Defending a Claim with Vague and Incoherent Reasons

[echat11]

I did and have, unfortunately as Trading Standards have talked to the claimant they have subsequently joined the association so the membership directory reflects the status now - not at the time of the dispute.

Ask the association how long XXXXXXXX has been a member of the association? Do that in writing.

You could try the internet archive, see if that throws anything up -

https://archive.org/

[BigJ]

Good points, I've grabbed the IA pages already, sadly they don't cover anything in 2021 past Jan. I'll contact the trade association.

I'd also like to verify or otherwise CRB check and Insurance and Trading Address - the point being to demonstrate a history of dishonesty and the fact that information advertised about the business that I relied on relevant to the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 such as:

(b) the identity of the trader (such as the trader’s trading name);

(c) the geographical address at which the trader is established

And Section 50 of the Consumer Rights Act 2015:

Information about the trader or service to be binding:

(1) Every contract to supply a service is to be treated as including as a term of the contract anything that is said or written to the consumer, by or on behalf of the trader, about the trader or the service, if—
(a) it is taken into account by the consumer when deciding to enter into the contract, or
(b) it is taken into account by the consumer when making any decision about the service after entering into the contract.

Finally I'd prefer to save the court's time and mine by avoiding a hearing so perhaps a formal way of requesting information may bring the claimant to their senses over the weakness of their claim.

Thanks, John

[BigJ]

Good morning all. If anyone can spare the time I would greatly appreciate any feedback my my draft witness statement below.

Should I include points 23 and 24 or keep them for the hearing?

The [EVIDENCE/0X - Description] sections will be replaced with a reference number beginning with my initials and numbered sequentially from 1 in the final bundle.

Many thanks in advance, John

1. I, *name* of *address* am the defendant in this claim. The facts in this statement come from my personal knowledge.
2. I contacted the claimant on morning of the 29/06/2021 to quote for the replacement of a sticking UPVC multipoint gearbox. He agreed to quote for the work that afternoon.
3. Just after 15:00 the claimant arrived and was let in by my wife. She showed him to the door and left him to examine it, whilst she attended to our children and her guest.
4. At approximately 15:40 I finished my conference call. My wife then informed me that the claimant claimed to have fixed the UPVC multipoint gearbox and had informed her a new euro-cylinder was required. As we already had a spare euro-cylinder for the UPVC door, I left my office to meet the claimant and suggest he use a euro-cylinder I had.
5. The claimant informed me that the euro-cylinder would not fit, although he did not measure it.
6. The claimant then proceeded to go back and forth to his van for 20 minutes trying various sized euro-cylinders. This made me question if the claimant had the relevant skills to repair the door as it’s a simple process to measure the size of the required euro-cylinder as explained in [EVIDENCE/0X How to measure].
7. I was then called away on another work call. After which my wife informed me that the claimant had finished and was demanding £225 in immediate cash payment. I asked my wife if she had agreed for him to do the work and if he had provided the quote that I had asked for. She explained that he had not provided a quote and she had not agreed for him to carry out any work on the UPVC multipoint gearbox. Nor had she been offered or agreed to a price for the euro-cylinder.
8. I became concerned; we had not agreed to the work, or had a quote, nor I did expect a reputable tradesman to demand cash payment immediately without presenting an invoice.
9. I felt the fee demanded was unreasonable as I had previous brought a euro-cylinder for £21.30 [EVIDENCE/0X invoice for Yale euro-cylinder] –the euro-cylinder I offered the claimant. I had also researched UPVC multipoint gearboxes before seeking quotes and had learned that it was more cost effective to replace, rather than repair them [EVIDENCE/0X Master Locksmith Association Price Guide]. Nor did demanded fee align with the claimants own published price list [EVIDENCE/0X Claimants Published Price list]
10. I asked the claimant to provide a detailed invoice for his work and agreed to provide my email address for him to provide it. He left just after 16:00 on the 29/06/2021.
11. The following morning (30/06/2021), I provided my email address by text message and explained I was not happy and would detail my concerns by email [EVIDENCE/0X – Text Message].
12. On receipt of the invoice my concern grew. The address on the invoice [EVIDENCE/0X Invoice] did not match the address advertised on the claimant’s advertising materials [EVIDENCE/0X Website, EVIDENCE/0X Google Search, EVIDENCE/0X Business Card] in breach of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Schedule 2.
13. On the 30/06/2021 at 16:21 I emailed the claimant [EVIDENCE/0X Email No 1.] detailing my concerns:
    1. I had asked for a quote. Neither my wife nor I gave for the claimant permission to work on the UPVC multipoint gearbox.
    2. The alleged repair was inappropriate given the low cost of replacing the part.
    3. The fee for a replacement euro-cylinder had not been agreed and was unreasonable.
    4. The inability to correctly measure the size of a euro-cylinder suggest that the work has not been done with reasonable care and skill as defined by the Consumer Rights Act 2015 (Hereafter referred to as the CRA).
14. In that email I made the offer to settle the invoice for £110 as the UPVC multipoint gearbox appeared to be fixed. I rejected the euro-cylinder as it was not as described by the claimant – exercising my right to reject as per the CRA Part 1, Chapter 2, Section 20.
15. I emailed the claimant again at 18:12 to rescind my offer to pay for the alleged repair as the defect had returned just over 24 hours later [EVIDENCE/0X Email rescinding offer].
16. In his response of 19:31 on 30/06/21, the claimant asserted that he offered a yearly warranty but made no attempt to offer to rectify the defect to the alleged repair [EVIDENCE/0X - email] under warranty. He falsely claimed the Yale euro-cylinder I supplied was not TS007 rated which is untrue as can be seen on [EVIDENCE/0X – Yale Website]
17. I responded on 01/07/21 at 09:37 stating my intention to reject the euro-cylinder under the CRA, ‘Right to Reject’ and ‘Right to a price reduction’ as per Part 1 Chapter 4, Section 56. [EVIDENCE/0X - email] I included an offer to use an Alternate Dispute Resolution Service if the claimant felt I was being unreasonable.
18. I then heard nothing from the claimant until he emailed me on 08/07/21 falsely claiming the court had requested my “commanding officer's name address of station”. [EVIDENCE/0X - email]
19. On 08/07/21 I received from the court the claimant’s claim dated 06/07/2021 at 9:52AM.
20. As the claim was issued 6 days after the invoice, had there been a contract between us and a debt due, it would not be overdue on the date of the claim. Nor would the claimant have had time to comply with the CPR - Pre-Action Protocol for Debt Claims.
21. On 19/07/2021 I had a new gearbox fitted to the door. At that time the fitter showed me that the existing gearbox that the claimant allegedly serviced [EVIDENCE/X - Invoice] is a sealed unit and cannot be serviced. Nor was there any sign that it had been cleaned or had new grease applied. I attach a statement from the fitter as [EVIDENCE/0X – email from fitter] as well as photographs I took on 19/07/2021 of the gearbox showing it is a sealed unit that cannot be serviced and that the unit has not been degreased as alleged by the claimant on his invoice. [EVIDENCE/0X – Photos of Gearbox and old grease]
22. On the 04/08/2021 the claimant filed his Directions Questionnaire in which he acknowledges that he was asked to provide a quote. [EVIDENCE/0X – DQ].
23. Considering the facts, I have shown in this witness statement, I have given I assert that:
    1. I asked the claimant to quote for work, I did not receive a quote [offer] from him and could not therefore have accepted an offer. Nor did I have the intention to create a legal agreement between us.
    2. The alleged repair to the UPVC multipoint gearbox was not done. It is not serviceable.
    3. I have a right to reject the euro-cylinder under the CRA Part 1, Chapter 2, Section 20 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 Part 3, Regulation 29.

