help with "brief details of claim" n1 form

[vinnychoff]

i am getting unsure what to put in the coloum brief details of claim...
for me in laymans terms.

i bought a motorcycle jacket with advice from the shop. with very little wear and the first time i was caught in rain. the water leaked through to me. i had two mobiles in my pockets which were damaged.

i have had the particulars of the claim looked at by someone in the legal profession.
to save me keep asking them. could somoene give me an idea..
should i put in layman terms?
or try to structure as the notes

eg

Claim from the defendant for goods supplied which are not fit for purpose under "the sale of goods act 1979 as amended". Described as waterproof but allowed water to damage personal property liable under the Consumer Protection Act 1987.

regards Vinny

[vinnychoff]

claim for goods not fit for purpose. described as waterproof but faulty.

regards Vinny

[BankFodder]

In the brief details put" Return of money paid for defective goods plus the costs of items damaged as a direct result of the defect."

Then your POC:-

.

Particulars of Claim

1. The defendants are the proprietors of a shop which sells motorcycling equipment
2. By a contract dated XXXDATE the claimant purchased a motorcycling jacket for £XXXXX.
3. It was an implied/expressed term of the contract that the motorcycling jacket should be fit for its purpose and specifically that it should be waterproof
4. In breach of the above term the jacket was not waterproof
5. As a result of the above breach the claimant has suffered damage.

Particulars of damage

On the first motorcycling outing in which it rained, the motorcycling jacket leaked. The claimant was carrying two mobile telephones in one of the pockets which were affected by the ingress of water and which each sustained irreparable damage so that they now do not work at all.
The claimant contends that the damage to the telephones was a direct and foreseeable consequence of the defendant's breach of contract. Alternatively the claimant seeks the replacement value of the telephones under The Consumer Protection Act 1987


The claimant claims

1. The refund of the purchase price of the jacket £XXXX
2. The replacement value of XXXMake mdel phoneXXX £xxxxx
3. The replacement value ditto

Total:- £XXXXX

Plus interest pursuant to s.69 County Court Act 1984 at 8% pa of £XXXX at xxdate of issue of summonsxxx plus daily interest at a rate of .22% until settlement or earlier judgment

£xxTotal+interest at date of issueXX

Was the jacket described as waterproof - in which case omit "implied".
If no description was given but you assumed that it was waterproof as it was sold as a motorcycling jacket, then omit "expressed"

The sentence dealing with liability under CPA should be omitted if the phones are worth less than £275 combined as that is the minimum damage limit under that act. The CPA will not apply to the jacket itself.

If the phones are old then you will be unlikely to get the replacement value if the judge is being careful about these things.

[vinnychoff]

thanks for your help.

[vinnychoff]

thanks for your advice.
could you tell me?

i now have a n225 notice of part admission form to reply to.
i am off on holiday in two weeks. i guess i can tell the courts this and they will take this into consideration? is there anything else that i should add in the letter? should i explain again why i refuse the part payment or keep it short just about the holiday?
Vinny