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icemen

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About icemen

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  1. I just like to say thank you to everyone on this forum especially Bankfodder for support and advise. Today I have agreed to settle out of court with PC World for the sum of £220.
  2. This is what it says on their knowhow policy We’ll fix or replace with new - if we are unable to repair your product, we’ll give you a brand new one. They can't fix it so they owe me a new one? So I don't think I'm being unreasonable now, I only offered them that offer before I took them to court, now that I have taken them to court I want a new replacement. Do you think I should ask them as it can't d any harm & they can only refuse?
  3. I have paid the fee & sent my response to the court & emailed to the defendant last week. I also attached a separate letter with all my policies & claims against them Today I received two letter from PC World. One letter stating their position remains the same. Stating my comments that this is not the sixth claim against this tablet, saying their records show their are six instances of claims. I don't think they even bothered to check if the claims are against different tablets. Anyway their policy clearly states "you can have unlimited repairs" so pointing out how many repairs is irrelevant. Also stating for clarification whilst the scope of service agreement does cover damage caused by accidents & mishaps the terms and conditions of the agreement under the heading "whats not covered included" expressly excludes and specify damage caused by neglect,misuse or abuse of the product is not covered. The reason for this response is because in their first response they said in point 3 "excludes damage caused by accident, misuse, neglect or fair wear and tear" Stating they will be complying by the court order in respect of providing their bundle of documents to include both number of claims and a full copy of the service agreement. This is what I want as it will prove claims against different policies. Also stating for purpose of clarity, as highlight in our defence it was not stated that the tablet was dropped in the bath by yourself. We note you have stated this was dropped by your six year old daughter however it is our position you failed to reasonable level of care of the tablet by allowing your six year old to take an electrical item in the bathroom near a body of water. It is our view that failing to take reasonable steps to ensure the tablet is not put at such risk would be an instance of neglect on your part. It clearly states on their response point 7 "the Claimant attended the Defendant’s Birmingham store to notify that the tablet had been accidentally damaged and was dropped in the bath" so to say it was not stated that the tablet was dropped in the bath is say i'm a lair but it's in their own response? The second letter headed with "Without Prejudice" - what does this mean Basically stating they stand by their defence however to resolve this matter they willing to pay me £150 as a gesture of good will, going back to before I made the claim I contacted their customer services & stated I would accept £100 to obtain replacement so they have offer £150, £50 for my fees i've paid for this case. Stating the offer is made "without prejudice save as to costs" so it must not be shown to the court or referred to until the case has been heard and the judge has made known his findings. Stating I should give their offer a serious consideration in the event I don't receive an award for the amount offered they will ask the judge that I make a contribution to the defendants expenses. Trying to scare me off? It makes even more angry that it's taken me 8 months to get here and now that they know I have done everything even as far as pay the court fee for the hearing that it's finally going to court & that they have to take me seriously. They make me an offer. I have a good mind of replying to them & asking for £250 now & £50 for the fees, £300 in total, for me to settle out of court as this what an equivalent tablet would cost now a day? I paid £240 back 2014! Otherwise take it court, leave it in gods hands. The cheek of these company, honest makes your blood boil What your option Bank fodder?
  4. 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 World? 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. Finally managed to attach ;-) I have attached Pc World 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 pc word claim-responsepdf.pdf knowhow skeleton consumer forum.pdf
  6. 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
  7. no still can't post attachments? Posting Permissions You may post new threads You may post replies You may not post attachments You may edit your posts
  8. these are my permissions Can this be amended? Posting Permissions You may post new threads You may post replies You may not post attachments You may edit your posts
  9. I never said that, there is a header and statement of truth in the pc world claim response. I am not allowed to post attachments so i can upload their defance and my skeleton argument. Date of hearing is 1 nov. Have you got email address i can send you copies to look at bank fodder? Ź
  10. No other points i can think of. Yes this is how there response was supplied to me via moneyclaims, unseparated paragraphs.
  11. I dont know how to attach so here is what I had drafted up Overview I had my daughter tablet, a nexus 7 2nd gen 32gb covered for accidental damage for the past 4 years. Back in March she put on the side of the bath to use the toilet and it fell into the bath which her mom had just ran for her, She is only 6. It caused the tablet to become water damaged, My defence Below statement is incorrect On point 8, (d) This was the 6th incident to damage which occurred to the tablet since purchase In total I've had 6 item under whatever happens Laptop - for 3 years - ended Dec 2017 - never claimed 3 Samsung tab2 tablets - still under whatever happen warranty - never claimed 2 nexus tablets - the 6 incidents claims where all against these 2 tablets These are the 6 incidents 02/15 – dropped – Different tablet 08/15 - psu & docking port damage – Different tablet 11/15 - dockport damage - Different tablet 06/16 – bent – Claim tablet 10/16 - screen damage - Claim tablet 03/18 - dropped in bath - Claim tablet now let me clarify these 6 incidents, I had two nexus 7 32gb from pc world, one was the first edition & then this one which was the nexus 2 I bought in 2014. The first one I don't even have under warranty anymore I stopped it a couple of years ago. The first one had a design fault where the charge port or docking port as they call was very wide & wouldn't hold the charger in even from new. Then I realised this after getting it changed a couple of times. The first three repairs ( 02/15, 08/15 & 11/15) I believe they have confused for the older Nexus. With this the newer Nexus 2 tablet I thought I only had one repair when the screen was damaged but I remember taking it when there was a software issue & it wouldn't power up, I only noticed now they have put that down as bent when it wasn't bent at all. 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. My main points are that you 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 you 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 you 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 you were too much of a risk, they could have terminated the arrangement with one months notice. They chose not to. https://knowhow.com/uk/repair-and-protect/tablets--gadgets-care-plan.aspx • 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. On point 13: Before issuing legal proceeding I was happy to accept £120 to source a replacement of equivalent specification. However now that I have commenced legal proceedings I want to claim for the full amount of £250 to purchase a new tablet of equivalent specification. On point 16: Please define Neglect & how a 6 year old can comprehend this?
  12. That's looks very good Bank fodder. Are there any other points I need to cover? How do I attach files again?
  13. 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..
  14. 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.
  15. 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.
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