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PostPosted: Tue Jun 22, 2010 11:06 pm 
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Site Admin

Joined: Tue Jun 09, 2009 7:54 pm
Posts: 6891
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Trfletch,

Please find below the answers to your questions:-

trfletch wrote:
A) Would you like to use the free small claims mediation service provided by Her Majesty's Courts Service, to helo you settle your claim with the other party? Yes or No (I assume No??)


Correct the answer is no.

trfletch wrote:
B) This is about transfering to a different court which I don't need to do


No problems.

trfletch wrote:
C) Do you agree that the small claims track is the most suitable track for this claim? Yes or No (I assume Yes??)


Correct, the answer is yes.

trfletch wrote:
D) So far as you know at this stage, how many witnesses (other than yourself) do you intend to call to give evidence at the hearing? (I assume the answer is 0)


Correct, then answer is none.

trfletch wrote:
Experts
E) Do you want permission to use an experts report at the hearing? Yes or No (I assume Yes??)


Correct, the answer is yes.

trfletch wrote:
If Yes, what will the expert's evidence deal with? (not sure what I write in this box)


The engineers report details the testing of my laptop and concludes that it is inherently defective and was so at the time of sale.

trfletch wrote:
Have you already obtained an expert's report? Yes or No (I assume Yes??)


Correct, the answer is yes

trfletch wrote:
If Yes, have you given a copy of that report to the other party? Yes or No (again I assume Yes if they are talking about the engineers report)


Correct, they are talking about the engineers report and so the answer is yes.

trfletch wrote:
In addition to using an experts report do you want your expert to attend the hearing and give evidence? Yes or No (I assume No??)


Correct, the answer is no

trfletch wrote:
If Yes, give reasons why you think their attendance is necessary (I guess this will be left blank if my previous answer is No)


This is not applicable to you.

trfletch wrote:
The court may order the appointment of a single expert who can be instructed by both parties. If you think this would not be appropriate, please say why (I assume I leave this blank)


Correct, please leave blank.

trfletch wrote:
Other Information
G) In the space below, set out any other information you consider will help the judge to manage or clarify the claim, including any other information you consider should be supplied by the other party (Not sure what I need to put in this box if anything, any help would be appreciated?)


I would put something like the following:-

Lapcure wrote:
I purchased my laptop on <enter date purchased> from <enter retailers name>. On <enter date failed> my laptop failed due to an inherently defective Nvidia GPU. I researched the problem and found that his issue is affecting thousands of laptops worldwide and is a known fault.

I have obtained an engineers report, of which <enter retailers name> has a copy, which confirms the defect in my laptop.

I sent a letter to <enter retailer name> requesting a refund/replacement and that they comply with the Sales of Goods Act but to date have not had a favourable response.

Having exhausted all other means possible I am now forced into this action. I am claiming the cost of the laptop, engineers report and other costs totaling £<enter costs>

I also claim interest under Section 69 of the County Courts Act 1984 at the rate of 8% a year from <enter date failed> to <enter date claim filed> of £<enter interest> and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £ <enter daily rate>


trfletch wrote:
Fee
H) Have you attached the fee for filing this allocation questionnaire? An allocation fee is payable if your claim or counterclaim exceeds £1500. Additional fees will be payable at further stages of the court process. Yes or No (not sure what to for this but my claim does not exceed £1500 so I assume No?)


Correct, as it is below £1500 the answer is no.

I hope the above helps. If you have any questions or if you need any advice then please let me know.

Good luck and best wishes

Paul
The Admin Team

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PostPosted: Mon Jul 26, 2010 12:54 pm 
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Joined: Sun May 16, 2010 9:41 am
Posts: 20
Model: HP DV2799
Graphics Card: 7600 GO
Purchased From: Website Sale
Amount Paid: 869
Date Purchased: 01 Apr 2008
Date Failed: 01 Apr 2010
Hi all,

I posted my questionnaire off about a month ago now using the help lapcure (thanks Paul) provided in the previous post and I am yet to hear anything back. I assume these things can take some time. One question I have is that I really do need to get another laptop because the one I am currently using is fairly old and really is a pain to work with. Should I go out and buy another laptop with the assumption that I am going to get the money back eventually through my claim or is it possible that they may still offer me a replacement laptop or even that the courts may say that I am entitled to a replacement laptop? Or it it now at the stage that the only thing I am going to get is money therefore I can go and purchase a new laptop without having to worry?


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PostPosted: Mon Jul 26, 2010 2:57 pm 
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Joined: Mon Sep 28, 2009 3:16 pm
Posts: 421
Laptop Make: HP
Model: G6000
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 399
Date Purchased: 01 Mar 2007
Date Failed: 25 Sep 2009
trfletch wrote:
I posted my questionnaire off about a month ago now using the help lapcure (thanks Paul) provided in the previous post and I am yet to hear anything back. I assume these things can take some time.


Unfortunately yes. Some courts have been struggling to keep their work on target for a number of months. Now that we're into the holiday period it's likely to get worse. :(

It may be worth giving your local court a ring to see what their current work state is - they should be able to give you a rough idea of when you can expect to hear from them.

trfletch wrote:
...is it possible that they may still offer me a replacement laptop or even that the courts may say that I am entitled to a replacement laptop?

The court would not normally order anything other than a monetary amount although it depends on the judge on the day. There is however still a chance that you might still get a settlement offer of a replacement.

At the end of the day I would probably go out & buy one - the argument being that you were attempting to 'mitigate your losses'.

_________________
Please note: I am not legally qualified and therefore any postings I make are just my own personal opinion based on my experience of working for a number of years at a busy County Court.


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PostPosted: Mon Sep 27, 2010 9:09 pm 
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Joined: Sun May 16, 2010 9:41 am
Posts: 20
Model: HP DV2799
Graphics Card: 7600 GO
Purchased From: Website Sale
Amount Paid: 869
Date Purchased: 01 Apr 2008
Date Failed: 01 Apr 2010
Hi all,

I back again, heard from the courts and I have a court date set of 22nd November. On the letter that I have received point 4 reads:

"Parties do file and serve witness statements and documents upon which they intend to rely at trial 14 days before the hearing."

What is it that I need to send to the courts?


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