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PostPosted: Thu Feb 18, 2010 10:26 pm 
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Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
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Hello,

If you are in the process of filing your small claims action against a retailer but don't know what to write in the particulars of claim box then this post is for you.

You need to get your particulars of claim down to 1080 characters (including spaces) and that includes the bit about claiming interest.

I have been asked to help on drafting something as it can be very difficult trying to condense what you want to say to less that 1080 characters.

I have therefore drafted up a template for you, all you need to do is to change a few points.

Quote:

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>



Please edit the following information to fit your case (please remove the < and > when editing)

Firstly enter the date you purchased the laptop.

Next enter the retailers name.

Next enter the date the laptop failed.

Next enter the retailers name.

Next enter the retailers name again.

Next is the costs. This is at the end of the line that says "Having exhausted all other...."

You should add the cost of the laptop, the report, an amount for your time researching the problem and any other costs that you have incurred and then enter that figure there.

The next bit to edit is in the paragraph that starts "I also claim interest under......"

Enter the date that you filled your claim online.

Next is the interest bit. Take the total amount you are claiming (for this example let' say it is £1,000)

You use the figure of 0.00022 to calculate interest.

So, using the figure of £1,000:-

0.00022 * £1,000 = 0.22p per day

You should just substitute the £1,000 for the amount you are claiming to get the daily amount.

Enter the daily amount figure where it says <enter daily rate>

Next, calculate the number of days from the date your laptops failed to the date you file your claim.

Multiply the number of days by the daily rate you calculated above.

Once you have that figure enter it above where it says <enter interest>

That's it. You can then copy and paste the above into your claim form.

I know it is short and brief, but at this stage that is all they want.

Once it gets to court, if it gets that far, you can put your case across more concisely.

There is a guide available for those taking out small claims action and that is here:-
http://www.adviceguide.org.uk/c_startin ... action.pdf

A full step by step guide to filing your claim online is available in this forum and that is here:- topic163.html

I hope this helps.

Best wishes

Paul
The Admin Team

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