Direct tiles Warehouse - Faulty Tiles - Claim Issued

[AndyOrch]

You really need to start reading a few other threads and learn the process and what mediation actually is and what it entails.

 

Opting for mediation....as the court expects all parties to participate..you have complied...no risk to costs or amount claimed...mediation could fail and the claim proceeds to a hearing.....mediation may be a success...you get paid....and you wont have to pay the next fee to proceed to a hearing...thats a saving of £335.00

[kammx4]

Scan 20 Nov 2020.pdf

 

So the questionnaires are done and statements. Both parties agreed to mediation, what do you think will happen next?.

[AndyOrch]

Looking at their new particularised defence....something which I picked up on recently.......the following is very detrimental to your claim 

 

Quote

2. The Defendant avers that the Defendant has failed to exercise the short term and final right of rejection pursuant to the Section 20 and 22 of the Act and accepted ownership of the tiles following delivery in that:

 

a) The Defendant delivered the tiles on 20th April 2018 to the Claimant as confirmed in the Claimants letter dated 20th February 2020

 

b) The Claimant failed to properly inspect the tiles on the date of delivery and later affixed them but did not make any complaint to the Defendant about the quality of the tiles until a complaint was received by the Defendant on 20th November 2018 some 7 months later when the tiles had been affixed.

 

 

As for what happens next .......again you really should be reading around to find out the process......obviously mediation next.....if that fails ...then the claim proceeds to a hearing and the court issues further directions.

[kammx4]

I checked the tiles upon delivery and after checking for the things stated in the terms couldn't see anything wrong with the size, shade and colour of the tiles. Ive also a letter from the installer that he checked the tiles visually before laying each one.

 

Only after grouting the tiles at the 2nd stage of laying after various issues, personal and with the installer, did this issue become apparent.

 

After raising this issue with DTW did they ask me if any other tiles were like this did we check  and noticed others but not nearly as bad as some. I believe under CRA i can raise an issue 6 years after.

[AndyOrch]

Fair enough and I suppose your claim does not rely on " failed to exercise the short term and final right of rejection pursuant to the Section 20 and 22 of the Act  " 

[kammx4]

Is that correct regarding the 6 years to raise an issue problem. Ive been checking into mediation and am confident that some sort of settlement can be achieved but only to my satisfaction. 

[AndyOrch]

https://www.legislation.gov.uk/ukpga/2015/15/notes/division/3

 

You have six years to take a claim to the small claims court for faulty goods in England, Wales and Northern Ireland, and five years in Scotland. 

[kammx4]

Hi i've received this today and wondered what the next steps are please?. Thanks.

1.pdf

[BankFodder]

I think we may have asked you before to post up your documents in PDF format these.

It's important that you help us by presenting documents properly so that they are readable not only by us but also by anybody else who might want to help you all who might have the same problem – for instance is using a small screen such as a telephone

[AndyOrch]

19 minutes ago, kammx4 said:

Hi at last i've received this from the court and wondered what this means Thanks..

 

 

What it states...if you the claimant does not file a breakdown by 12.00pm on the 12th May  a breakdown of the amounts claimed...they will strikeout your claim.

[kammx4]

OK great a detailed report into what and why regarding the claim. Would this be in letter format direct to the judge in the letter?.

[AndyOrch]

Submit it as a Statement...signed with Statement of truth...its not a detailed report simply a breakdown of how you arrived at the total figure claimed with justified costs.

[kammx4]

Would you like to see what I've compiled before posting?.

[BankFodder]

Yes please. Present it here.

You want to do something in a kind of spreadsheet format where you itemise all the various expenses/costs – and at the end they total up to you what you are claiming.

I suggest that you use a spreadsheet. In the left-hand column you have the title of the expense. Then you have the actual £figure in the next column – and then in a third column you can put any notes or comments you want.

Try that and present it here

You would then send a copy to the other side and also a copy to the court

[BankFodder]

I have just noticed that last year there was a conversation between the OP and my site team colleague @Andyorch about the defence claim that you had failed to use your right to reject.
They seem to think that it's very significant.

I think the right to reject is precisely that – a right – it's not a duty.

There is nothing so far as I'm aware in the Consumer Rights Act that suggest that you have to follow a particular process. There is nothing In the Consumer Rights Act which suggests that the act replaces or supplants the existing common law of contract in any way.

The Consumer Rights Act provides additional clarity and provides additional routes to solve problems – but the roots are exactly that "additional".

I think this would be your argument that even if you had the right to reject, you were under no obligation to use the right – because it is a right not a duty – and it is up to you to choose the basic principles of contract

[kammx4]

Well this problem with these particular tiles is not apparent to the naked eye and and basic inspection which would arise before the 7 days. All the tiles were inspected before the 7 days. 

[BankFodder]

That's fine. Simply please go ahead and prepare the detailed statement of damages

[AndyOrch]

Also...and this is important...you have not updated your topic since Nov 2020 since submitting your directions questionnaire and the order you have just posted is known as an " Unless Order "....is there anything else you have not done since submitting your DQ ?

 

Did the court not send you a Notice of Allocation (N157) with its directions or a previous order to the one you have just uploaded.

 

You don't want to lose this claim on a technicality   

[kammx4]

As far as i'm aware i'm all up tp date with any correspondence with the courts. I've asked the clerk at the court to double check for me.

 

No notice of allocation received by the court so i'll have to do one and send asap.

[AndyOrch]

You cant do one ....the court send it out when the claim is ready to proceed...I was just checking to make sure you had not missed it.

They should issue one when you have submitted your latest statement of breakdown.

[kammx4]

I've 100% sent the N157 form last year. I'm going to have to go through everything and double check what i've sent to the courts. Also sent this last year.Thanks.

 

z18.pdf

[AndyOrch]

Mmmm not really a breakdown of costs by penny just a reiterate of your particulars of claim...you need to breakdown this £5k and account for every penny.

 

Re the N157 you do not send this form to the court ..they send it to you after you have submitted your N180 Directions Questionnaire.

[kammx4]

Hi i've prepared this for your viewing.expenses.pdf

[AndyOrch]

[kammx4]

Okay to send this then. Thanks.