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sprungspringer

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  1. Hi all sorry to have gone so quiet, have been awaiting paperwork etc from small claims I am in the final stages of our claim and have a hearing date wahoo. cant believe it has gone this far just after some advice as to what/ how to write the witness statement ?. Kind regards
  2. Hi and thank you for your prompt response. I have checked mcol and cannot see anything attached to the pdf defence file ? it says that today dq has been sent to direct bikes what is that a questionnaire ?. How do i respond to the defence do i await a questionnaire or phone them to see how to file my response ? sorry i feel a bit lost:???:. Many Thanks.
  3. Hi all Last day of small claims court he decides to enter a defence as below ! The claimant has already been advised by email by the defendant that it is her responsibility to check goods before signing receipt. Signing for the goods 'unchecked' or similar does not release you from the responsibility of checking the goods for damage or shortage. The terms and conditions clearly state • 12.2. If the Goods have been damaged or shortage upon receipt, you are required to check the goods before signing receipt. If the goods are damaged or there is a shortage you are required to sign for the goods stating on the delivery note the damage or shortage or refuse the goods. Signing for the goods 'unchecked' or similar does not release you from the responsibility of checking the goods for damage or shortage. You agree to notify us of that damage / shortage in writing by recorded delivery to our contact address set out in clause 1 or by email to [email protected], and in each case you agree to send that notification within 48 Hours of the delivery of the goods in question. It is not possible to purchase from the defendant without prior agreeing to the terms and conditions of sale The goods have been damaged after receipt of which the defendant is not liable. Direct Bikes Ltd is not a defendant in this case as does not trade under Direct Bikes Retail Limited. The contract of sale is with Direct Bikes Retail Ltd. only. Any ideas what to do now and how to proceed. He also has a new address to add to his portfolio.
  4. I am filing claim now should i put d b retail ltd and d b does this cost me more in the long run being 2 defendants, also do i use companies house address or the one i have been sending post too ? many thanks
  5. I beg to differ thank you so much for all your help
  6. Ah great thank you i will apply for the claim any advice most appreciated, i have read most of the articles i think. just have a few issues as to whom to address as the person i am claiming against etc.
  7. Thank you silverfox, just one last thing if it does go to court and the judge finds in his favour what would be the financial impact on me ie do i have to pay his costs etc ? many thanks again.
  8. Hi thanks silverfox i have posted and emailed, he came back the next day telling me that he has given his final response on this matter does that mean that i can go ahead and file the claim now ? many thanks
  9. Hi Silver fox thank you, as all correspondence so far has been by email should i email this too as well as posting it ? Citizens advice said i can give just 7 days as it has been going on for so long. lovely will have a look at the files. many thanks
  10. Hi all just an update finally heard back from Visa and surprise surprise he disputed the claim !!. I will now send the letter before action and then go onto small claims court any information i will need ?. Also how long do i give D B to reply to lba ?. many thanks
  11. hopefully do u think i should wait for reply or just go ahead and send the letter of warning and file small claims ?
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