Statement of Defence attached (cloning case) – need to mail in 48 hours. What do you think of it? :)

Coupon-mad

stevebanjo said:

Coupon-mad said:

I like your style and robust focus. I think your CC has legs as long as you cite the laws that lead to a legal 'cause of action' for damages.

The PFHA does

The DPA 2018 does

The CRA 2015 does

The CPUTRS do too:

I think you should cite all four.  Lead the judge to the laws.

Thanks, I like yours too And again, I appreciate the continuing advice, this is really useful. 

I have the first two covered. Are there specific elements of the latter two (CRA and CPUTRS) I should be calling out, you think? 

CRA 2015
I'd draw attention to: 

S71 - the court's duty to consider fairness of TERMS and CONSUMER NOTICES (the latter means all letters, all comms, all signs - basically anything with a message for/intended to be read by consumers)

...then cite the CRA definition and section on 'fairness' and that 'unfair terms (includes consumer notices) are unenforceable';

...then read the examples in Schedule 2 and pick out the ones that match/support your case;

- and quote the part that provides for consumer remedy in damages.




CPUTRS 2008:

- see the section about 'misleading omissions' and 'misleading actions' to show that such conduct is actually illegal not just under tort.  To me it seems to mirror (but strengthens) your tort of negligence argument by showing that consumer law actually makes this an offence;

 - and quote the part that provides for consumer remedy in damages.  I think this was added to that law in recent years to confirm that consumers have a £ damages remedy and it isn't just Trading Standards who can use the CPUTRS. 

stevebanjo

Coupon-mad said:

stevebanjo said:

Coupon-mad said:

I like your style and robust focus. I think your CC has legs as long as you cite the laws that lead to a legal 'cause of action' for damages.

The PFHA does

The DPA 2018 does

The CRA 2015 does

The CPUTRS do too:

I think you should cite all four.  Lead the judge to the laws.

Thanks, I like yours too And again, I appreciate the continuing advice, this is really useful. 

I have the first two covered. Are there specific elements of the latter two (CRA and CPUTRS) I should be calling out, you think? 

CRA 2015
I'd draw attention to: 

S71 - the court's duty to consider fairness of TERMS and CONSUMER NOTICES (the latter means all letters, all comms, all signs - basically anything with a message for/intended to be read by consumers)

...then cite the CRA definition and section on 'fairness' and that 'unfair terms (includes consumer notices) are unenforceable';

...then read the examples in Schedule 2 and pick out the ones that match/support your case;

- and quote the part that provides for consumer remedy in damages.




CPUTRS 2008:

- see the section about 'misleading omissions' and 'misleading actions' to show that such conduct is actually illegal not just under tort.  To me it seems to mirror (but strengthens) your tort of negligence argument by showing that consumer law actually makes this an offence;

 - and quote the part that provides for consumer remedy in damages.  I think this was added to that law in recent years to confirm that consumers have a £ damages remedy and it isn't just Trading Standards who can use the CPUTRS. 

Thank you! Ploughing through it all now... 

Coupon-mad

Hmmm I thought some more about this and - sorry - maybe neither laws apply after all, because both depend on you having formed a contract with the trader.  You didn't. They just say you did!

stevebanjo

Coupon-mad said:

Hmmm I thought some more about this and - sorry - maybe neither laws apply after all, because both depend on you having formed a contract with the trader.  You didn't. They just say you did!

Thanks. Yes, I found that too, although I did find provision within the CPA that I felt added at least a little extra support to my case (although not under the contract-forming provisions in it). Regardless, I suspect this will now go to settlement anyway, so let's see how DCB respond. Thank you to you and all the other Forumites for your excellent help and suggestions. I will keep you updated.

Coupon-mad

Settlement? You won't be paying anything.

stevebanjo

No, I am awaiting their settlement offer (on my counterclaim, and to drop their claim), as they haven't got a leg to stand on. I've now discovered they didn't even call the police to check the crime reference number I gave them 4 times in my various appeals before they started county court proceedings.