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whatever happens knowhow cover

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That's a long way off.

 

Get the defence first


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I made my claim against pc world.

 

For anyone thinking of making a claim against pc world keep this mind.

 

I had a letter from pc world stating the below.

 

I think this makes my claim void or i need to pay the claim fee again but I have emailed money claims to ask what I need to do.

 

* PC World does not exist in a legal capacity since they are a trading name of DSG Retail Limited who are the company that operate and control those stores.

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Complete the N244 Application Notice, with appropriate Court fee (£100)

 

ask for the Defendant's name to be amended, and

re-service of the claim form to be dispensed with at it was validly served at the correct address, and

ask for it ex parte (without a hearing)

On the front of the application notice type in the box asking what order you are seeking: "The Claimant respectfully requests that the Defendant's name be amended pursuant to CPR 19.4.(1) an re-service of the Claim Form be dispensed with."

 

On the second page insert:

A claim was issued against the Defendant on XX/XX/XXXX in the XXXXXXX county court under claim number XXXXXXX for the recovery of monies owed.

Since that date the Defendant has changed their name and it is therefore incorrect on the Claim Form.

Therefore, the Claimant respectfully requests that the Claim Form be amended so that the Defendant's name reads "XXXXXXXXXXXXXXXX" pursuant to CPR 19.4.(1). An amended copy of the Claim Form is included in this application.

 

We respectfully request that the need for re-service of the amended Claim Form be dispensed with as the claim form was validly served on the Defendant's address.

 

Regards

 

Andy


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I made my claim against pc world.

 

For anyone thinking of making a claim against pc world keep this mind.

 

I had a letter from pc world stating the below.

 

I think this makes my claim void or i need to pay the claim fee again but I have emailed money claims to ask what I need to do.

 

* PC World does not exist in a legal capacity since they are a trading name of DSG Retail Limited who are the company that operate and control those stores.

 

Is this just a letter or is it a defence to the claim? Please can you post it up here in pdf format


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Complete the N244 Application Notice, with appropriate Court fee (£100)

 

ask for the Defendant's name to be amended, and

re-service of the claim form to be dispensed with at it was validly served at the correct address, and

ask for it ex parte (without a hearing)

On the front of the application notice type in the box asking what order you are seeking: "The Claimant respectfully requests that the Defendant's name be amended pursuant to CPR 19.4.(1) an re-service of the Claim Form be dispensed with."

 

On the second page insert:

A claim was issued against the Defendant on XX/XX/XXXX in the XXXXXXX county court under claim number XXXXXXX for the recovery of monies owed.

Since that date the Defendant has changed their name and it is therefore incorrect on the Claim Form.

Therefore, the Claimant respectfully requests that the Claim Form be amended so that the Defendant's name reads "XXXXXXXXXXXXXXXX" pursuant to CPR 19.4.(1). An amended copy of the Claim Form is included in this application.

 

We respectfully request that the need for re-service of the amended Claim Form be dispensed with as the claim form was validly served on the Defendant's address.

 

Regards

 

Andy

 

if this is just a letter and not a defence, then I think it might be possible to continue and see what happens – without having to go through the business of amending the claim.

 

I'm certainly sorry that this has happened and I suppose it didn't cross anyone's mind not to sue them as PC World. We won't make that mistake again – although it doesn't help you. I know that in the past claims of been issued against PC World and eventually they have simply ended up paying out without causing a problem about the name.


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Also, in your correspondence from them, have they been using the name "DSG retail" or have they been using PCWorld?


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It not a response to the claim, its just a letter stating what I said above and if I was to win the claim I wont be able to claim against pc world. It has a logo in top left which says dixons carephone no mention of DSG group.

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I suggest that you write them a letter straightaway. Point out to them that first of all they are trading as PC World and secondly that as they clearly are aware of the claim and that it has been started against them, you see that any error of name is merely a technicality - and in the interests of justice you will agree to a correction of the name when the claim is eventually heard by the court.


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This may be of use on checking DSG Retail Ltd on FCA their Interim Permissions Reference Number is: 004939

 

On checking 'Names' here is the list of Trading Names registered:

 

Currys, Partmaster, Black, Dixons Tax Free, Knowhow, Dixons Travel, Currys PC World Black, Currys Digital, PC World, Dixons, PC World Business

 

FCA - DSG Retail Limited.jpg


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This is extremely helpful information.

 

It makes it much more relevant that you have sued them in the name of PC World. If you haven't sent the letter which I suggested above then write to them and tell them that as they have registered PC World as one of their official trading names, if they want to raise an objection and it will be best left to the court to decide and they can include it in their defence


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This is extremely helpful information.