24. I therefore ask the court to reject the whole claim.

1. As the CPR - Pre-Action Protocol for Debt Claims was not followed, the claim was brought before the debt was due, the claimant has refused to use ADR or the Court’s Mediation Service. The Particulars of Claim do not comply with CPR Part 16 Statements of Case, I believe the claimant’s behaviour has been unreasonable and ask the court to award costs against the claimant as per CPD reference here
2. I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

[BigJ]

Is anyone able to offer any feedback please?

Thanks, John

[echat11]

R0b Can you please take a look, Many thanks.

[BigJ]

On further reading I think I should drop 23 and 24 and make those points at a hearing.

[echat11]

I would drop both 23 and 24, ADR shouldn't be referred to at all in the Witness Statement. It reads really well, lots of detail.

I had a bit of a 'chuckle' at this bit -

'I then heard nothing from the claimant until he emailed me on 08/07/21 falsely claiming the court had requested my “commanding officer's name address of station”. [EVIDENCE/0X - email]'

[echat11]

BIGJ

Are you having tech issues?

[BigJ]

BIGJ

Are you having tech issues?

It seems so, my reply does not seem to have posted and the last attempt to post it warned me it was going to an admin as spam.

Regards, John

[echat11]

It seems so, my reply does not seem to have posted and the last attempt to post it warned me it was going to an admin as spam.

Regards, John

Try clearing 'cookies'. I saw a post saying 'Test', then that disappeared.

[BigJ]

Tried clearing cookies, but still can't post what I'd said... odd. Will try in bits...

[BigJ]

I've dropped the points 23 and 24 from above. Just curious, but why not mention ADR? It's gone now, but it was something Citizens Advice strongly advised me to offer when I sent my initial email complaints.

[BigJ]

I've added a new point 23:

Whilst preparing this statement I became aware of a negative review of the claimant that shows that others have had problems with defective work and another different price for euro-cylinders [EVIDENCE/0X - Negative Review].

It's not hugely relevant to my case, but shows his claim in the PoC and DQ to have had no complaints is false, as well as showing others have complained of defective work just days after alleged repairs and finally a different price for a euro-cylinder - almost as though he just makes prices up on the spot.

[BigJ]

I too found 18 strange, I have no idea what he thought was asking for or why.

[echat11]

I've dropped the points 23 and 24 from above. Just curious, but why not mention ADR? It's gone now, but it was something Citizens Advice strongly advised me to offer when I sent my initial email complaints.

Your ADR requests is something that should be made known to the Judge when the consideration of costs arises.

https://www.justice.gov.uk/courts/pr...ctions/general