Been a while (nearly 20 years)

[Restlesslegs]

Ahhhhh ok thankyou, it is what it is...ill remove it.
i did put it in the letter before action i sent him . will it matter ? im sure he will have just thrown it

[Pezza54]

Not a problem
Regarding the scooter being moved so many times because of the trader's unreliability I think the judge would have thought "Fool me once, shame on you, fool me twice, shame on me"

[Restlesslegs]

Ahhhhh ok thankyou, it is what it is...ill remove it.
i did put it in the letter before action i sent him . will it matter ? im sure he will have just thrown it

[Restlesslegs]

Not a problem
Regarding the scooter being moved so many times because of the trader's unreliability I think the judge would have thought "Fool me once, shame on you, fool me twice, shame on me"

Yes i guess, annoying though.
would myself and a friend missing a weekend festival waiting count as damages ? 2 tickets @ £60 i have proof of those. after taking the scooter out etc. i just didn't have the energy to go.
sorry about duplicate posts, just getting used to the forum.

[Pezza54]

Unfortunately not. The judge would probably say you should have told the trader that date was inconvenient

[Restlesslegs]

Unfortunately not. The judge would probably say you should have told the trader that date was inconvenient

I did tell him but he promised he would come, if i couldn't do that date he was going on holiday for 2 weeks, i had wires hanging off the solar panel and was worried as they were getting rained on.

[Pezza54]

You should write this in your witness statement, it will strengthen your claim

[Restlesslegs]

Hello PEZZA54 et al.

I think i am nearly ready to copy over online the Brief details and Poc,s ? hopefully ?
sorry about the long post any help given is very much appreciated

i have all the chat screen shots form the van man,re dates costs, his invoice.
Photos of screws, wires etc ect. All printed out
Just awaiting assessments off both the solar chap and the garage owner/mechanic with bills.
Both are camper van owners, Solar Man is en route to France, Mechanic is en route to Portugal.
i am fine with names addresses, amount claimed interest, what goes where there.

I have filled in online most of the claim ,applied for a reduction or waiver of fees and have a reference number.

im now stuck
Do i say Poc,s to follow and file
or copy over what i have written and say more poc,s to follow ??

Could you please check what i have done , too much, not enough, missed something, in the wrong place etc etc. scrap it completely and start again ?

Many thanks (head mashed Restlesslegs)


BRIEF DETAILS OF CLAIM




The Defendant breached the contract as :-

The Defendant failed to carry out work with reasonable care and skill. CRA2015 (section 49)

The work was not carried out as agreed. CRA2015 (section 50) .

The work was not completed in a reasonable time. CRA 2015 (section 52)

The goods were not fit for purpose. CRA2015 (section 10 ) (3)

The goods were not of satisfactory quality. CRA 2015 Section 9 (2) (3)




The Claimant seeks remedy.

To claim monies paid of £700 CRA 2015 section 54 (7)(b)

To exercise the right to treat the contract as at an end CRA2015 section 54 (7)(f)
















PARTICULARS OF CLAIM

(1)

On the 30^th Of March 2023 the Claimant made contact with the Defendant having seen his post on a very large camper van owners forum on Facebook.

The Defendant stated he was mobile and available in the north west to fit diesel heaters, solar systems, or any van build related work that needed doing.




(2)

The Claimant and Defendant agreed a price,for the goods the Defendant would supply and fit.

On the Claimants camper van reg. PXXXX

(a) a flexible 100w solar panel,

(b) a new 180ah deep cycle leisure battery,

(c) a split charge relay system,

The Claimant also agreed the Defendants costs for fitting the Claimants own new diesel heater, reversing camera and fixing the cigarette power outlets.

A date was agreed to commence and complete the work being the 23^rd and 24^th April 2023




(3)

The Defendant supplied an invoice for goods needing to be ordered and requested a deposit of £420 To be paid into his bank account.

The payment failed so the Defendant asked it be paid into his Wife's account

(Name )

The Claimant paid on April 4^th 2023 by online bank transfer from

Virgin Bank




(4)

The Defendant came to the Claimants home on 23^rd April 2023

Fit some wires for the solar system, a split charge relay.

A much heavier rigid solar panel that was not as described.

In paragraph (2) item (a)

Upon fitting the solar panel the Defendant left long sharp screws protruding though the fibreglass pop top that caused leaks and left wires hanging from the solar panel open to the elements.

