Howdens Traders passing on discount - Scam??

jillytb

I will post the particulars of claim and judgement as and when it is appropriate. I have now been advised that my case is one that may be a potential test case that could result in customers in "certain" industries being able to claim the "trade price" from the supplier/tradesman.

System

jillytb wrote: »

I will post the particulars of claim and judgement as and when it is appropriate. I have now been advised that my case is one that may be a potential test case that could result in customers in "certain" industries being able to claim the "trade price" from the supplier/tradesman.

so you have already won this case but it is now maybe going to be a test case?? something isn't right there if the case has been concluded

Alan_M_2

jillytb wrote: »

I will post the particulars of claim and judgement as and when it is appropriate. I have now been advised that my case is one that may be a potential test case that could result in customers in "certain" industries being able to claim the "trade price" from the supplier/tradesman.

Now would be an appropriate time to post particulars.

See post #107 for a definition of a test case.

But it doesn't exist does it?

Alan_M_2

the_r_sole wrote: »

so you have already won this case but it is now maybe going to be a test case?? something isn't right there if the case has been concluded

Agreed, a test case is generally a finding that is referred to by judges of future cases when a precedent has been set.

Thier judgement is often based on the findings of a previous case.

Leif

the_r_sole wrote: »

so you have already won this case but it is now maybe going to be a test case?? something isn't right there if the case has been concluded

My reading of the thread is that the OP took a civil action against the builder, and it will now go to a criminal trial. It is possible that the OP originally went to the police and they refused to act. Hence the civil action.

andrew-b wrote: »

As Alan says you agreed a price..that the paperwork doesn't tally after the event is irrelevant as you still accepted a contract at some point agreeing to the price you paid.

I think the OP assumed she had agreed a contract with the builder to supply the kitchen at cost price (requiring VERY little work on his part) and then to fit the kitchen for an agreed price. Hence the builder could perhaps be done for breach of contract. There may also be consumer laws regarding deception e.g. claiming to supply an item at cost price as part of a contract, but in reality trousering a significant sum of money. Using a second Howdens invoice to 'prove' the price of the kitchen might be seen as part of the deception.

System

Leif wrote: »

My reading of the thread is that the OP took a civil action against the builder, and it will now go to a criminal trial. It is possible that the OP originally went to the police and they refused to act. Hence the civil action.

if so we should be able to see details of the concluded civil matter as they should be public records - it would have no bearing on a criminal case if publically available documents were made public on here, it would however be interesting and informative to everybody here to see the details of the civil action

phill99

the_r_sole wrote: »

if so we should be able to see details of the concluded civil matter as they should be public records - it would have no bearing on a criminal case if publically available documents were made public on here, it would however be interesting and informative to everybody here to see the details of the civil action

I can't see in any post where the OP says which court the action was taken in. If it is small claims, then it will never become a binding precedent. Binding precedent only comes from cases heard in The Court of Appeal, Supreme Court, House of Lords etc and 'binds' lower courts (County/Crown Courts etc).

Also I'm not sure that findings from small claims courts are routinely published, but am happy to be corrected.

I'd interested in what the judgement was, as I know many others would be.

Leif

phill99 wrote: »

I can't see in any post where the OP says which court the action was taken in.

See post 31 where the OP refers to a "a civil court".

phill99 wrote: »

If it is small claims, then it will never become a binding precedent. Binding precedent only comes from cases heard in The Court of Appeal, Supreme Court, House of Lords etc and 'binds' lower courts (County/Crown Courts etc).

Also I'm not sure that findings from small claims courts are routinely published, but am happy to be corrected.

I'd interested in what the judgement was, as I know many others would be.

Perhaps the OP has been advised by her solicitor not to discuss details of the case. Just a guess.

System

i don't think they are routinely published either, but they are available to the public, so if the op could furnish us with the details we could actually go and request the details of the case ourselves

System

if it is two seperate cases then there is no need not to disclose the details of the first case