Help needed with PC World legal department

[geeman62]

Thanks Car,

 

I spoke to the court eysterday and they stated that as there has been no suitable offer made, I needed to advsie the court as such as they could not accept this over the phone. That is fine but I was wondering if there is anything in particular that I should include in the correspondence?

 

The original stay order quoted the following:

 

On or before 16 July 2009, one of the following steps must be taken:

either

the claimant must notify the court that the whole of the claim has been settled; (see note (i) below)

or

the claimant or defendant must write to the court requesting an extension of the stay period, explaining the steps being taken towards settlement and identify any mediator, expert, or other person helping with the proces. The letter should confirm the agreement of all the other parties. (see note (ii) below)

or

all the parties must file a completed allocation questionnaire at the court. Where a settlement of some of the issues in dispute has been reached, a list of those issues should be attached to the completed questionnaire. The list must be agreed with the other parties and must indicate that it has been agreed.

 

Note (i): Where settlement of the claim is achieved before the end of the period of stay, the following will be taken to include an application for the stay to be lifted:

(a) an application for a consent order to give effect to the settlement

(b) an application for approval of a settlement where one or more of the parties is a person undeer a disability: and

© the filing of a notice of acceptance of monies paid into court, or an application to accept monies paid into court out of time.

Note (ii): Extensions to the period of stay will generaly be no more than 1 month'

 

I get a bit lost with all this jargon and did think that if DSG had not settled, then the matter would simply proceed. What I didn't want to do was run the risk of being foolish in not advising the court that no settlement had been offered, and the case was simply discharged. So I contacted the Court and was told as above.

[car2403]

I think you just need to continue with the usual process - in other words, submit an Allocation Questionnaire.

[geeman62]

I had already submitted an allocation questionnaire earlier in the process. Is there a need for a second?

[car2403]

Looks that way

[geeman62]

I have now received further communication from the County Court that 'Notification of Allocation to the Small Claims Track (Hearing)'.

 

The hearing is to take place on 1st October 2009 at Hertford County Court. I have paid the £75.00 hearing fee and now need to deliver to the DSG and the Court Office copies of all documents that I intend to rely on.

 

How should I present these documents? Is there a specific way they should be presented?

 

It is my intention to include all of my e-mail correspondence with the Customer Services Department from the outset of my complaint, together with documentation regarding Directive 1999/44/EC, May 1999 from the European Parliament that stipulates that by 1st January 2002 all member states must have altered their legislation to comply with new consumer laws. These new consumer laws will ensure that all new consumer goods, including cars, carry at least a two-year warranty and used consumer goods have a minimum of a one-year warranty. (I only received one-year when I purchased the laptop)

 

I have not metioned this to DSG in my communications nor in my initial submissions to the County Court. Is this acceptable.

 

I need to submit these documents to the defendents DSG and the court by tomorrow, but have been holiday and only receievd the notification yesterday on my return, so any assistance would be appreciated.

 

Many thanks in anticipation.