The Defendant failed to carry out work with reasonable care and skill CRA 2015 (section 49)

The weight of the panel is now as such that the Claimant struggles to pull the pop top down.




(5)

The Defendant fit a battery that was not as described

In paragraph (2) Item (b)

It was subsequentially found on the 4^th May 2024 when the garage removed it to be not fit for purpose. CRA2015 (section 10 ) (3)

or of satisfactory quality. CRA 2015 Section 9 (2) (3)




(6)

The Defendant attempted to fix the power outlets, blowing fuses and damaging a part the claimant supplied.

The Defendant failed to carry out work with reasonable care and skill. CRA2015 (section 49)




The Defendant said he could do no more on the 23^rd April and that he would return the following day to complete all works as agreed.

He did not return as stated nor has returned since.




He requested a further payment of £280 the Claimant paid by Virgin online bank transfer, to the defendants wife (Name)




(7)

The Defendant did not return after the 23^rd April 2023.

The Defendant did not not uphold 10 further dates mutually agreed between 24^th April and 22^nd June with little or no notice.

The work was not completed in a reasonable time. CRA 2015 (section 52)




The Claimant missed a music weekend to stay home on the Solomon promise the Defendant would

call to finish the works.

He made clear that was his only free date before he went on holiday.

On the 11^th May 2023 The defendant asked the claimant to go to Leeds to his address and cancelled whilst the Claimant was en route being 8 miles away from his home.

The Defendant requested the Claimant go to his unit in York on the 21^st June the claimant declined



(8)

The Defendant left the Claimants camper-van with.

Wires hanging from the solar panel, rendering it unusable.

A battery not as described that would not provide power,rendering it unusable and the split charge relay useless .

He left wires hanging from the cigarette power outlet and blown fuses

He left long screws in a dangerous state when fitting the rigid panel ton the roof protruding into the sleeping space in the pop top also causing leaks

He left the Claimants solar power supply not fit for purpose and with no power to the internal outlets.

The Defendant failed to carry out work with reasonable care and skill. CRA2015 (section 49)




(9)

The Claimant made contact with a mobile solar engineer (name)

He came to the Claimants address on the 12^th of July.

He fixed the wires left hanging of the solar panel and made safe several long screws left by the Defendant coming through into the pop top.

He fixed 4 leaks made by the screws.

The Claimant paid the engineer (Name) £90 by Virgin online bank transfer.










(10)

On the 4^th May 2024 The claimant took the camper van Registration PXXXX for an MOT, ( name the garage) to fit the diesel heater,to fix the power outlets and investigate why the new 180ah battery had never supplied any power, despite showing as full, then going flat as soon as any power was required.




(11)

It was found the battery supplied as a new as a 180ah deep cycle leisure battery was, upon removal found to be a large, potentially dangerous, heavy, old , flat, lorry battery (a starter battery) with all stickers removed.

The battery was not as described in (2) item (b)

The work was not carried out as agreed CRA 2015 (section 50)

The goods were not of satisfactory quality CRA 2015 Section 9 (2) (3)







(12)

The Claimant sent a letter before action to the defendants address, allowing 14 days to make contact,suggest ADR or make restitution payment.

Signed for as received on 23^rd March 2024.

The Defendant did not respond.




The Claimant claims interest under section 69 of the county courts Act 1984.

At the rate of 8% a year form April 4^th 2023

To April 2024??( date of claim filed ??)

of £ xxx

and also 0xxp interest at the same rate up to the date of judgement or earlier payment at a daily rate of xxx













Statement of truth

[Pezza54]

Much of your PoC reads like a witness statement There is too much detail, you need to be briefer, writing short concise paragraphs
Provide headings (not numbered) and number paragraphs consecutively and number pages See post #2 for my suggested headings
Re-write brief details of claim . Just generalise, no need to state individual clauses in the CRA the trader breached
As characters and lines are limited on MCOL best to tick the box PoC to follow
You need to provide more info on the contract, "agreed a price" you need to expand this statement
Under the heading "Amount Claimed" state the amount you are claiming, calculate the interest and show a total claim value including interest

[Restlesslegs]

Thank you, ill edit down and follow your advice :-) the long winded version will serve as a reminder for the witness statement.