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    • Actually there wasn't a massive amount of work to do on the WS.  The "meat" was there because of the great work you'd already done. Here is a version which I think is nigh-on finished. However, with Easter there are a few days for the other regulars to suggest tweaks. Defendant WS.pdf
    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
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Noumidia Vs Capitalone


Noumidia
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Hi Ford

I got an email from Small Claims Telephone Mediation as both parties have filed DQ (N180) and have all requested mediation and provisional appointment time and date is on 26/02/2018.

I have not being on mediation before and don't know what to expect. Here is the copy of the email I got today.

Small Claims Telephone Mediation Service.pdf

Delegating Authority to mediate (attachment) (1).doc

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a##mediation will ask have you all the paper work requested from the claimant , if not state not suitable for mediation & pass back to the court system,. or if an offer has been put on table they will pass info from you and them and mediate between you, depends on your situation?

:mad2::-x:jaw::sad:
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  • 2 weeks later...

Simply put an offer to them in mediation that you are prepared to accept and settle without the need to proceed to trial....if they reject it.... you proceed...you have participated in mediation but it failed.

 

 

Andy

We could do with some help from you.

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If you do proceed please consider that you will have to pay a further hearing fee ...so look at what you have initially claimed...work out the interest section 69 amount plus the hearing fee and offer that as a discounted settlement amount

We could do with some help from you.

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Hi ...okay so its already cost you £410 to issue the claim...you will have to pay a hearing fee of £335.00 if it goes to allocation.....your section 69 interest is at £739.

 

So if you were prepared to settle on the initial debt amount £8k...thats a discount of £1400.00...otherwise if you win they will have to pay £9.5

We could do with some help from you.

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Fair enough...although I do not know how they reached that decision...as you are the claimant with all the necessary documents and pleadings of your case.

We could do with some help from you.

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  • 2 weeks later...

Hi

 

Here is the claim history,now is transferred to local county court

 

You submitted a claim on 08/12/2017 at 15:00:42

Your claim was issued on 11/12/2017

Capital One (Europe) plc filed an acknowledgment of service on 19/12/2017

A bar was put in place for Capital One (Europe) plc on 12/01/2018

Capital One (Europe) plc filed a defence on 12/01/2018

DQ sent to Capital One (Europe) plc on 12/01/2018

Capital One (Europe) plc filed a DQ on 30/01/2018

DQ filed on 30/01/2018

Your claim was transferred to CROYDON on 02/03/2018

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So Notice of Allocation next...this will contain the court directions (Disclosure and Witness statement exchange) and fee payment date for the hearing.

 

 

Andy

We could do with some help from you.

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  • 1 month later...

Hi

The update to the case. The claim was transferred to CROYDON on 02/03/2018, it seems the court couldn't find the particulars claim therefore,the court send mean order lettre saying " The claim remain stayed pursuant to the order dated 12/04/2018 until claimant files at court 2 copies of Particulars claim which comply with CPR16.4(1) and which is endorsed with a signed Statement of truth."

My question is

1) Do i date the POC of today date or dated when the claim was issued (11/12/2017).

2) If i put the present date do i change the amount claimed due to interest which was calculated on 11/12/2017.

Any suggestion would be helpful.

Thank you

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  • 6 months later...

Hi Everyone

Today, I received The "Notice of Allocation to the small Claim Track ( Hearing). So the hearing will take place on the 18 February at the county court at Kingston-upon-Thames. In their defence (paragraph26) they mentioned that the claim is time barred under ( Limitation Act 1980) because I did not include the act in my POC by the virtue of s32 (limitation act 1980 as per Kleiwort Benson V Lincoln City Council) for charges older than 6 years. So could I include this act in my Statement and to start preparing my court bundle.

Anyone had a case against Capitale one? Here is the attachment of their defence.

 

Thanks

Noumidia

Edited by Noumidia
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Yes you refer to s32 (limitation act 1980 as per Kleiwort Benson V Lincoln City Council) in your statement and a copy in your disclosures.

 

Andy

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No a witness statement is a particularised version of your particulars...in detail explaining your claim with reasons and supported by exhibits.

We could do with some help from you.

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Hi

Please I need help for preparing a statement of evidence. I have 3 statement of evidence copied from con summer Wiki but I don't know which one to choose and build my statement of evidence.

 

Any assistance would be very helpful

 

Noumidia

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Hi

Please I need help for preparing a statement of evidence. I have 3 statement of evidence copied from con summer Wiki but I don't know which one to choose and build my statement of evidence.

 

Any assistance would be very helpful

 

Noumidia

 

The following should give you some idea of form content layout etc.

 

 

Witness Statement BArclays reclaim.pdf

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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