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Faulty furniture dispute with Material Things
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Just to clarify - we claimed the amount of our deposit £1,795 paid by credit card. We did not pay anything else.
I believe it is the notification from the Court, but will confirm later. I think my partner & I have received one each.
Whos is the contract between? You and the seller, or your partner and the seller? Surely there can only be one contract in existence.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
Whos is the contract between? You and the seller, or your partner and the seller? Surely there can only be one contract in existence.
The original order which forms the contract was in our joint names. We are named as first and second defendants on the County Court Claim Form, which is presumably why we got a copy each. The claim number is the same on each. Curiously, whereas the solicitor was previously demanding we pay £4,965, the amount of the claim is £2,445.0 -
The original order which forms the contract was in our joint names. We are named as first and second defendants on the County Court Claim Form, which is presumably why we got a copy each. The claim number is the same on each. Curiously, whereas the solicitor was previously demanding we pay £4,965, the amount of the claim is £2,445.
From what you have told us here, it seems that they were clearly in breach of contract and I find hard to understand why any decent solicitor has taken the case.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
You don't mention what the faults was....0
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From what you have told us here, it seems that they were clearly in breach of contract and I find hard to understand why any decent solicitor has taken the case.
You and me both! We have a letter from Material Things (before the solicitor got involved) in which they admit not making the furniture to our exact specifications, yet the Court Claim says that they "supplied furniture in accordance" with our instructions. The basis of the claim appears to be that we "refused to accept" the furniture & that we are therefore in breach of contract.0 -
Submit a defence.The burden is on the plaintiff to prove the case if things are as you say then I can not see the judge, assuming it gets there, ruling against.. ,
Not sure where you are but the hearing will be in your local court so if you are in sunny Newcastle they are going to have to do a bit of travelling if they wish to continue"The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."
Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)0 -
We have a letter from Material Things (before the solicitor got involved) in which they admit not making the furniture to our exact specifications,
Game, set and match. You have written evidence from the plaintiff that they did not fulfil the terms of the contract. A judge will very much like such evidence, and it seems you have gone about things correctly every step of the way.
(I wonder if the plaintiff's solicitor is aware of this letter?) :rotfl:
Edited to add - I wonder if the plaintiff's solicitor is working on a No Win No Fee basis? :rotfl:0 -
Game, set and match. You have written evidence from the plaintiff that they did not fulfil the terms of the contract. A judge will very much like such evidence, and it seems you have gone about things correctly every step of the way.
(I wonder if the plaintiff's solicitor is aware of this letter?) :rotfl:
Edited to add - I wonder if the plaintiff's solicitor is working on a No Win No Fee basis? :rotfl:
I didn't think solicitors worked on debt recovery cases on a contingency basis; what profit would be in it for them? They are not claiming any damages above what they say the OP and his partner owe.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
The original order which forms the contract was in our joint names. We are named as first and second defendants on the County Court Claim Form, which is presumably why we got a copy each. The claim number is the same on each. Curiously, whereas the solicitor was previously demanding we pay £4,965, the amount of the claim is £2,445.
Did you both sign the order contract?The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
Not sure where you are but the hearing will be in your local court so if you are in sunny Newcastle they are going to have to do a bit of travelling if they wish to continue
Not that far away for them unfortunately!
(I wonder if the plaintiff's solicitor is aware of this letter?)
I’m fairly sure they are aware of it
Did you both sign the order contract?
We were both named at the top of the order contract, but only I signed it0
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