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Direct tiles Warehouse - Faulty Tiles - Claim Issued


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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

We could do with some help from you.

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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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Yes please..otherwise we wont know what points they defend on.

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

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.

We could do with some help from you.

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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.

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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  " 

We could do with some help from you.

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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. 

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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