Jump to content

  • Tweets

  • Posts

    • Sounds good. Beware you will likely get interest at 4% as I am yet to see a single court give out 8%
    • Thanks @jk2054 I'll incorporate your feedback in #199 into the WS. I'll stick to just the claim value and interest, as I understand that it is not simple to quantify other expenses such as time spent, lost work, etc.
    • It doesn't need to but it makes no difference.   What you will find is that if the judge finds in your favour, they will award the sum and ask you if you want anything else, it is at that point you claim interest and your expenses (if applicable) such as lost work etc
    • Just a few suggestions -  I wouldn't be listing the attachments in your index. Just say exhibits then have a page of an exhibit index right before the exhibits start move the defendant's evidence bit above the the previousy reported cases. I believe if you look at the macbook case, you will see similar I also think for the issues in dispute and not in should be short bullet points not full on sentences (for example point. 8 paragraph 3 isnt an issue in dispute or not its just an explanation - the list of dispute/not in dispute should be short and concise. Information about the points should be in your wintess statement. Also on page 3 you switch between bulet points and numbers, I think you shoud be using numbers throughout so you can refer to it much easier.  Also I'm not sure why you have put your issues in dispute as part of your witness statement. I would be putting this as a seperate page before your witness statement. point 25  - I would add something that says something similar to "The Defendant cannot rely on a contract they have not provided to exclude their liability" I also see lots of switching between I and the claimant. Its a mere point of how it reads but I think you should stick to one or the other not use them interchangeably. Also, I would say that your WX should have your name at the bottom above the signature. I'd also change the wording on page 8 to be just "Exhibits to witness statement of YOUR NAME" Just my thoughts and vast majority are just about the formation rather than the content
    • Hi, yes i did claim interest in the particulars of claim. I just thought it needed to also be mentioned in the WS - if it doesn't need to be in WS, then happy to take it out. @jk2054 yes, blue font is only used in the draft WS so the amends are easily visible. Final version of WS will be in black font.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.


      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Create New...