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    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer and that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim and don't add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the members of suggested above – it should be the final version. court, that I would respectfully requestup but I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Sale of Goods Act 1979 for business


danler
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Hi All

 

Can you use the sales of goods act or consumer rights for business issues???

 

ie) What are my business rights to obtaining a refund for a faulty machine that is less than 2 months old (I've already had a replacement machine). I think the fault is a manufacturing problem.. Shop has told me that head office have to issue refunds ( they took 3 weeks to cash a chq, I'd hate to see how long it would take them to issue one)

 

or .. Can I ask for a replacement machine - same spec??

 

If anyone can help me I'll post the full details of the problem I have (but it's quite long)

 

Also if any mods read this could we please have a seperate section for small business issues (pretty pretty please, kiss, kiss, kiss)

 

Thanks

Danler

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The SoGA still applies but businesses can exclude some of your rights under the Act in their terms and conditions, provided it is reasonable to do so. This is quite wide though, and it is likely that even the "satisfactory quality" term can be excluded in a business to business contract (see case law L'Estrange v Graucob).

 

If you have a query, the first thing to do is check your terms and conditions for any exclusion clauses. If there are none, then the full SoGA rights apply. If there are, they will have to be reasonable but are likely to restrict your rights accordingly.

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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The problem is that within the space of not even 2 months I've already had 1 replacement machine, and a engineer come out once. On thursday the machine packed in with the same fault as the first machine. The shop has said that they will send it back to the manufactures to fix. They have told me I will be without the machine for approx 2 weeks. My guy can't be without the machine for 2 weeks, they wont give me another replacement machine because they havnt got one, so I'll have to buy a second machine. The shop said that refunds can only be done by head office (they took 3 weeks to cash a chq so I'd hate to see how long it would take them issue one). The machine cost nealry £1000 pounds and because of being a small business I havnt got £1000 to spend on another machine tomorrow. I need a replacement machine asap as I wont be able to get my orders out for the end of the week, thus not recieving monies to pay the lads wages.

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I'm sure this will be an insurable loss - if it affects your business profitability, there may well be a claim they (or even you) can pursue to cover your losses. Why not speak with the manufacturers directly to explain the problem, they may be able to assist, even if they're dealer cannot?

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The terms and conditions of the contract (just got it off their web site)

 

a) The conditions and warranties set out in Sections 13,14 and 15 Sale of Goods Act 1979 and Sections 12,13,14,15 and 16 Supply of Goods and Services Act 1982 are hereby expressly excluded from contracts made under these terms and conditions.

 

b) In the event of any defect in or failure of any product supplied under these terms and conditions the maximum liability of the Company will be the initial purchase price of the product

 

---- Quite annoying on part (b) as I had to make a 4 hour round trip to pick up a replacement machine.

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Hi Buzby

 

Problem is the the shop selling these machines, it's their own brand... The shop recommended this perticular model after asking what we was using the machine for.

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Ouch, that weakens things considerably. They have basically excluded their liability for the quality and fitness for purpose of the goods. Although it may seem draconic, this can be possible in trade contracts and - as said before - many such clauses have passed the "test of reasonableness" in court (see previous quoted case law).

 

I don't know much about insurance, may be worth you checking out this possibility - as otherwise you are pretty much at the company's mercy regarding what they are prepared to do. Consequential losses (losses suffered as a result of the goods being faulty/unavailable for use) will certainly be out.

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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Thanks Rosiecotton, It looks like I'll have to use the wages for this week to buy a new machine (not the same brand) and hopefully get my customer to pay COD on Friday.

Once again thank you, the SOGA is jargon to me..

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