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Got a response

Defence filed - no to mediation

You need to complete the attached Directions Questionnaire N180 before 4pm on 18/06/2018.

Email your completed N180 form to both [email protected] and to each other

Section A & B is for Mediation so I don't need to fill out

Section C

Track

Do you agree that the small claims track is the appropriate track for this case?

Yes

Section D

About the Hearing

Hearing Venue: Where do I get a list of venues or can I just put the town? E.G Birmingham

Expert Evidence

Are you asking for the court’s permission to use the written evidence of an expert?

Witnesses

How many witnesses, including yourself, will give evidence on your behalf at the hearing

Hearing

Are there any days within the next six months when you, an expert or a witness will not be able to attend court for the hearing?

Signature

D - my local court

expert - no

one

Sent response

Copy to the defendant also ?

No i asked moneyclaims to send it on.

I sent it to pc world on Friday & they sent me theirs

they said "yes" to agree this case to be referred small claims mediation service

What is next stage now?

Did you agree to mediation or not?

No i told rhem im not interested in mediation as per your advise

I think that was the right thing to do. The usual pattern with these things is that they simply try to use the opportunity to beat you down and to sacrifice your rights.

At some point the case will be allocated and you will be required to pay a hearing fee if you want to continue. If you win you will get that back. Don't forget there is always a chance that you could lose – but I think you've got a pretty good case – but it's your call

When i get a date and pay hearing fee can help me set main pionts i need to raise in the hearing?

Yes of course – but in fact we have already set them out for you at post 93 and post 97.

Also I notice at some point he said that you would be out to make a call familiarisation visit. You seem to be rather nervous – and I think you should have another look at your time and re-prioritise. You will find it extremely helpful

Sorry dont have the time for familarisation visit. What ever will be will be.

update - phoned the courts today to ask for an update. They said my case was referred to the judge last week & on Friday the judge made what ever decision & pasted it to the writers to send out a letter to me. what does this mean, has the judge made a decision without calling us to court or will I still be asked to attend court?

No its proceeding to allocation of the claim...Notice of Allocation with directions next.

Got Notice of Allocation to the Small Claims Track (Hearing)

Court Trial Fee £25

To be paid by 1st Oct

The hearing will take place 1st Nov

The title of the defendant to be amended to DSG Retail Ltd re-service dispensed with

The claim is allocated to small claims track and the parties are referred to Part 27 of the civil procedure rules and the practices direction of that for guidance on how the hearing of the claim will be conducted.

Judges directions for preparation for the hearing.

Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.

The original documents must be brought to the hearing.

The judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this order.

The document to be sent to the other party and the court must include the statements of all witnesses (including the parties themselves)

It goes on about witnesses etc but I wont go into that there are no witnesses in my case just me.

Now my questions are:

£25 - this the fee for the hearing, say for example I lose the case how much could I end up paying?

How do I pay this, ring the court & pay it over the phone?

It states the title of the defendant to be changed so is that in my favour as I claimed against PCWorld which is a subsidiary name of DSG Retail ltd?

Regarding the judges directions about documents.

The only documents I was going to take was going to be my whatever happens policies for the two Nexus tablets.

They claim this was the 6th claim I had made against this tablet but infact it was only the 3rd.

The other 3 was against the older model nexus 7 tablet.

This was one of my stronger points against there claim trying to make look like a prolific offender .

I was going to produce both policies to the judge.

Should I take all my policies as I had 6 policies in total, three have now ended, I still have 3 policies currently active.

1st ended policy was for a laptop I had up until Dec 2017 for 3 years never claimed once.

The other ended policy was for the older Nexus 7 tablet, 3 claims.

3rd policy was for the claim tablet nexus 2 tablet which they have now ended since they refused to repair it.

3 active policies for Samsung tab 2's, never claimed on any as yet.

I need to send copies of these policies to the court & the defendant?

I don't have any other documentation as I always got rid of it after the repairs.

Other points I want to make at the hearing.

In any event, the know-how agreement is a periodic agreement based on a month by month rolling basis.

The defendant was happy to keep on providing the monthly cover and happy to receive the premiums despite the fact that there had been previous know-how policies and which have been claimed upon.

I had the insurance cover and it is clear that it is intended for "mishaps" the fact that the defendants are even trying to avoid using this word in their defence suggest that they are trying to avoid their responsibility the defence have pointed out that I have had a number of claims over the years.

However, they have not told the court that these claims relate to completely different policies and that in fact I have held a number of policies over the years.

The defendants are not bound to continue the insurance cover.

It is on a rolling monthly contract and if they had decided that i were too much of a risk, they could have terminated the arrangement with one months notice.

They chose not to.

These are some of their statements to try sell the knowhow policy

* Protection against mishap - we don’t expect you to wrap your product in cotton wool. If your product suffers a mishap, we’ll fix it.

Unlimited repairs - there’s no limit to the amount of repairs you can have, we’ll always be there to help.

During September we will help you prepare a skeleton argument which will set out all of these points and will help the judge understand the issues very clearly

because the claim has been allocated to the small claims track your liabilities extend only to the fees you have paid for the claim and for the hearing and also the reasonable cost of travel of the other side

Ok thank you and let know if i need to send any documents to the court and the defendant. How do i pay the fee? I will also do this in September.

During September we will help you prepare a skeleton argument which will set out all of these points and will help the judge understand the issues very clearly

because the claim has been allocated to the small claims track your liabilities extend only to the fees you have paid for the claim and for the hearing and also the reasonable cost of travel of the other side

Thanks Bank fodder, so £25 is reasonable, I though it was going to be over £100.

Will you prepare a skeleton argument for me this month?

I want to claim the £250 off them now, after all this time they trying to fob me off..

I'm a bit out of touch with this thread but scanning through it I don't see that you have posted up the defence at all.

Please would you post up the defence in PDF format and then we will sort out a skeleton argument

Find your way to MoneyClaim online and open an account there. It's free.

 

 

check to see if the facts above are correct and if anything has been left out. You should then value your claim at £250 and the fee that you pay will be the fee for that value.

 

" In XXX date 2016, the claimant purchased a "Know-How" policy number XXX in respect of a Samsung XXX model tablet computer from the defendant at £4.50 per month

The policy cover includes breakdowns, breakages and "mishaps".

The claimant's six year old daughter left the tablet on the side of a bath and it fell into the water and stopped working.

The defendants refused to honour their contractual obligation to repair or replace the tablet which was damaged as a result of this mishap.

This claim is for the value of a replacement article as per the defendants KnowHow policy not exceeding £250."

On the MoneyClaim website you will be able to start this claim and you will be able to enter the wording above and then save it as a draft so that you can then issue it when you feel that you are ready. The cost of the claim will automatically be added to the total your claim.

 

There is a character limit on the MoneyClaim site. You may have to do tinker with the wording I suggested if it exceeds the limit

I would assume its the above BF

Thanks, but that is the claim form. I don't think we have seen the defence

Post #92

Thanks. I had seen it but didn't realise that it was their formal defence