Advice needed regarding County Court Claim Form DCB Legal & UKPC

Coupon-mad

i2obies said:

I have completed the first draft of my WS, would it be possible to have a check over it to see if suitable for my court case!

Many thanks

https://www.dropbox.com/s/wqc9gj11h3r7xc2/WS_V2_redacted.docx?dl=0

Remove Exhibit 12 (and any words talking about it in the WS) as UKPC isn't in the IPC.

Change para 13 to say that the fake add-on 'costs' are intended to be banned.  They aren't banned yet!

And as your case is mainly about the terms being ambiguous, add this wording (below) near the start after you say the terms were read to mean x but the C says they mean y:

The Consumer Rights Act 2015 (CRA 2015) says at  S.69. (1):

"If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail."

This is an objective statement. It requires no interpretation nor invites any legal argument about an unclear or ambiguous term to decide what it really says. Instead, it focusses on difference. If the trader who drafted terms thinks that a term means A, but a consumer sees two conflicting messages and/or has a reasonable belief that it means B, there is no longer any need to decide which of A and B is the intended or the more probable meaning.  The mere presence of different understandings reasonably held allows the consumer to prevail – without further discussion.

1505grandad

Also check exhibit refs. in body of WS  -  for instance:-

Para 14  -  "........ particular, the brief, conspicuous yellow & black warning signs) set ahigh bar that this Claimant has failed to reach (Exhibit xx-08).

Exhibit 8 is BPA CoP

i2obies

@Coupon-mad thanks for your help I will get on with amending it this weekend. After reading through it again I have noticed that I have also mixed up some of the exhibit numbers! 🤦🏻‍♂️

i2obies

1505grandad said:

Also check exhibit refs. in body of WS  -  for instance:-

Para 14  -  "........ particular, the brief, conspicuous yellow & black warning signs) set ahigh bar that this Claimant has failed to reach (Exhibit xx-08).

Exhibit 8 is BPA CoP

Thanks I read it through again and noticed a few mix ups with the exhibits, cheers.

i2obies

I have gone through my WS again, edited it and corrected a few mistakes! How does it look now? thanks. 

@Coupon-mad i added the section you suggested above, hopefully it makes sense where i have added it. 

https://www.dropbox.com/s/sl2vkgkuhxlaurl/WS_V3_redacted.docx?dl=0

Coupon-mad

Looks good.  I predict a discontinuance next week!

i2obies

I really hope so! Should I get it emailed off to the local county court ASAP? Even though the deadline is 28th… 

Coupon-mad

I think wait till nearer the time the WS are due, or you are giving UKPC time to read yours and write a response.

I predict a discontinuance this month!

i2obies

Email from DCB legal today…

Our client has instructed us to discontinue Court proceedings and close our file. Therefore, please find enclosed the Claimant’s N279 Notice of Discontinuance for your records.  

Another one bites the dust!

Thank you all so much for your help and advice!! 😀 

patient_dream

i2obies said:

Email from DCB legal today…

Our client has instructed us to discontinue Court proceedings and close our file. Therefore, please find enclosed the Claimant’s N279 Notice of Discontinuance for your records.  

Another one bites the dust!

Thank you all so much for your help and advice!! 😀 

HAHAHA .... as predicted ... GREAT NEWS

This is better than watching a comedy show on TV

Umkomaas ....... over to you please