Applied for Summary Judgement - tactical suggestions sought

[fedupconsumer]

in 2006 I bought a secondhand Rolex watch for £10K+. Before I purchased the watch I went to a famous high street authosrised dealer to confirm the value and confirm it was genuine.

The shop in question confirmed in writing the replacement value £35k+ and whilst - not in writing - confirmed the authenticity of the watch. I then went to my Bank and withdrew the money and paid the chap whilst at the Bank.

 

in 2009 I went to my local Roelc dealer to have the services only to be told that the watch was not genuine. Whilst the case ws genuine the remainder of the watch - braclet, glass etc had been modified at some stage.

 

Went back to the guy who sold me the watch - nowhere to be found. I then wrote to the high street shop with no reply.

I then sent a County Court summons to the company alleging they had breached sale of goods and services act and the misrepresentations act.

 

Judge decided he want a joint expert to value and authenticte the watch,

Joint expert reports that the timepiece is genune but the remainder is grey market and not official rolex mechandice.

Expert furtehr confirmsthat no such item is in any catalogue or any other material of any kind - defendants made a statement that they looked in a rolex catalouge to get the replacement value.

 

Judge asks for agreed draft directions to be made asap - we cant agree of course because the defendants are just wasting time in the hope that i would captulate and agree to a low amount.

The defendats have offered first £4000 for full settlement and now have offered £7000 but they retain the watch. I am suing for er 10K plus costs.

 

I have requetsed a sumamry judgement because the defendantshave no case to defend , they dont have a witness, they dont have a catalogue and they dont have any excuse ..so far.

 

the follwoing is the statement i have sent to the court

 

 

STATEMENT IN SUPPORT OF APPLICATION FOR SUMMARY JUDGMENT

 

I, xxxxxxxxxxxxxxxxxxx, the above named Claimant, will say as follows.

1. I make this Statement in support of my application for Summary Judgment

 

2. I am a litigant in person

 

3. xxxxx the claimant attended the premises of the defendant to have a Rolex watch valued prior to purchase. The defendant is an official Rolex dealer and put forward Mr xxxxxx as a person who had the knowledge or should have the knowledge to value a Rolex watch. The defended valued the watch at xxxxxxx and provided a sighted valuation certificate The watch was valued by an independent joint expert at xxxxxx The defendant’s only defence is that xxxxxxx referred to a Rolex catalogue to obtain a replacement valuation. The joint expert has confirmed that no item exists in any catalogue that would place a replacement value at xxxxxx. This is clearly not true as confirmed by the expert witness and Rolex. I purchased the second hand watch for xxxxxxx based on the value placed on it by an official Rolex Dealer.

I would further argue that this is clear breach of law and therefore requires no trial.

Sale of Goods and Supply of Services Act, 1980

Supply of Services

Implied undertakings as to quality of service.

39.—Subject to section 40, in every contract for the supply of a service where the supplier is acting in the course of a business, the following terms are implied—

 

(a) that the supplier has the necessary skill to render the service,

(b) that he will supply the service with due skill, care and diligence,

Misrepresentation Act 1967 UK

Negligent Misrepresentation

A negligent misrepresentations may be caught by the common law or under the Misrepresentation Act 1967. Financial loss may be recovered where special relationship exists, which is a noteworthy difference with the Tort of Negligence.

4.The Defendant has no real prospect has no real prospect of succeeding with defending the claim; and

b) There is no other compelling reason why the case or issue should be disposed of at trial.

c) the statement of case discloses no reasonable grounds for defending the claim;

d) the statement of case is an abuse of the Court’s process and likely to obstruct the just disposal of the matter;

5) I would argue a 'real prospect of success' means a prospect which is more than fanciful or merely arguable (ED&F Man v Patel [2003] EWCA Civ 472).

a) I would argue that the court does not have to accept the defendant's evidence without question (ED&F Man v Patel[2003] EWCA Civ 472).

b) The case is very simple , for the court to determine it on a summary basis (Three Rivers v Bank of England (No 3) [2001] All ER 513).

c) Discretion could be exercised so as to give effect to the overriding objective. In appropriate cases summary judgment saves time and money and prevents the wasting of court resources (Swain v Hillman [2001] 1 All ER 91).

e) The defendant has accepted the claimant has suffered a loss but denies it was caused by their valuation.

f) the defendant has not provided any insight or evidence to support their sighted valuation and their defence is therefore purely speculative

g) The defendant’s sole defence is clearly fanciful

5. I therefore ask the court to enter judgment in my favour for the sum of xxxxxx plus costs

Statement of Truth

I believe that the facts stated in this Witness Statement are true.

 

i just wanted someone to have a look at the relevant laws i have quoted to tell me if i am right and that i have a strong case

should i accept their second offer