Direct tiles Warehouse - Faulty Tiles - Claim Issued

[kammx4]

What i mean is that for someone to fully understand the problem of faulty manufacturing of these tiles and the awkwardness of how you would spot this and its effect with the grout spread on the judge should see this 1st hand and not use the conference call facility. I know we could be waiting a while though. Not a site visit though.

[AndyOrch]

Well you would reject the offer of a Remote Hearing and state your reasons why it is not suitable. The court will offer this option when you receive the Notice of Allocation after you have submitted a Directions Questionnaire.....unless the court has dispensed with allocation after your last hearing ?

[kammx4]

Okay the court are sending out the general order notice.

z6.pdf signed.pdf

[AndyOrch]

Well that would help so we know exactly what the Judge ordered at the last hearing.

 

The above amended statement ...you have added the statement of truth in with the final paragraph.....a statement of truth must be separate and there is now a revised wording which you must use......

 

“I believe the (claimant or as may be) believes that the facts stated in this [name document being verified] are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”

 

Signed.......

 

Dated this day ..........

 

 

[kammx4]

z7 signed.pdf

[kammx4]

Not sure when this general order notice is coming though.

[dx100uk]

not being picky but your grammar and english makes the claim confusing to read in many areas.

[kammx4]

Really which bits?.

[kammx4]

Do you think were ready for me to send this to the court please?.

[kammx4]

Change the date and send?.

[AndyOrch]

No sign of the General Order ?

[kammx4]

Just arrived.

z8.pdf

[AndyOrch]

Thanks......so looking at the directions do you feel your particularised defence complies with the following directions and you have it all covered ?

 

2. b. The Claimant is to file and serve amended Particulars of Claim explaining the terms of the contract sued upon and explaining the cause of the action along with a breakdown of the sums claimed by 13 November 2020.

[kammx4]

Well i can be more detailed in the breakdown of the claim and the terms of contract was inspect the tiles for colour, size and shade variations which we did. The contract didn't say check each edge of every tile in a certain light to see any imperfections in the glaze and microscopic holes in the surface so i argue the tiles are not fit for purpose. What are your thoughts please?.

[AndyOrch]

Well your claimed is broadly based pursuant to CRA 2015 and your rights as a consumer...which overrides the Defendants T&Cs and therefore encompasses the cause of action pursuant to the CRA 2015.

 

Have  you got a copy of their T&Cs and what is stated with regards to defects and claims ?

[kammx4]

z10.pdf

[AndyOrch]

Seems they have covered their selves in 4.12 ?

[kammx4]

This is the argument we checked for any problems before installing but the problem only came to light when grout was applied. The problem couldn't been seen in a general inspection and size and shade is not the problem with these tiles. It's in the manufacturing.

[kammx4]

Can they legally send out tiles received from another country without checking them and send them out?.

[AndyOrch]

3 minutes ago, kammx4 said:

This is the argument we checked for any problems before installing but the problem only came to light when grout was applied. The problem couldn't been seen in a general inspection and size and shade is not the problem with these tiles. It's in the manufacturing.

 

Then your good.......and state that your not suing under the defendants terms of contract...but pursuant to the CRA. and which part.

You have to draft this statement in simple terms...assume the Judge as never seen any detail or previous POC and explain briefly...as you can go into more details at the next stage.Along with a clear breakdown of the sums claimed...attach any quotes if need be.

[kammx4]

Would you say the terms of contract have been broken?.

[kammx4]

Which parts of the CRA specifically have been broken?.

[AndyOrch]

Good questions and one which the Judge is obviously not clear on.....its complex because it could be construed that fault is outside the suppliers control...IE it only became visible after grout applied.  

 

 

https://www.which.co.uk/consumer-rights/advice/what-do-i-do-if-i-have-a-faulty-product

[kammx4]

Should i attach the quotes i have and reports or offer them to the judge if needed?. 

[AndyOrch]

Disclosure normally follows allocation of the claim .....but you can refer to them within the particulars