Help with Particulars of Claim

[Snapples]

I am looking with help constructing a particulars of claim for a claim against an individual through the county court...

History
*I placed an order online for an iPad from the Pay Monthly Store on finance.
*I paid a deposit by bank transfer on 4th July 2012 of £124.75
*I was told that my order would be delivered on 21st July 2012
*I sent several emails between the 4th & 21st July to confirm my order would be delivered on 21st July, each time I received confirmation that I would receive my item as per order.
*Goods did not arrive on the delivery date and received an email informing me that my order could not be fulfilled and that I would receive a refund of my deposit.
*I have received several emails explaining that my refund is being processed, however as to date I still have not received my refund of £124.75


I have sent a letter explaining It is a legal requirement to send a notice of intended litigation before proceedings in the County Court are issued.

[Guest]

Re: Help with Particulars of Claim

Hi

Seems pretty much that what you have written here is quite comprehensive, you may want to add, some costs to cover your postage etc, you can also add section 69 interest from the date of claim until judgment but it would only be 3p per day. I take it you have sent the LBA giving them 14 days to pay.

D

[Snapples]

Re: Help with Particulars of Claim

Hi

Seems pretty much that what you have written here is quite comprehensive, you may want to add, some costs to cover your postage etc, you can also add section 69 interest from the date of claim until judgment but it would only be 3p per day. I take it you have sent the LBA giving them 14 days to pay.

D

Thank you for your reply and info, yes I have sent a the LBA

[SpringerSpaniel]

Re: Help with Particulars of Claim

You are seeking an Order for Specific Performance that the refund should be paid to you as agreed.

The letters or emails in which the refund is promised as the order cannot be fulfilled should be attached to the claim form.

Due to the amount inovlved, it will be on the Small Claims Track.

[Snapples]

Re: Help with Particulars of Claim

You are seeking an Order for Specific Performance that the refund should be paid to you as agreed.

The letters or emails in which the refund is promised as the order cannot be fulfilled should be attached to the claim form.

Due to the amount inovlved, it will be on the Small Claims Track.

Thank you for your reply and information

[SpringerSpaniel]

Re: Help with Particulars of Claim

1. The Defendant is a seller of electronic good who operates via the World Wide Web. The Claimant attempted to purchase an item from the Defendant's business, namely an iPad tablet computer, by an agreement made on or around [the date you placed the order].

2. In reliance on this agreement, the Claimant made payments of [give detaisl of the amounts, dates and means of any payments you made] as a deposit / part payment/full payment [as applicable] towards this purchase.

3. On or around [the date you were told the order could not be fulfillled], the Defendant communicated to the Claimant by an email, a copy of which is attached to these Particulars of Claim, that the Claimant's order could not be fulfilled as per the said agreement and that the monies paid by him would be refunded.

4. Despite correspondence between the paarties, the Claimant has still yet to receive the refund as promised by the Defendant.

5. Accordingly, the Claimant seeks an Order for Specific Performance that the Defendant make the refund as agreed in the attached email of [its date].

6. In the alternative, the Claimant seeks damages for breach of contract.

7. The Claimant seeks interest on any amounts found to be due to him, under the provisions of the County Courts Act, and costs.

[Guest]

Re: Help with Particulars of Claim

8- The claimant is under the illusion that he is a solicitor.

Personally, i think that this is better in the OP's own words it is as you say a small claim, also i believe the section 69 interest should be quantified also i would not go into applying for damages, simple is best i find.

D

[Snapples]

Re: Help with Particulars of Claim

1. The Defendant is a seller of electronic good who operates via the World Wide Web. The Claimant attempted to purchase an item from the Defendant's business, namely an iPad tablet computer, by an agreement made on or around [the date you placed the order].

2. In reliance on this agreement, the Claimant made payments of [give detaisl of the amounts, dates and means of any payments you made] as a deposit / part payment/full payment [as applicable] towards this purchase.


3. On or around [the date you were told the order could not be fulfillled], the Defendant communicated to the Claimant by an email, a copy of which is attached to these Particulars of Claim, that the Claimant's order could not be fulfilled as per the said agreement and that the monies paid by him would be refunded.

