SHWMAE going to court

My advice regarding small claims would be to get all of your evidence in order and supply it all to the court as soon as you get the papers asking you for it

Do NOT hold things back to pull out of the bag at the court, small claims is not like the TV where people spring surprise evidence. the judge will have read all of the evidence from both sides ahead of seeing you both in court and will ask any questions to clarify information and that's about it. I lost a case because I didn't get things in to the court thinking that I could have 'my day in court' so simply lost because there was no defence filed.

remember anyone can bring a small claims case even if their claims are unfounded, they are probably just trying to scare you out of the money
 
A long time ago we were involved in a court case with a dodgy transporter. It went in our favour and the judge tore a strip off the transporter for wasting court time - apparently he'd done it before. It is bliddy stressful though.
 
Bonkers2 said:
Not quite sure of the relevance here, I assume these are for use after a court case has made a judgement and then no money has been received?
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It is relevant, it proves it is a Government dept although this doesn't mean the email wasn't fake. I thought it may be useful to see how the process works etc.
How long does the defendant have to respond to my claim?
This has been taken from page 14.

"The court will send out a claim pack to each defendant once the claim has been issued and allows 5 calendar days from the date of issue for the service of the claim. Therefore the ‘date of service’ is the 5th calendar day after issue. Please note, if you have served separate particulars of claim then this may affect the deemed date of service (as above).
The defendant has 14 calendar days from the ‘date of service’ to file a response. If the last day for filing the response falls on a day that the court is not open (i.e. a weekend or public holiday), the court will allow the next full working day for a response. The defendant can extend the time to respond to 28 calendar days by filing an acknowledgment of service (AOS). You will be forwarded a copy and the ‘Claim Overview’ section online will also be updated."

Has the OP had this?
 
I would tell her not to contact you again until the court case is resolved and tell her you are taking legal advice on how to launch a counter claim against her. Then totally ignore her.

What silly little girl she is!
 
I rang moneyclaim.gov.uk today with the reference on the 'court papers' they had no record of that claim reff.........?!????! Said to call back Monday just incase it is taking a few days to process, I am awaiting a call back from citizen advice and have spent hours printing typing and gathering a load of evidence today! I have said she she wants to contact me it can be done via PayPal.... She continued to msg me via FB and I ignored her!
 
OP If they really have issued Court proceedings then you will receive the forms in the post direct from the Court.

It might be worth going on to the moneyclaim website... if there is a reference number on what they have emailed to you, you can check if it exists.

If it is genuine then you will have 14 days to file your Defence.

This company really is unbelievable isn't it!
 
Hoofmoves said:
The email I received come from Shwmae not a .gov email address! The email was sent from her with the documents as an attachment!
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MMMmmm , tell you want now she's kindly shown you the website why don't you have a pop at her through the courts for your money back .
Stand your ground , and perhaps have a little push back .
CAB would advise you as would any solicitor on their free advise for half an hour scheme .
 
As above I have been on the website and rang them to confirm is the reference on the court papers Shwmae sent me via email were genuine, moneyclaim have to records for that claim number!
So eathier is fake document Jessica Clarke sent to me, or moneyclaim said to call back Monday and ask again incase there is some delay on her claim against me going into the system, but they confirmed that I would receive papers by post of genuine.
 
I am awaiting CAB to call me back about help, and also about helping to put in a complaint to trading standards, this now has to be done via CAB.
 
If PayPal don't get my money refunded then I will put in a court claim against her! I'm shocked she has got away with it for so long!!!!
 
Hoofmoves said:
! I have ignored her and she messaged me again about 10mins ago, saying she dosnt want take me to court and I should agree with her about the items and that she is sending them to me! She's off her trolly!!!
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This is a bit odd - has she just realised that she actually has the items you supposedly owe her for? If this package arrives I would keep the wrappings as hopefully it will have some form of date of delivery or tracking on it ,or better still open it in front of the CAB or some other reliable witness as this time it may contain the correct sizes and the trashed one may have been replaced.
 
