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    • Change Zoom to Online as Zoom is only one platform, and they might use another, it has become the accepted terminology, but best not to refer to a specific platform.  Otherwise looks good The rteal devil of Simon's claim is that he is trying to imply a contract that depends on a Prohibition for Consideration, And its one sided as the person he is binding has no benefit from the contract, apart from paying £100 for the privilege of stopping however briefly.  a nanosecond, a minute 30 minutes kerching that'll be £100 or else.  Simon has also invoiced cars stopped at a Zebra crossing with people crossing at an airport.
    • When she rang BT did she just "mention" about cancelling her Bb contract or did she actually tell them to cancel it?   I've just renegotiated my Bb contract with BT (I know they're useless but I can't be bothered doing too much work to look at any other provider) and I've managed to save money plus they are meant to record 'phone calls and I know (because I spoke to several different call handlers over two weeks) thatthey take very accurate notes of their conversations with customers.   She needs to find out if she actually did cancel the contract.  (I'm sure others will suggest doing a SAR).   Also what sort of contract did she have with BT?  Presumably it included Bb, mobile phone and Sky?  If the contract had just renewed, BT should have emailed her confirming contract details including duration, how to cancel and cancelation fees.  They've just done this for me for the contract I renegotiated two days ago.   EDIT:  It's not clear, but are you saying she's been charged £800 cancelation for Bb or are you saying shae hasn't paid them £800 she owes on her phone?   She ought to be able to look at her BT account online to see what she owes and how her bills are made up.  
    • I can ask the secretary. The mechanic does not wish to talk outside discussing work to be done.
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    • I think that it would be helpful if you could get that point confirmed in writing from the mechanic. You will need to get a document which identifies the poor fitting of the turbo and the effect it has had on things like the gasket. Are you able to do that tomorrow?
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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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.

We could do with some help from you.

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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.

We could do with some help from you.

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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 ?

We could do with some help from you.

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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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