Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #141
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    Default Re: whatever happens knowhow cover

    Quote Originally Posted by icemen View Post
    I wanted to attach their defence & my skeleton claim to see if everything is correct.

    Also I needed guidance on the below directions which apply to the claim

    1)Each party must deliver to the other party and to the court office copies of all documents on which that party intend to rely at the hearing no later than 14 days before the hearing.

    2) The original documents must be bought to the hearing

    3)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.

    Does this mean I have to send copies of my skeleton claim to the defendant & to the court before I attend the hearing? & take copies of my whatever happens policies?

    thanks
    Ansar
    Yes...and its a statement not a skeleton claim

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  2. #142
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    Default Re: whatever happens knowhow cover

    Finally managed to attach ;-)

    I have attached pc worldicon response when they declined my claim, I have tried to separate their points so it is a bit more legible. I have XXX names email address etc

    I have attached my statement with the header & statement of truth. Is it OK like this or do I need to give an account of what happened from the start & tell tell judge how the tablet was damaged etc? Also shall I include all the policies i've had with PC World & the claims that i've made or is that too much information?

    thankz

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  3. #143
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    Default Re: whatever happens knowhow cover

    It certainly is a most unconventional layout and not one I have ever come across before.Your statement is your only opportunity to confirm and complete your evidence...so anything referred to in either your particulars of claim or statement...must be included or reference to.

    You must attach exhibits if you wish to rely on them and mark them within the statement at the relevant position...sentence.

    If its not in the statement ..you cant refer to it or rely on it.

    I think the above requires a conclusion and what you want the court to order.

    Andy

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  4. #144
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    Default Re: whatever happens knowhow cover

    Quote Originally Posted by BankFodder View Post
    Please have a look at the draft document below.

    Check that it is correct and that it is true and let me know if you think there is anything missed out.
    Is there anything that you disagree with?

    Attachment 73273

    This is quite an unconventional way of presenting a skeleton argument but we used exactly this form in case a year or so ago against Npower and the judge complimented the claimant in the case and said how useful it was and how it clarified the issues.


    Bank fodder created this format & said it is unconventional but the judge complimented it in a previous case. Shall I stick to this format or do a standard statement?
    Bank fodder - shall I list all the policies I have with them currently active ? and the claims I've had previously just to give the judge the fuller picture of my custom & loyally to pc worldicon?
    Also for a conclusion, Just say now that the case has gone to court I want to claim for the full 250 to purchase a new tablet of similar spec?


  5. #145
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    Default Re: whatever happens knowhow cover

    There is nothing wrong with an unconventional approach if it does the job. Of course I'm not exactly impartial on this, but the format I have suggested is very clear and brief and that is what the judge will want.

    Personally I should use this format – apart from anything else, you are a litigant in person and so they will cut you a lot of slack.

    However, others may come along with a contrary view.

    You certainly can list all the policies that you have in the claims you have had against them. I would put that I completely separate sheet but tabulated in the way that I have tabulated the skeleton argument. You can supply your tabulated list of policies and claims as part of the bundle – but not as part of the skeleton argument.

    You say that you want to claim for the full 250 for a new tablet – but it won't be for you to dictate the level of damages that you get. You will simply argue your position and try to give good reasons why you should get the level of damages you have asked for. The other side will express contrary opinions and then the judge will make a decision.



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