Direct tiles Warehouse - Faulty Tiles - Claim Issued

[BankFodder]

I think you may as well just go ahead and issue.

If you keep an eye on the return date, you might even get a default judgement and then go ahead to execute using High Court enforcement.

However, you probably should bear in mind that they might later on use the virus problem as a way of getting a set-aside – or they may even defend and then just hope that the virus problem will cause long delays.

It's a choice you're going to have to take – but it seems to me that you are going to have to issue proceedings sooner or later – so you might as well get underway now.

[kammx4]

Okay thanks.

 

What's a default judgement please?.

[BankFodder]

I think you can easily research the term "default judgement" on this forum or on Google

[kammx4]

Okay i understand Please see below what i've put in on the MCOL website.

 

[BankFodder]

Right – please will you download what you've just offered to us as a PDF and tell us if you can read it – and if you would like to receive that if you are helping somebody else

[kammx4]

I thought it was?.

 

[BankFodder]

I'm sorry but it's really not fair to us. The document is a mess – it's on its side and it's not possible to understand it's complete.

If you are seeing a solicitor and you were receiving the quality of advice that you are getting here but paying the going rate of between £300 and £400 an hour, I'll bet you you would get the document sorted out and beautiful so that the solicitor didn't have to do it himself.

We are working very hard for you – and were only asking that you put in a little bit of effort.

Please will you saw the document out so that it is obviously complete, the right way round – and once again the way that you would like it presented to you if you are investing your energy and helping somebody – or the way that you present it if you are paying loads of money to a solicitor.

I'm sorry to take this line but I think what I'm asking is completely reasonable

[dx100uk]

hidden but we can see it.

 

are you not going to redact it?

[kammx4]

I'm okay with it thanks.

[BankFodder]

I'm afraid you will have to be more specific about the losses that you are claiming. You will be able to claim form "any contingency costs" or "any unforeseen costs".

When you make a claim for compensation/damages then you have to be pretty clear about the value of your claim.

Can you remind me – had I already proposed a draft particulars of claim somewhere in this thread. I'm afraid that I'm not able to keep in detailed contact with every thread that I'm helping.

 

[kammx4]

I'll look back through. Just wondering how i would put a figure on unforeseen circumstance or contingency. Thanks.

[BankFodder]

Well then you would have to put a figure of – maximum of £X X X and of course in court you then have to prove that figure but also you would have to pay a court fee which reflected that maximum figure. Of course if it turned out that your losses were greater than that then you are probably limited by your maximum figure.

[kammx4]

Okay i'll reword and get back to you. Thanks

[BankFodder]

I take it that I didn't propose any draft particulars of claim previously in this thread.

In that case I think it would be useful if you actually listed out your losses, beginning with the quote – which is a very clear and ascertainable amount and then see what you come up with for the rest. Although I don't see any reason why you need to give any ground here, it might avoid complications if you are prepared to take some kind of loss in terms of fares or something. They can't be very substantial

[BankFodder]

I think that your particulars of claim should begin:

 

Quote

The claimant purchased tiles from the defendant retailer. It became apparent only on installation that the tiles were defective. The defendant is in breach of their obligations under the Consumer Rights Act 2015.
The claimant seeks the price of removing the defective tiles and purchasing and installing replacements as per a quote which has already been supplied to the defendant.
The defendant is in possession of all reports and quotations and is fully aware.
The claimant also seeks ancillary losses namely X X X and X X X amounting to £ZZZ

 

[kammx4]

 

How does this look or do i have to specify what the extra money is for?.

 

[BankFodder]

Any update on this?

[kammx4]

Hi i just thought that the courts wouldn't be open right now under the present circumstances.

I'm ready to go though.

 

 

[BankFodder]

Can you just remind me – because there's so much going on that I am losing my way – are you sending this particulars of claim and then a more detailed version separately or is this what you sending?

 

Also, can you tell me what the "unforeseen circumstances" are likely to be. In other words can you tell me what you foresee is likely to be unforeseeable

[kammx4]

Damage to the LED tape lighting on the island which would have to be completely replaced inits entirety and materials. Are the courts still running during the virus for small claims and if i submit the claim and pay the fee and this company goes out of business would i lose the fee. Thanks.

[BankFodder]

In that case get a firm price for the LED tape lighting. Even if you have to estimate it – put in a figure. You cannot simply say that you are claiming for unforeseeable circumstances.

If the company goes out of business – yes you will lose the fee. On the other hand, if you were to put the claim in now, there is a fair chance that they won't respond and you'll get a default judgement – but of course if you can't force it then you will lose the fee. On the other hand, if they go out of business then you will have lost everything

[kammx4]

Would it be best to see if they are still trading first before putting the claim in.

The tape was specially made for the island an exact fit if that makes sense.

Around £350 pounds plus installation.

[BankFodder]

It's up to you. I'm afraid I can't decide for you. Don't forget that this virus lockdown is open-ended – and even when it ends, lots of businesses might try to get going and then stagger to a halt.

On the other hand, if you issue proceedings now, things will probably move on although maybe a bit more slowly – that you may get the judgement you want or it may go to an online hearing.

Also, don't forget that even if they were still in existence, if you got the judgement against them they could still wind themselves up and leave you with nothing. I'm afraid this is the kind of risk that you have to take.

[ericsbrother]

the courts are doing quite a few hearings by phone conference calls atm.

If you submit a claim and the company responds they may well ask for mediation. If you agree to that be careful as to who does that, sometimes the industry's own Trade Associations do the work and they have a vested interest.

 

The way things have progressed there will be NO mediation on their part.

 

Unless i send the claim as they've offered tiny settlements each time i've gotten more serious. 

[BankFodder]

Any update on this?