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    • ah good. changes things then. but you must reply to them within 30days. we'll deal with that later.   now why are you getting this letter if the agreement you said earlier is in your brothers name? should be in his name its also not on that they did that, it was obvious you could not get the credit , so can you clarify please who's name is on the agreement too?   what is also not very nice either is they scammed you into handing the car back under i would assume voluntary surrender, whereby you owe everything, rather than telling you you could voluntary terminate only owing to the 50% mark.   can you expand upon the how the handback came about and what they did and didn't say?   all of the above if true bodes well to p'haps buffing this debt away .   dx
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    • Thank you both. My defence was as vague as their Claim.   1. I am the defendant in this claim and litigant in person. All allegations made by the claimant are denied.   2. The defendant does not recognise the alleged agreement xxxxxxxxxxx as mentioned in the particulars of claim therefore it is denied that any such agreement exists.   3. The defendant has requested copies of the alleged agreement under Data Subject Access Request, Consumer Credit act 1974 s.77/8 and Civil Procedure Rules 31.4 but to date the claimant has failed to provide a copy of this document.   4.The defendant has also requested copies of the default and termination notice for the alleged account xxxxxxxxx as required to legally enforce the alleged debt, but again the claimant has failed to provide either.   5. In addition the defendant has requested copies of statements for the alleged account xxxxxxx showing the amount of monies allegedly owed to the claimant. To Date these have not been provided.   6. The defendants view is that this claim is vexatious and an abuse of process as the claimant has failed to provide any documentation to support their claim and respectfully requests that the said claim be struck out.   As an aside, I noticed that the 'statement' they did provide had a different figure on it to what they are claiming, so I will hopefully be able to flesh out quite a bit in my skeleton argument.   Spam 
    • 80% refund sounds like a very good deal* as they are entitled by law to deduct an amount from the refund to reflect the use you have had of the item over the 12 months it has been working.   So you could argue that a deduction of 20% for one year indicates that they expect it to last for at least five years, and probably longer.     * Think about it this way - would you pay 80% of the value of a brand new iPad to buy a second-hand one that somebody else has been using for over a year, or would you expect to get it cheaper than that?
    • Hi WoodDD.. Neither Case was cited in the VSC WS... however, MR D form VCS threw in VCS v Ward & Idle for the Judge to consider during the hearing. The Judge did not have time to review this. I believe he may have had a quick scan but decided it wasn't relevant at the time.. By not relevant, he didn't elaborate if it was not admissible or anything else..   Hope this helps..   Regards Tom     
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Direct tiles Warehouse - Faulty Tiles - Claim Issued


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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.

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Topics merged.....please do not start new topics on the same matter.....how is anyone to know what  your last post is in connection to on its own ?   Andy

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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 ?

We could do with some help from you.

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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 ..........

 

 

We could do with some help from you.

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No sign of the General Order ?

We could do with some help from you.

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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.

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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?.

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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 ?

We could do with some help from you.

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Seems they have covered their selves in 4.12 ?

We could do with some help from you.

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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.

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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.

We could do with some help from you.

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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

We could do with some help from you.

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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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  • Andyorch changed the title to Direct tiles Warehouse - Faulty Tiles - Claim Issued

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