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Do I have a case here?

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  • #16
    Re: Do I have a case here?

    I would suggest the following changes (numbers refer to your paragraphs):

    Para 1. I [name] of [address] am the claimant in this claim. The facts in this statement come from my own personal knowledge.
    Para 8. is hearsay and not something you know from your own knowledge. Rephrase it to "on dd/mm/yyyy mr ? of the framers informed me that on 05 September 2017 D had ......"
    Para 9 list individual calls by date and content if you have the details. If not amend to "I made a number of calls to.the number listed ....."
    para 10 should be split into two paras. One records receipt of defence (no need to include it as exhibit as the court already have a copy), Other para records receipt of email dated dd/mm from D
    Para 12, omit as there is no need to summarise what you have done
    Paras 13 & 14 may be omitted as it is not necessary to quote the relevant acts (but have your own copy handy in court just in case!)

    Dates should be expressed thus 05 September 2014


    Rather than a plain statement from the framers, obtain a statement in the same form as your WS

    Comment


    • #17
      Good morning.

      I submitted my documents to the court and defence one month ago, as required. It included:

      My witness statement
      Framers witness statement (confirming phone call with movers)
      Framers repair quote
      Phone records of calls to movers
      Photo of moving crates in my garden
      Photos of damage to frame at repairers
      Emails between movers and myself

      The hearing is tomorrow. The defence has not submitted any documents (at least that I have seen). I did not expect them to attend the hearing.

      However, I received an email this morning from the movers, again maintaining that because I did not notify them of the damage within their required 48 hours they are not liable. They provided a link to their website that specifically advises in their terms that notifying the movers is not sufficient, it must be done in writing to the company (this T&C's on their site was updated at 8:50 this morning and for just that one page, the Google cache has been deleted...!)

      They also claim in this email that although they admit breaking the glass, they are not responsible for the damage to the frame itself and they would see me tomorrow in court.

      So, to my surprise they will attend. If they have not submitted any evidence or documents to the court or myself within the required timeframe, can any of these recently updated terms be used in their defence tomorrow?


      Comment


      • #18
        Originally posted by schooleydoo View Post
        Good morning.

        I submitted my documents to the court and defence one month ago, as required. It included:

        My witness statement
        Framers witness statement (confirming phone call with movers)
        Framers repair quote
        Phone records of calls to movers
        Photo of moving crates in my garden
        Photos of damage to frame at repairers
        Emails between movers and myself

        The hearing is tomorrow. The defence has not submitted any documents (at least that I have seen). I did not expect them to attend the hearing.

        However, I received an email this morning from the movers, again maintaining that because I did not notify them of the damage within their required 48 hours they are not liable. They provided a link to their website that specifically advises in their terms that notifying the movers is not sufficient, it must be done in writing to the company (this T&C's on their site was updated at 8:50 this morning and for just that one page, the Google cache has been deleted...!)

        They also claim in this email that although they admit breaking the glass, they are not responsible for the damage to the frame itself and they would see me tomorrow in court.

        So, to my surprise they will attend. If they have not submitted any evidence or documents to the court or myself within the required timeframe, can any of these recently updated terms be used in their defence tomorrow?

        I would give the court a ring and ask if they have had anything because then you'll know if they have served them copies.

        The terms seem to be a good thing, as if they are saying the terms apply to you they are admitting they entered into contract with you and that the cash payment you made was to them for the service.

        As has been said by others they can't opt out of their liability for damage, so if anything they have just strengthened your case by admitting they entered into contract with you.
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

        Comment


        • #19
          Good news, I won.

          As you mentioned, the terms worked in my favour but as there was no evidence submitted by the defence beforehand, I wasn't sure how it could be used.

          Luckily the defence had prepared a statement and the judge asked if I had any objections to allowing it to be read. I allowed this (hoping they would admit fault) and the defence put forth their argument. They felt they were not liable as I had not made them aware of the claim within 7 day, as their contract terms stated.

          I argued that I was not provided a copy of their terms so was unaware of this clause. I also argued that had I been aware, I would still have complied with those terms as the movers were aware of the damage when it occurred. The defence agreed I was not supplied the terms. The judge then ruled that they had breached Consumer Rights Act 2015 Chap 4 sec 49 and awarded me the cost of the frame replacement and court costs.

          Had the defence not admitted that I didn't have a copy of the terms and it was his word against mine, I felt it would have been a different outcome. The judge was very interested in the wording of the terms which surprised me as I was under the impression that their terms were ultimately irrelevant, as they still admitted to causing the damage... so quite obviously did not perform the service with reasonable care and skill!
          Last edited by schooleydoo; 26th March 2018, 11:04:AM.

          Comment


          • #20
            Originally posted by schooleydoo View Post
            I also argued that had I been aware, I would still have complied with those terms as the movers were aware of the damage when it occurred.

            Had the defence not admitted that I didn't have a copy of the terms and it was his word against mine, I felt it would have been a different outcome.
            I think you would have still won as you had made them aware within their terms.

            Congrats, hopefully they'll just pay up and that'll be the end of it.
            COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

            My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

            Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

            Comment

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