Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.

[AndyOrch]

Their letter of offer wasnt headed " Without Prejudice save as to costs " ?

[Nongki]

Yes it was

the first one, where they offered to acceot £1000, 11th Jan wasn't

second one, dropped to £750, 5th Feb was

Edited February 8 by Nongki

[AndyOrch]

Thank you for your recent letter dated xx xxx 2024,  whilst it is appreciated that both parties would rather avoid this claim proceeding to the forth coming hearing and your attempt to mediate and expediate matters.

However I must decline the generous discount offered to the alleged amount claimed.

Having already paid out for an application to have the hearing adjourned and moved to the new date at considerable cost, in view of my defence in this matter, It is my intention to claim further costs.

Signed.

[Nongki]

cheers again

[Nongki]

Hi

Would it be possible to have a look at advising on witness statement please. By my working out needs to be with them this friday latest

Thanks

[AndyOrch]

Make a start in your own words of what happened what they did and then I will structure you a draft complient Statement

Post a copy here and we can finalise it by Tuesday/ Wednesday

 

.

[Nongki]

Brilliant, thank you

[jk2054]

Is it a court bundle or just WX + docs you need to submit?

Also your witness statment should be numbered and double spaced between para

[Nongki]

Cheers, I have DM'd a truer version to Andy, numbered spaced etc

[dx100uk]

we dont give advise by PM as it helps no-one bar YOU

not what CAG is about

post to your thread

dx

 

[Nongki]

I DM'd it to Andy, asked the question if it was ok to do that, and he replied with a thumbs up.

I m certainly not wanting to go against any rules of CAG just thought it was best way as has case reference, addresses etc.

 

 

[dx100uk]

docx file removed, they have all your pers details in file/proprties.

post to thread or use PDF

you should not be publicising any pers details like ref numbers

read upload carefully.

[Nongki]

CAG.pdf

[AndyOrch]

Very good Nongki very little for me to do but I will polish it for mid week.

[Nongki]

Maybe a daft question, but getting closer the time and started to worry / panic

So when you have done your magic, I send a copy of that plus my 13 bits of evidence from Adidas to DWF and the court. ?  

[AndyOrch]

Correct , lets hope they are not following this topic now that your first draft has been opened copied and posted to the open thread for none member's to view. 

Would you prefer I hide that post for now ?

[Nongki]

Yes please

My own fault for not reading the upload guide, so much appreciated if you can

[dx100uk]

done

dx

 

[AndyOrch]

Done....

3 minutes ago, Nongki said:

Yes please

My own fault for not reading the upload guide, so much appreciated if you can

Not really, given its an upload (Docx or PDF) only members can read it,  when its copied to the open topic as it was then its a problem if it does contain sensitive identifiable information. All statements should be uploaded on the forum for this very reason whether draft or final. Defence no problem as it contains very little for spying eyes.

You didn't post it to the topic so do not berate yourself. 

Catch up with you tomorrow or Wednesday.

[Nongki]

Hi

Just wondering if you had come up with any tweaks I need to make as looking to get these posted out today

Thanks in advance

[AndyOrch]

Next on my to do list  I assume you have not received the claimants statement yet?

[Nongki]

Nope, probably won't either, but will certainly let you know if I do

[AndyOrch]

Okay your statement as stated previously is excellent and I have very little to add apart from where you refer to any documents/receipts/screen shots you should end that paragraph with ...

" On 3^rd August 2021 I initiated a return of 6 items and an exchange for 3 items. Please see exhibit number #1 AD02 and so on.

Attach your exhibits to a legend sheet with all the sheets listed and numbered and then attach that to the statement. The legend sheet will enable the judge and yourself to refer to with ease.

Prepare three sets Court/Claimant/ File

You could possibly bolster your point 15 and head it conclusion with that once returned you are not liable for the missing returns and that is a matter for Adidas and its carriers to review their procedure's and therefore you deny the claim in its entirety.

Rest is excellent well done.

 

Andy

[Nongki]

Brilliant, thanks so much for this. I will make the amendments and get them sent off

Is there any real benefit in having these delivered to DWF on friday rather than tomorrow ?

[AndyOrch]

Yes later the better then they cant prep theirs on yours and counter your points but make sure the courts is on time.