4. Despite correspondence between the paarties, the Claimant has still yet to receive the refund as promised by the Defendant.

5. Accordingly, the Claimant seeks an Order for Specific Performance that the Defendant make the refund as agreed in the attached email of [its date].

6. In the alternative, the Claimant seeks damages for breach of contract.

7. The Claimant seeks interest on any amounts found to be due to him, under the provisions of the County Courts Act, and costs.

Thank you very much for your advise and help.

[Budgie]

Re: Help with Particulars of Claim

I think it's a bit unfair to criticise Springer Spaniel for what is a perfectly written POC. This is a very straight forward claim and a well written, easy to read POC will please the Court and make success a formality.

However, it's not clear whether Snapples is intending to manually file the claim at County Court or is planning to file online. If online then I suspect the POC is too long and would need to be adjusted a bit to fall within the maximum allowed word count.
Snapples, the combination of your own summary and SpringerSpaniels draft version edited and made as short as possible without spoiling the overall flow of the claim may be the best way forward.

I do agree however that it is probably not necessary to include damages as an alternative and in any event the section 69 interest, as piddling an amount as it is, will have to be quantified on whichever filing method is eventually used.

Snapples, you asked for help with the particulars of claim. SpringerSpaniel has gone above and beyond and actually produced a full POC for you. If you need someone to double check your final version or need any further assistance with the actual filing of your claim please just shout.

Budgie

8- The claimant is under the illusion that he is a solicitor.

Personally, i think that this is better in the OP's own words it is as you say a small claim, also i believe the section 69 interest should be quantified also i would not go into applying for damages, simple is best i find.

D

[miliitant]

Re: Help with Particulars of Claim

if you paid by credit/debit card, have you tried a charge back through your bank before going down the court route

[Budgie]

Re: Help with Particulars of Claim

See original post by OP

if you paid by credit/debit card, have you tried a charge back through your bank before going down the court route

*I paid a deposit by bank transfer on 4th July 2012 of £124.75
.

[Guest]

Re: Help with Particulars of Claim

I think it's a bit unfair to criticise Springer Spaniel for what is a perfectly written POC. This is a very straight forward claim and a well written, easy to read POC will please the Court and make success a formality.

However, it's not clear whether Snapples is intending to manually file the claim at County Court or is planning to file online. If online then I suspect the POC is too long and would need to be adjusted a bit to fall within the maximum allowed word count.
Snapples, the combination of your own summary and SpringerSpaniels draft version edited and made as short as possible without spoiling the overall flow of the claim may be the best way forward.

I do agree however that it is probably not necessary to include damages as an alternative and in any event the section 69 interest, as piddling an amount as it is, will have to be quantified on whichever filing method is eventually used.

Sometimes my style is a little abrupt. it was not meant as a critisiysm
Snapples, you asked for help with the particulars of claim. SpringerSpaniel has gone above and beyond and actually produced a full POC for you. If you need someone to double check your final version or need any further assistance with the actual filing of your claim please just shout.

Budgie

Sometimes my style is a little abrupt. it was not meant as a criticism .But i know that judges have commented on amateur lawyers over complicating simple claims.There i go again, no one doubts Springers skill and knowledge, it is just not needed in this case. Small claims is designed for settling simple disputes.
Phrases like "specific performance" whilst fine in a commercial of high court context are over egging the pudding in a situation like this I believe.

As said earlier the section 69 interest calculates at 3p per day( rounded up)

D



W

[Snapples]

Re: Help with Particulars of Claim

if you paid by credit/debit card, have you tried a charge back through your bank before going down the court route

Hi miliitant .... All deposits had to be paid by bank transfer, stupidly after I had done the transfer I then realised that It was stupid to do so and already little alarm bells started to ring.

[Snapples]

Re: Help with Particulars of Claim

Budgie & Border Collie..... thank you for your help and advice and I will definitely take all your comments on board before I start my claim, you never know I just might receive my refund before I have to go down this route (cough) !??!!

[SpringerSpaniel]

Re: Help with Particulars of Claim

I think it very likely that if you serve the claim - pretty much whatever its wording - you are likely to get the refund pretty much by return. In my view it is more imprtant that you get on and serve the claim so the sellers know you are serious. The exact wording is a very secondary issue.