Hoofmoves said:
I am awaiting CAB to call me back about help, and also about helping to put in a complaint to trading standards, this now has to be done via CAB.
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Good and keep records of all this it's a bit like those pay day lenders who sent fake solicitors letters to people it's just not on .
 
I have stated to her many time now, 'I do want want the rugs back' as I don't anymore, the one that was used for less that 12hrs fell apart and was caught around the ponys legs and broken parts I found around the feild, theese are her summer fly onesies, they are not fit for purpose and have a Tini tiny piece of sowing elastic lightly sown down as a fillet string!!
 
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Honest it's been like trying to have a debate with a child that's having a constant paddy, she changes her mind from one message to another, within the space of minutes, even she can't keep up with what she has said to me! She doesn't like the fact that I have refused to back down to her, when she said she was taking me to court, I replied that I was happy to go to court and if she needed my address again I can send it to her.
 
Hoofmoves said:
Honest it's been like trying to have a debate with a child that's having a constant paddy, she changes her mind from one message to another, within the space of minutes, even she can't keep up with what she has said to me! She doesn't like the fact that I have refused to back down to her, when she said she was taking me to court, I replied that I was happy to go to court and if she needed my address again I can send it to her.
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Nice one!

My point about the package was that she is returning the items to you AFTER she has put court action in motion, so it would be a good idea to have proof of the date it was sent.
Quite understand you don't want the items lol.
 
Snuffles said:
I thought the thread title meant that the company was being taken to court! After all the previous hoo hah and several posters intending to do so. Wonder if that ever happened
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Me too, OP sorry to hear of this. Never had any experience of this type of thing but sounds like you are on top of things.

Good luck
 
Oh my goodness. I just looked on their FB page and now it seems that first time customers can only pay by Bank Transfer. If you've ordered in the past six months you can pay by a safe method, otherwise you have to pay by a method where you have no way of stopping the payment if (when!) there is a problem. One can only hope first time buyers think very very carefully before committing their cash.

Hoofmoves, I would be very interested to hear what Moneyclaim have to say on Monday. I really hope you get a good outcome.
 
I will be really surprised if this isn't all a fabrication given how she usually manages her company. I suspect someone ha pointed her in the direction of the website and she thinks if she puts the wind up a few people it might work... Is it still paypal disputed as they have not released funds to you?

Jemima I am surprised paypal is still happy for them to use them at all!
 
I know, I saw that too, so thankful I paid via PayPal and will hopefully have a chance of getting my back, I will keep you all informed, if by Monday moneyclaim have a claim under that reference then I will be putting in a counter claim against her!
 
ester said:
I will be really surprised if this isn't all a fabrication given how she usually manages her company. I suspect someone ha pointed her in the direction of the website and she thinks if she puts the wind up a few people it might work... Is it still paypal disputed as they have not released funds to you?

Jemima I am surprised paypal is still happy for them to use them at all!
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Actually I'm sure that PayPal had pulled their account some time ago, certainly the usual "you can't claim, the time is up" argument from PP didn't get trotted out when they heard which company it was. Looking closer they do say that "using PayPal can always cause delays" so I suspect that that method of payment would be strongly discouraged :(
 
It's all Jessica Clarke!! And via PayPal the name you pay is 2.checkout, not SHWMAE so I had to call PayPal again yesterday after recieving advise from the Facebook groups to call PayPal and alert them it's SHWMAE as PayPal were holding there money previously I was told, hence why Jeasica changed the PayPal name I can only presume, I have been back in contact with PayPal today to inform she is taking me to court for the payment for the rugs alough as PayPal can see she was paid for the rugs 19th June 2014-the day I ordered!!
 
Hoofmoves said:
I know, I saw that too, so thankful I paid via PayPal and will hopefully have a chance of getting my back, I will keep you all informed, if by Monday moneyclaim have a claim under that reference then I will be putting in a counter claim against her!
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If by Monday moneyclaim don't have a claim under that reference I'd suggest seeing where and how you can report her for fraud :(
 
It Will be fraud if they are fake documents she has sent me via email, And slander of my name by being on theese forms, as she is saying I have not paid her-which is untrue-I have and have proof of receipt of payment.
If it goes to court I'm sure she will be laughed out of it!
 
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