MCOL Help - POC Claimant - Sale of Goods & Services Act*** Resolved***

[jess-star]

Hi there,

 

I'm in the process of MCOL and need some advice, I wish I'd come here first due to the problems and mistakes I've made.

 

I initially wrote a POC of a sentence or two expecting to be able to send the full info separately. The next screen was the interest screen and thought the check box here related to support of interest & out of pocket expenses rather than extended POC. I then added the full interest rather than the daily rate. I apllied for amendment that was refused. Later being told that an N215 form? to add to it would have been suitable and no fees or anything involved.

 

I returned the allocation questionaire and a week or so later and order that the defence had been struck out arrived soon after. Hoping this would be refused reinstatement I waited. Today I received and order to reinstate the defence is upheld. The other parties solicitor seems not to have recieved 3-4 items of court mail, when at my residential address I've received everything, not one item missing. Personally knowing the the RM have to carry court and business mail first I do not believe it. I personally think as my order to amend wasnt upheld they thought it would be dropped and therefore didnt return the allocation questionaire.

 

So I phoned the local court today only to be advised that I was taking the individual to court and not the company, which was a bit of a blow.

 

I need to up date the statement for court and some further proof the defence has requested. However I want to make sure I do this properly. I have been told by the court I can try amend the name with another formal application & fee. There's nothing to give me any confidence this will go in my favour after the previous attempt and that the judge seems to agree with solictors first and foremost (when it seems an outright lie not to have received correspondence from the courts on more than one ocassion). The courts have advised that if I go through this and its not in my favour, I can make a new application in the company name and make sure I get the POC right this time.

 

So with respect of this statement, I need to ensure the judge understands what the amendment was about. Then what I feel about this request for the defence to be reinstated, then my statement of events and evidence?

 

Currently it is just numbered paragraphs with reference to the evidenced documents?

 

The defendant hasn't told the solicitor everything, he maintains that the first he heard from me was my letter of January last year, he fails to tell the solicitor that I came for remedy in person with a friend and he would only give the bad workmanship a casual glance and offered no remedy as the guarantee was out of date by around a monhth. I suffered with a back injury so the car had broken down in Cornwall at relatives some 250 miles away. I was in effect bed ridden for about 6mths so couldnt get to the car to pick up on the workmanship. I realised under the sale of goods and services act that I have 6 years for workmanship to show up and make claim. I wrote explaining this and CPR rules and he stopped returning correspndence. I left it for another month to give ample time and show willing before setting up the MCOL. I wrote 3 formal letters in total as wanted to resolve out of court and just obtain a refund on the gearbox reconditioning, rather than the clutch failure thats related and various other expenses.

 

Thanks for any advice in advance

 

Jess

Edited August 17, 2012 by jess-star

[AndyOrch]

Hi Jess

 

Get back to you shortly.

 

Regards

 

Andy

[jess-star]

Hi There,

 

I'm just waiting now to see which of our allocation questionaires they go woth for the court location. I'm going to hazard a guess and say this will be here this week. I dont know how long we then have to wait before beign heard?

 

Anyway, I figure the first thing I need to check is the format. Should it be in the form of a witness stament or do I just lay it out point by point?

 

I had a thought maybe I could take the personal detail of out what I've done s far and upload it to the site?

 

Thanks for your time in advance

 

Jess

[jess-star]

Hi There,

 

I've just updated my statement a little and removed names etc. I'm going to attach it and hope this gives you the info you need to reply.

 

I called the courts the other day to check what was happening with allocation and the judge still hadnt heard it. They have been quite behind at the courts so I feel this must now be imminent.

 

Will get a donation up as soon as the next item on ebay finsihes and is paid for

 

Thanks again

Jess

Claimant Statement of Truth 2QT66533_names omitted.doc

[jess-star]

Hi Again, I've recieved a letter saying the judge feels this is suitable to use th efree mediation servive and to send form back within 7 days. (I already offered this in the letter before action, this recieved no response.) No form in the envelope either.

 

It then says court direction have to be followed unless resolution I then need to pay a fee of £25 by the 27th of September (unless I appply for fee remission).

 

I think I need to finish the document above and send it to them and the courts also. Court will advise a date, etc

 

Any thoughts or advice?

 

Thanks Jess

[AndyOrch]

Hi Jess

 

You should take up the offer of mediation (ADR) if offered as this is a plus in your claim, irrespective if the other party refuse, as this will be considered when costs are to be decided.

 

Regards

 

Andy

[jess-star]

Hi Andy, yes of course I am happy to do this. Its what I wanted rather than court but as I say he didnt respond to the offer. I'm busy until this evening but will try and find the form thatw as supposed to be with this letter.

 

I'm wondering if there is any advice regarding my statement or particulars of claim I uploaded.

Mainly is it ok, is there anything I've missed and should it be laid out as a witness statment with the parties atthe top between horizontal bars?

