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Hi
i am putting together my defence due to a contract being made under duress, but i am struggling to find some example cases to include with my evidence pack of a similar situation.
in short myself and partner were locked in a shop and made to feel like we could not leave until a deposit was paid for something we didn't particularly want as the store couldn't give us what we wanted. we paid as my partner is a very anxious person and under GP for treatment and didn't want a situation to escalate. the next day we made contact and cancelled the order officially and requested the deposit back. we were ignored. a claim was then sent to us for 30% of the order value due to loss of business.
obviously this case is very much he said she said but i do have evidence that we booked a free consultation and quote appointment, i have also called the store from a work phone that has the message that the call is being recorded since and mentioned that i attended the store and the door was locked and they confirmed that the doors are always locked which helps my side of things. hes also lied in his statement and i can disprove him with his own website so i have areas where i can prove to a judge that he isn't being honest with the courts which i'm sure will go in our favour but want to try and make my defence as strong as possible.
where i am struggling is finding how to phrase the duress ans everything i have found relates to withholding money or goods or being threatened as apposed to being locked in a room, although we both felt threatened no threats were ever made other than him saying when we said we would be getting other quotes and would come back to him "i need a deposit paying, i have designed this and you have committed" in hindsight we should have just called the police from the store.
so any examples of cases i could reference or any guidance on how to phase things in the defence.
Thanks in advance
i am putting together my defence due to a contract being made under duress, but i am struggling to find some example cases to include with my evidence pack of a similar situation.
in short myself and partner were locked in a shop and made to feel like we could not leave until a deposit was paid for something we didn't particularly want as the store couldn't give us what we wanted. we paid as my partner is a very anxious person and under GP for treatment and didn't want a situation to escalate. the next day we made contact and cancelled the order officially and requested the deposit back. we were ignored. a claim was then sent to us for 30% of the order value due to loss of business.
obviously this case is very much he said she said but i do have evidence that we booked a free consultation and quote appointment, i have also called the store from a work phone that has the message that the call is being recorded since and mentioned that i attended the store and the door was locked and they confirmed that the doors are always locked which helps my side of things. hes also lied in his statement and i can disprove him with his own website so i have areas where i can prove to a judge that he isn't being honest with the courts which i'm sure will go in our favour but want to try and make my defence as strong as possible.
where i am struggling is finding how to phrase the duress ans everything i have found relates to withholding money or goods or being threatened as apposed to being locked in a room, although we both felt threatened no threats were ever made other than him saying when we said we would be getting other quotes and would come back to him "i need a deposit paying, i have designed this and you have committed" in hindsight we should have just called the police from the store.
so any examples of cases i could reference or any guidance on how to phase things in the defence.
Thanks in advance
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