, 2011, 17:37

thered, was the item heavy, the reason I asked is the postage payment recorded will be your first evidence and yes you can ask the court to have the hearing in your local court.
Although five months a bit to long for any one to go on that path.
Jurisdiction is also called acknowledge of service.

1. Don?t go to court-contest jurisdiction with N9!
2. I intend to contest jurisdiction for whatever and make sure you give your challenge with it or within 14 days.
3. N9, means they had no jurisdiction, fill the N9 and sent it back.

I hope this may help you mate.

**thered** · 3 May, 2011, 17:59

Originally posted by super jumbe

thered, was the item heavy, the reason I asked is the postage payment recorded will be your first evidence and yes you can ask the court to have the hearing in your local court.
Although five months a bit to long for any one to go on that path.
Jurisdiction is also called acknowledge of service.

1. Don?t go to court-contest jurisdiction with N9!
2. I intend to contest jurisdiction for whatever and make sure you give your challenge with it or within 14 days.
3. N9, means they had no jurisdiction, fill the N9 and sent it back.

I hope this may help you mate.

yes cheers

but i have a query what is N9

all i can see on forms is

admission form N9A

or defend and counterclaim N9B

if i counterclaim what can i claim against?

btw it had been filled with broken wood like pallets so it probably weighed the same as when it went

**thered** · 3 May, 2011, 18:21

Originally posted by Canker_Canison

I always thought that if you take somebody to court, the venue has to be close to them.
If this is right then it should be at your local court.

actually after a bit of web scouring i think you are correct once i state my intentions to defend the claim i believe that the court becomes my local venue if i ignore it i think the issueing court passes judgement against me

well thats how i am understanding it at the minute

**patkins** · 3 May, 2011, 21:57

contest jurisdiction in The AnswerBank: Phrases & Sayings

**thered** · 3 May, 2011, 22:26

cheers pat i seen that earlier whn i was browsing for answers

i am interested on what court will do though as it basically is a case of he sez she sez

i basically have no proof he did what he did

as he has no proof of any wrong doing on my part

it is one word v another how does a court view these situations

**Meat-Head** · 3 May, 2011, 22:31

what was the item? Like was it simple to use - book, or complicated like a computer.

assume you have an address - DUH! - ring the benefits hotline, check their not claiming anything they shouldn't - chances are there on the take.

Send a PM with HIS name/address to the member on here who is 'in the know' -
if you loose out, then worth a try.

look at his feedback, for that 'item' been resold.

**super jumbe** · 3 May, 2011, 23:38

This is what I did when a book seller kept sending me unwanted books for few months, then he sends me an invoice ?139.99 and the note pay in the next 14days or else, send few more books and an invoice ?149.99 pay in 14days or else, after 20days I got a nasty letter if I do not pay in the next 7days I will take proceedings to recover the same amount, finally after few more weeks I got the court papers N90 to fill, I send the court papers back to court saying the addressee moved out, I never heard from court 4 years now.
Private matters court do not take a toss.

**stejo74** · 4 May, 2011, 01:10

I had a similar problem a couple of years back.

I sold an item.

Item was not to there satisfaction.

Wanted his money back.

I sent him an email regarding to sending me item back.

I notified EBAY.... (THEY WERE NO USE)

4 months later letter arrives summons to court for outstanding amount off both BUYER and EBAY......

Went to court and also incurred the court costs.....

The buyer sent me a totally different item back to me and kept what I originally sent.... He had proof that he sent me the item back but it was my word against his saying the item was not what I sent to him......

JUST BE CAREFULLY INCASE THEY TRY AND DO THE SAME TO YOU..

**tshirtman** · 4 May, 2011, 01:45

Do you have household insurance, and if so do you have legal protection, maybe a place to start,
other than that I would be talking to the C.A.B

**SouthernComfort** · 4 May, 2011, 13:24

Originally posted by thered

Hi been sent a court letter

long and short of it

ebay sale

I sold item

buyer wasnt happy cried "fraud"

i said send it back for refund

buyer kept item sent me empty box

then tried to get refund with buyer protection

too slow i phoned paypal/police

i win paypal case just in time then case closed

5 month later i get county court date

buyer claiming money he says i owe

i am contesting obviously as he tried too scam me with paypal buyer protection to keep item and cash

so 2 questions

has he got a leg to stand on

and the other is i am filling out my defence online

what does contest jurisdiction mean

am i correct in thinking that if i tick the box that says i want to contest jurisdiction it just means i want the venue change to one closer

as in why should i travel 150 mile for something that is not my problem

that is all

Jurisdiction is the power of a court to hear and decide a case. Venue is the proper or most convenient location for a trial. Evidence is key.

[ARCHIVED CONTENT] County court claims and County Court Judgments (CCJs) : Directgov - Money, tax and benefits

**Meat-Head** · 4 May, 2011, 19:31

ok, so you get the member to send the item back, and get them to write their ebay user name on outside of parcel, photograph it, and email it - so you can "pick up out of the pile easier'

then take a video camera, showing picture of item in email, with their name, video it, check sealed, open on camra, call the chunts, find empty tape in camera, have a shitty day

HTH

Meat.

**patkins** · 4 May, 2011, 21:20

Originally posted by thered

cheers pat i seen that earlier whn i was browsing for answers

i am interested on what court will do though as it basically is a case of he sez she sez

i basically have no proof he did what he did

as he has no proof of any wrong doing on my part

it is one word v another how does a court view these situations

You just have to trust the court red.
You have the advantage in so far as you are not lieing ,he will probably trip himself up which will be picked up quickly by a seasoned Judge and if it was as straightforward as-he's bringing the case so he must be right-then the world would still be in the wild west stage.
If you are employing a solicitor then the solicitor may be, as Meat suggests,able to find previous form on this guy.

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