 

It makes it much more relevant that you have sued them in the name of PC World. If you haven't sent the letter which I suggested above then write to them and tell them that as they have registered PC World as one of their official trading names, if they want to raise an objection and it will be best left to the court to decide and they can include it in their defence

 

Excellent advise.

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Thanks guys i sent letter yesterday stating it is one of the their trading names

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Okay. No problems.

 

When is the return date?


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What return date? They have until 14th may to defend their case

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That's the one.

 

Great - check MoneyClaim regularly for the first opportunity to apply for judgment


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I suggest that you don't agree to mediation.

 

Please would you post up the defence in PDF format. The type version that you have post up here is really far too difficult to read.


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Surprise surprise they have rejected my claim

 

PC World has rejected the claim. They’ve suggested mediation to help resolve this dispute. So Shall agree to a mediation?

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.

pcworld.pdf

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The point about the identity of the defendant is merely a technicality. By and large you can ignore this. It can be referred to later on.

 

Paragraph 4 – according to the know-how document that I have seen, – the description is completely misleading because also refers at the very least to "mishaps". I think that their attempt to evade this is a serious omission and the court will tend to take a dim view.

 

Paragraph 5 – is difficult to reconcile the idea of "neglect" with the idea of "mishaps". They seem to be contradictory and meaning and I would have thought that the court will prefer an interpretation which favours the consumer.

 

Paragraph 8 – on the basis of what you say, they have either confused themselves or else they are deliberately misleading the court. Either way, on the basis of what you say, the court will not be impressed.

 

Paragraph 9 – the basis for you returning it was that it had been dropped in the bath. Other damage that they may have found but which you did not claim for, is not relevant and in fact shows that you didn't wantonly invoke the know-how agreement.

 

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.

 

The next step is to do nothing but wait for the DQ.

 

There is no point in making any reply to this defence at this point. You can wait till much later on and then we can put together a reply or a skeleton argument and take it into court.

 

Their best solution would be to pay you are and then to refuse to give you any more know-how agreements they feel so strongly about it.


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what is my next step? will the court still make a decision based on the their defence? or can I email money claims with my argument to their defence? how long shall I wait now?

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You obviously haven't done any preparatory reading about bringing a county court claim. I think you should do so. It's very important for your own sense of confidence.

 

No decision will be made by the court. The next thing you receive will be a directions questionnaire. Please start reading up on county court claims. There is lots of information on this website.

 

You have nothing to worry about and the worst that can happen is that you may lose your claim fee – and possibly the reasonable cost of their travel. However, I think your chances of winning are very high. I think their defence is extremely poor and certainly very predictable

 

There a lot of information on this forum, Don't know if I've confused myself more of learned anything ;-) I'll play it by ear, I'll await the next step from the Courts, they said I had to reply by the 16th if I wanted agree for a mediation but I won't bother replying to that mail. I just hope they let me put my side of the story over before they decide.

 

There are three possibilities now.

 

Either they will put their hands up.

Either they will try to bluff you and see if you are prepared to pay the hearing fee and then they will put their hands up.

Or you will pay the hearing fee and there will be a hearing at which you will have an opportunity to put your case. You will probably win – but you will have to be prepared and calm and confident.

 

You could usefully read our making a court familiarisation visit guide


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A court familiarisation visit is out the question as difficult to get time off work. I'd be lucky to get the time off if it does go to court in the end.

I will just have to bite the bullet & just turn up & tell them as it is, got nothing to hide, not like I'm a criminal, leave the rest to fate.

if I was a betting man, i'll guess the going to try call my bluff & see if I'm prepared the fee & even take it to court.

I'm surprised the courts don't ask for my side of the story beforehand to respond the defences case.

How are the hearing fees, £100? & I should get this back if I do win?

Big risk, not knowing how the court system works or process, just a novice but I don't want them fleecing me like this.

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If you win then you get all of your fees back.

 

Although we are jumping the gun here, if you end up at the hearing, then the trick is generally to say as little as possible. Don't start going into big long explanations.

 

Your 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.

In respect of this particular tablet, this is the first time there has ever been any claim.

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.

 

Anyway, let's wait until we see if you get a hearing – and if so then we will prepare a few documents and some arguments.

 

As I say, the important thing is to keep it short. Make your point and then shut up.


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Still not heard anything, does it usually take this long?

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Yes. Don't fret.

 

I'm trying to remember what has happened here – you have this you claim. They have filed a defence. You are now waiting for a Directions Questionnaire. If you are at all concerned then give the court a ring. They can be very inefficient sometimes


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I dont think you can ring them. I cant see a contact number anywhere

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