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bulb763

Original Poster:

757 posts

119 months

[news] 
Thursday 3rd June 2010 quote quote all
I'm claiming against a trader who refused to accept a return under the DSRs. The process has reached the stage where the next step is court and I have been sent a letter with the following by the court:

"...serve a reply to defence setting out the legal basis (quoting sections of the relevant law / regulation) on which he intends to reply."

What exactly does this mean I have to do? They have sent no guidance at all and googling doesn't help either.

7db

5,951 posts

115 months

[news] 
Thursday 3rd June 2010 quote quote all
Why aren't you involving local trading standards? They love these cases

Lonely

512 posts

53 months

[news] 
Thursday 3rd June 2010 quote quote all
bulb763 said:
I'm claiming against a trader who refused to accept a return under the DSRs. The process has reached the stage where the next step is court and I have been sent a letter with the following by the court:

"...serve a reply to defence setting out the legal basis (quoting sections of the relevant law / regulation) on which he intends to reply."

What exactly does this mean I have to do? They have sent no guidance at all and googling doesn't help either.
Without seeing the whole correspondence I'd take a guess at .....what's your problem? His solicitors will need to know exactly what you are looking to take issue over so they can formulate their case.read

Jasandjules

51,027 posts

114 months

[news] 
Thursday 3rd June 2010 quote quote all
What is their Defence?

You go through each paragraph of that and explain whether you agree, disagree, or need further information. You will also need to, where you disagree, provide the law upon which you wish to rely, for example you cite the relevant part of the Distance Selling Regulations.

i.e. You say, The Claimant accepts Paragraph 2 of the Defence - if you do. If you agree with all a paragraph but for one sentence, then you can say that you agree with Paragraph X save for "bit where you state the part you disagree with".

And then where they say they don't have to give you the money back you say Paragraph 2 is denied, the Claimant will rely upon Part X of the Distance Selling Regulations "The Regulations" (so that thereafter you can refer to them simply as The Regulations) which is exhibited at page ... so that the judge can see the law upon which you make your claim.

The judge doesn't know all the laws, so you have to set it all out for them........

JustinP1

11,234 posts

115 months

[news] 
Thursday 3rd June 2010 quote quote all
bulb763 said:
I'm claiming against a trader who refused to accept a return under the DSRs. The process has reached the stage where the next step is court and I have been sent a letter with the following by the court:

"...serve a reply to defence setting out the legal basis (quoting sections of the relevant law / regulation) on which he intends to reply."

What exactly does this mean I have to do? They have sent no guidance at all and googling doesn't help either.
J&J has answered correctly, but I think I remember your case.

I am guessing his Defence is that you have 'accepted the goods' and therefore the DSRs do not apply.

Your response is to go down point by point. For example:

4. The Defendant claims in paragraph 8 that the Claimant had 'accepted the goods'. The Claimant denies that the goods were accepted at any stage. Furthermore and regardless of this, the right to cancel the contract under the DSRs (use full name) is unequivocal.

5. So on and so forth...
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bulb763

Original Poster:

757 posts

119 months

[news] 
Friday 4th June 2010 quote quote all
Thanks chaps smile
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