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    • is response to CPR rules you sent me - my observations are   1)they havent stated under what law/legislation they make a claim, they have mentioned document they rely on but didnt serve it with application as above   2)they didnt serve application or evidence on me ever! court knows this    3)this is a telephone hearing where no oral evidence is to be given , do we do skeleton arguments or court bundle , when do we give to court - order is to only submit evidence in response 7 days before hearing   4) there are /is a document which gives complete defence to the claim, disclosable at trial , so they shouldnt have sought summary judgement a)i have an email from them ,  a deed of guarantee and indemnity (DOGI) was required for guarantee, pre condition to lending b)i have a docusign email sending request to sign this  DOGI document (not attached it was a docusign login) , c)they dont have a copy of it and havent provided under SAR or specific request.  d) anyone who does a DOGI, is not defined as a 'Guarantor' in the agreement, which is not signed in a personal capacity anyway, e)so in the application they rely on loan agreement having a self contained gurantor section, and the fact my name is next to word guarantor (but not signed personally, no statute of frauds anyways)   their definition of a guarantor-"person named in offer letter who enters into this loan agreement to provide a personal guarantee and indemnity. this definition excludes any third party guarantor who enters into a seperate DOGI"
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    • thanks for that very helpful, ill make some points on it in a minute just wanted to say they never served me application against CPR, i had to obtain off court a copy. They refer in wtiness st - marked as what they rely to support application a paginated bundle PR1 which apparently accompanies the statement, i can see from the references and amount of pages it should be the loan offer and loan agreement, as you would expect.   so i asked court can i have copy of PR1 so i can check, they just got back and said  claimant has never either in electronic database or in paper, served a bundle PR1 with the application,    there said it was claimants job to serve everyone and me- so ask them      i was about to and i had a thought, they havent submitted any evidence in support of their application why remind them !   in theory judge will get to hearing and go where is your evidence of this agreement?   and for the record they are very sloppy and do make major mistakes in their paperwork, so this isnt unusual
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Direct tiles Warehouse - Faulty Tiles - Claim Issued


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That is what i originally sent and the 2nd time asked what I'm claiming for which is what i sent in the 2nd statement. Shall i resend the 1st statement or rewrite and make it more detailed?.

 

Not sure why the court hasn't got that 1st statement but the whole thing was a mishap anyway as the 1st call i had the judge had the wrong case.

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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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Rewrite a fresh particularised particulars of claim given that the court has ordered this.....lay it out as per the defendants statement format.

You will have to submit an application notice N244 to change the defendants name....the fee will be £100.

 

Post a copy here of your intended particulars before submitting...you will have to conclude it with a statement of truth as you will be submitting it manually.Did the court give a date that this must be complied with ?

 

Andy

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Please find this amended claim as requested on the 30th of October this year.

My original claim was sent on the 29/6/2020 and not what was used on the 30th.

 

Claim is as follows

 

after checking all the tiles, as per Ceramics/DTW’s contract for size, colour and shade differences etc etc, it became apparent upon the grout stage of tiling, which is the final process there was a serious problem with the supplied tiles, a differing stage of staining on the edge of some tiles.

 

After exhausting the use of the chemicals purchased by myself and supplied by ceramics/DTW ltd and upon a more thorough inspection, ie catching the tiles in a correct light at an angle the problem was revealed and using a magnifying glass tiny microscopic holes in the surface on some edges of some tiles.

 

I have physical and pictorial evidence of this as do Ceramics/DTW and conclude the tiles supplied are not fit for purpose and the contract has been broken.

 

We have 19 tiles in various stages of defectiveness but after two offers from Ceramics/DTW which wouldn’t cover any labour costs, and by Ceramics/DTW”s own admittance the new tiles supplied won’t match the ones we already have,  and on the bequest of Ceramics/DTW to provide three quotes to replace all the tiles, which we’ve done we conclude we need to change all the tiles to keep a continuity and perfect colour throughout our £40,000 project. 

 

Ive draughty this so far. Look forward to your thoughts.

 

I"ve created this  so far.

Look forward to your thoughts.

Claim number will be on the email to the courts.

 

Please find this amended claim as requested on the 30th of October….pdf

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Requires work.....a lot if you wish to stop this set a side.Did they actually submit a defence ?  If so can you scan redact and upload that also.

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No thats not their defence......thats their statement in support of their application to set a side.Did the court advise them to submit a defence now its been set a side?

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No they just asked me to serve and an amended statement and why the contact was breached. The above is the only Court paperwork i have from Compton group other than letters received at the start of the year.

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You should receive a General Order notice form the court advising the set a side and requesting you to submit amended particulars. Im not sure what this judge is thinking when he is without sight of the defendants intended defence or what is concerning him with your particulars.

 

It is important to quote the CRA 2015 and that you are relying on this as the basis of your claim.....your stated losses and interest if requested. Try not to go into too much detail.with regards to the nature of the defect...there is a defect..you are not satisfied with their previous offers and what you require to satisfy your claim.Rememebr the more detail you give the more detail you give to the defendant to use in their defence.

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CRA 2015? and how am i relying on this please?. I'll redo the statement and take out the detail. I'm not a legal person but i think their defence IS that ive accepted the tiles. Is " not fit for purpose" a legal term?.

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Consumer Rights Act  2015 ....its was initially stated in Bankkfodders suggested particulars and in your initial posted particulars.

That is the legislation you are relying on .

 

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The judge wants a better statement in the particulars like the defendants and the terms of the contract that I'm saying has been breached.

 

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Post it here for opinion before submitting.....and again you cant just attach it to an email with the claim number...it must be formatted like the defendants statement and conclude with a statement of truth signature and dated...otherwise its invalid and likely to be rejected by the court.

 

Quote

The judge wants a better statement in the particulars like the defendants 

 

Be professional.

 

Andy

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Not really......does not state how much your claiming or if your claiming interest...its suppose to be a particularised version of your POC.

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No County Court name ...no claim number....no date.......no heading......hold your proposed statement at the side of the defendants......does it look the same ?

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PLEASE let me know to add or take out any info. I thought maybe i should mention that due to the nature of the fault and evidence i have that the court would need to see this in person?.

z5.pdf

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Better .....beginning to look like a particularised defence...although your final paragraph should state the amount claimed 

 

 

" Pursuant to the consumer rights act 2015 sections 9, 10 and 15 . I have a legal right to be supplied with goods that are satisfactory and fit for purpose to which these tiles are not and clearly the contract has been broken. At no time from my initial contact to Ceramics ltd/ DTW even after offering numerous times did they want any samples sent or come and inspect the tiles themselves.

 

The claim is for all works to be completed which consists of replacement of all 125 tiles and labour . 

 

And the claimant claims £5999.00 along with court fees of £410.00 "

 

Quote

 I thought maybe i should mention that due to the nature of the fault and evidence i have that the court would need to see this in person?.

 


Sorry I dont understand the above statement ?

 

Andy

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Would you not think that as some of the evidence should be seen by the judge to ascertain the problem they should know before hand so we don't get an conference call hearing.

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21 minutes ago, kammx4 said:

Would you not think that as some of the evidence should be seen by the judge to ascertain the problem they should know before hand so we don't get an conference call hearing.

 

Your not at that stage yet......unless the judge specifically requested evidence be submitted with the particularised defence.....otherwise that follows with the court directions.

We could do with some help from you.

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

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