Fitness Superstore - Delivery Dispute

[Intrepid]

Bodypower Sports Ltd have filed their defence attached below.

 

I think what is so disingenous about the whole thing as written in their defence, is they make out that it was an issue that I could not collect in person. They make no mention of the fact this was not an issue for the them if I chose to pay by bank transfer instead of credit card. So really they had no issue with who collected the item but simply how they were paid.

 

Their disclosure in response to the SAR they received was incompete. I think it might be time to make a complaint to the ICO and perhaps bring a claim regarding their incomplete disclosure.

 

DQ received, to mediate or not to mediate?

FS - Defence Redacted.pdf

[Intrepid]

DQ filed and served agreeing to mediation.

A final response has been received from Fitness Superstore regarding my query concerning their incomplete disclosure. They maintain their position that a full data disclosure has been made.

 

A complaint has been submitted to the ICO and Fitness Superstore informed as such. Fitness Superstore is registered with the ICO.

Edited January 11, 2022 by Intrepid

[Intrepid]

The Court appears to have accepted the fact Fitness Superstore were served the full particulars of claim.

This is indicated under "recent transactions" where the date of service is recorded as 21/12/2021 in keeping with the certificate of service that was re-filed to the court with the correct address.

[Intrepid]

Draft witness statement for review.

FS - WS 1.1 - Redacted.pdf

[Intrepid]

Claim dismissed.

The judge held that the terms of the contract were to agree terms for delivery post sale.

The nail in the coffin was the correspondence on 8th December in posts #58 and #59.

Following the options presented by Fitness Superstore, none of which were acceptable, the judge held following that exchange the contract was deemed to be at an end as a result of repudiatory breach, therefore no breach of contract occured.