 

Thanks for your reply

Edited September 18, 2012 by jess-star
typo

[jess-star]

Oops sorry, I take it I still pay this fee just in case the mediation doesnt work?

[jess-star]

I called mediation, they'll email me the form

[AndyOrch]

Oops sorry, I take it I still pay this fee just in case the mediation doesnt work?

 

 

Which fee?

 

Your Particulars of Claim (Not statement of truth) to be honest is rather a tad too indepth jess. its should be short sharp and succinct.Never show all your hand in the first throw of the dice.You can expand later at AQ or WS or in a response to any defence offered.

 

Regards

 

Andy

[jess-star]

Hi Andy, thanks again.

 

I have received a two page doc from a solicitor as defense, he hasnt told him the full truth.

 

The POC for the form was short.

 

I was lead to believe that in court I had to put forward everything I was relying on?

 

AQ the alternative dispute process?

Whats WS short form or am I being dim?

 

Sorry long day digging and still not over the injury kinda wipes my grey matter at times.

 

Jess

[AndyOrch]

AQ is Allocation Questionnaire (the next stage) and WS are Witness Statements.

[jess-star]

Ah ha! Told you I was dim last night.

 

Yes this order is since they have looked at the AQ's, its been trasferred to mylocal court, am pleased they understood I cant always travel.

 

The judge says we can use this mediation service, I've sent form today.

It says £325 must be paid for the court hearing otherwise it will be removed from the list. I can apply for fee remission I've now found out, so will get that done today.

 

They sent through defence as soon as they received the N1 POC, a two page document.

 

I was now under the impression that everything I needed to rely on in court needed to be included in my statement of truth (which is the doc above I've called particulars of claim).

 

It says that I need to ensure the defendant has copies of my court documents by the 4th of October. I sent these to the courts when asking for an amemdment, this was thrown out and something derogatory said about the paperwork. Mainly it didnt need to be there and all they wanted was the short POC for the N1 in what I sent. Now these doc's are out of date so I'll need to resend to the court again also.

 

If I dont include everything in this paperwork but bring it up in court wouldnt I be in the wrong having not presented it? I think maybe you are thinking the POC for the form as aopposed to my what I now believe should be called my witness statement or statement of truth as opposed to be called a detailed particulars of claim?

 

Sorry if I dont make much sense, I'm also trying to get somewhere with the hospital over my injury and dealing with two things at once (oh 3, the new bed I bought to help recover is faulty, a second unit). I spaced these all out but have come to fruition all at the same time. It a bit of laugh/cry time with everything lol.

 

Thanks Andy for looking at this

Edited September 19, 2012 by jess-star
typo

[AndyOrch]

You have received an AQ and submitted it then Jess yes?

[jess-star]

Yes, I believe this response is the outcome of that seeing as we have been transferred to my local court rather than the one near the business.

[jess-star]

I sent the fee remission form yesterday and have sent off the mediation form also.

 

I've reformatted the doc, and found some typos etc to correct.

 

Will get some paper today for printing, let me know your thoughts.

 

Am justgoing to add a donation for the site.

 

Thanks Jess

Edited September 20, 2012 by jess-star
update info

[jess-star]

I've just added a donation, sorry its not huge. I f I will, I'll be back as you guys have helped me a number of times.

 

It's also come to mind that the defence was struck out as they didnt return allocation. The solicitor then prepared a witness statement asking for it to be reinstated.

 

His excuse was that he hadnt received 3-4 peices of mail. I do not think she should have upheld this. I know that Queens mail and business mail are carried first an foremost. The solcitor doesnt note any complaint with the royal mail. However she just reinstated the defence. I've received all mail at my residential address from them so it to me doesnt seem liek the truth. At the time I didnt know I could ask for fee remission so couldnt go against this and now the timeframe is up. However I'd like to make this point in the statement of truth. What are your thoughts here?

Edited September 20, 2012 by jess-star
typos

[jess-star]

Hi ya, am fast running out of time.....Jess

[jess-star]

Hi There,

 

I'm so tired and stressed by this my mother has lent me some money to see my brother this weekend. I have until Thursday to do this as the courts want it served by the 4th. I dont return until the 3rd.

 

I have called mediation, they've had nothing but tell me this wont prejusice anything ?????

 

So I decided to call his solicitor to see if they were going to. I spoke with someone there, as the case worker wasnt. I asked is they'd had problems receiving court mail. To which I was assured no never. I've taken his name and told him he was very helpful.

 

I'm going to have to get on with this and hope for the best now.

 

If by chanc eyou can comment or give a little advice I would be so very grateful, but time is short and panic has set in.........

 

Jess

[jess-star]

I meant to post back and say all sorted and we settled out of curt

[AndyOrch]

Delighted that this has been resolved Jess...I will amend tyour thread title to reflect the out come.

 

 

Well done

 

Regards

 

Andy