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N149 Form :Other Info Section

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Please can i have some advise of what to put in this section.

 

Before starting my form i have all the copies of letters sent & recieved / e-mails / pictures that have gone between myself and the defendant before the claim started.

 

Do i refer to all of these documents as one or each one seperate? do i question items in his letters that i disagree with at this point or wait till court to bring these up?

 

On the letters recieved from the defendant i disagree with most comments and belive he is trying to blame me for a faulty product.

 

Any advise on the best thing to put would really help.

 

thanks

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Moved to legal forum


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Thanks for moving it - hope to get some help soon on this issue.

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Hi Dunc,

 

We could do with a bit more information to help you. Can you give us the facts of the case ? What is involved ? Do you have all the documents you need from the other side ? i.e. contracts, agreements etc.

 

Do i refer to all of these documents as one or each one seperate?

 

 

You would list each one.

 

do i question items in his letters that i disagree with at this point or wait till court to bring these up?

 

You would leave it untill court unless the other side is saying they have sent Documents to you that they mean to relay on.

 

Hope this helps,

 

Lex


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Thanks

 

It was a product we bought of them.

It develped a fault, then they tried to repair it - that failed,

they replaced it - this was damaged on delivery

they replaced it again and this is damaged but they dispute this ( i have pictures).

Also they now dispute that they did not have to repair the first product and only did it under goodwill - but this only came up recently in a letler - i belive under sales of goods act they do which we have been stating in letters to them,

i feel enough is enough of having replacments products and just want my money back

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What was the value of the goods Dunc, as this will affect what track your claim is allocated.

 

Also, can you give the time scale for each fault. i.e. When you bought it, 1st time return, 1st replacement and 2nd replacement ??

 

Sorry for all the questions, but the more we know, the more we can help.

 

On another point, if these Docs you are referring to are just between you and the supplier, there is no need to list these on an AQ. You can do that in your court bundle. If you have an outside 'expert' who has given you a report on the goods, then you would list this on the form.

 

Lex

Edited by Mr lex

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Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Dunc,

 

You will also need to see a copy of their 'Conditions of sale' or T&Cs


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Please don't rush, take time to read these:-

 

 

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Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Value £1k

 

March 09 Purchased product

Oct 09 fault occured

Jan 10 Repair undertaken -not to required standard

March 10 new product arrived - faulty

April 10 new product arrived faulty

Documents yes between me & supplier

 

Many thanks

Edited by Mr lex
Cleaning up text

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Hi Dunc,

 

I've cleaned up your text a bit.

 

This is a pretty standard SOGA case by the looks of it. I think their sunk.

I'll work on your AQ and ask a SOGA expert to have a look.

 

Lex


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&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Lex

 

Many thanks - they are trying to blame us for the orginal fault at the moment on the first product but never metioned anything at the time. and saying we signed to accept the product ( the final one) - i belive you only sign to accept deleivery not quality and you have a resonable amount of time to check the product over - we told them the following day of the faults - this is when all the letters etc started. they did offer a replacement during these letters but we rejected it becasue of all the issues.

Thanks

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Value £1k

 

Great, no fee to pay then.

 

March 09 Purchased product

Oct 09 fault occured

Jan 10 Repair undertaken -not to required standard

March 10 new product arrived - faulty

April 10 new product arrived faulty

 

Documents yes between me & supplier

 

OK, no need to list these on the AQ.

 

Many thanks

 

Your welcome !! :)

 

Lex


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This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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OK, Dunc,

 

It would help to know what the product was, if you can tell us.

 

Lex


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Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Is this a business to private buyer or a B2B transaction?

 

Were the goods made to specification/personalised, or was it a standard order?

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It was to a business

 

Product is a Dining table/chair set - Standard order but as its natural wood each order would be slightly different.

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Also the N149 form asks about mediation service - i have heard that you should elect that you are willing to do try this, as its frowned upon at a later stage if it gets to court that you have been unwilling to do try it.

 

not to sure if the other side would want to or not but i suppose that is their choice.

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Also the N149 form asks about mediation service - i have heard that you should elect that you are willing to do try this, as its frowned upon at a later stage if it gets to court that you have been unwilling to do try it.

quote]

 

Not really, you have given plenty of chances for the other side to settle.

What are you going to mediate over?, all you want is a full refund.

 

I'll wait to see what Bookie says about a B2B transaction, but your AQ is quite simple now. I'll go though it with you later.

 

Lex


Please help us to help you. Download the CAG tool bar for free

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Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Well, first thing is this isn't going to be about SOGA, as SOGA is for private transactions, not B2B.

 

What are you claiming under?

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I thought it was SOGA as i bought a product from a business for my own use at home?

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This is getting more confusing. :-?

 

You bought from a business. Are you a private customer or a business? And is the seller a "normal" retailer or is it something like Makro?

 

If you bought from a normal retailer as a private customer, then yes, it's SOGA.

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Sorry

 

i am a private customer and bought from a small retailer

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Ok, then it is SOGA, yes. Phew. :razz:

 

In that case, yes, it is quite reasonable off you (IMO) to not want yet another replacement/repair. Their time scales for either are quite appalling, and for the price you paid (not exactly a small sum) you should expect better than that.

 

I certainly don't think mediation is the answer, after all, you already have been very patient as far as I am concerned.

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Thanks Bookwarm & Mr Lex

 

Any ideas then what i need to include on the other information section of the AQ ?

 

Do i just attached the first letter we sent ? or a few pics of the damage on the current table?

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No, don't worry. The AQ is strictly what it says on the tin, it's for the judge to decide to which track to allocate the case, that's all.

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