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PostPosted: Fri Jan 17, 2014 11:02 am 
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Joined: Mon Dec 30, 2013 2:08 pm
Posts: 4
Model: Samsung R700
Graphics Card: 8400M GS
Purchased From: Website Sale
Amount Paid: 635
Date Purchased: 29 Jul 2008
Date Failed: 01 Jul 2012
Hi,

I have started legal proceedings against BuyitDirect, and have received an N180 Form to fill in, called Directions questionnaire (Small Claims Track).

This form asks if there is any Expert eveidence that I wish to present, or any Witnesses.

Can someone please advise what I should put here?

Thanks,

G


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PostPosted: Fri Jan 17, 2014 5:16 pm 
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Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello G and welcome to my forum.

You have stated that you have filed a Small Claims Action against BuyitDirect; have you submitted any evidence to them which corroborates the fact that your laptop is indeed inherently defective?

If you have obtained an engineers report on your laptop then you would state this fact on the form.

Please let me know and I will advise further.

Best wishes

Paul
The Admin Team

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PostPosted: Sat Jan 18, 2014 9:47 am 
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Joined: Mon Dec 30, 2013 2:08 pm
Posts: 4
Model: Samsung R700
Graphics Card: 8400M GS
Purchased From: Website Sale
Amount Paid: 635
Date Purchased: 29 Jul 2008
Date Failed: 01 Jul 2012
Hi Paul,

I do have an Engineers Report from yourself last year. Is this all I need to put on the form?

Thanks,

Graham


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PostPosted: Sat Jan 18, 2014 12:41 pm 
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Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Graham,

Yes, that is all that you need to put on the form.

I cannot believe that they are going to try and defend your claim.

Have they provided a copy of their defence yet?

Please let me know.

Best wishes

Paul
The Admin Team

_________________
=======================================================
Calculate the minimum refund that you would be entitled to.
FAQ's
Why you should not accept a repair
Links to evidence
What is the Nvidia Defect?
Step by step help to getting a refund
Do you need an engineers report?
=======================================================


If you like what you see on this forum and would like to help then please post links to this forum in other forums or blogs. The more people we can help the better.


Please note that I am not legally qualified and I only offer my own personal advice. You are advised to seek professional legal advice for formal clarification of advice I give.


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PostPosted: Mon Jan 20, 2014 10:29 am 
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Joined: Mon Dec 30, 2013 2:08 pm
Posts: 4
Model: Samsung R700
Graphics Card: 8400M GS
Purchased From: Website Sale
Amount Paid: 635
Date Purchased: 29 Jul 2008
Date Failed: 01 Jul 2012
Hi Paul,

In their defence, they have stated that I did not contact them after 09/10/2012, when in fact, after sending my laptop to them on 26/08/2012, I contacted them on 09/10/2012 asking for an update on my case. As you could guess, based on many other peoples dealings with BuyitDirect, they took my mobile number and never called me back!

Unfortunately I have had a very busy year at work and haven't got round to acting on this until now. And their first offer has been the amount owed to me based on the life of the laptop, not including the Engineers Report! I have replied claiming all that is owed to me, including interest, I'm looking forward to see what they come back with.

Thanks,

Gragam


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PostPosted: Tue Jan 21, 2014 12:12 am 
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Joined: Thu Jan 09, 2014 5:46 pm
Posts: 3
Laptop Make: Alienware
Model: M17x R3
Purchased From: Direct From Manufacturer
Amount Paid: 1038
Date Purchased: 01 Nov 2012
Date Failed: 08 Jan 2014
Hi,

I read Nick Freeman the loophole lawyer's book, http://www.amazon.co.uk/Art-Loophole-Making-Law-Work/dp/1444734083/ref=sr_1_1?s=books&ie=UTF8&qid=1390260658&sr=1-1&keywords=nick+freeman. I thought it was a a good read and I would recommend it. It's actually not about magic loopholes, it's about knowing the law.

One of his favourite tricks is getting people off by showing that it hasn't been adequately proved that they were the person who the legal action is about. Given this, is it worth including the original receipt, credit card statement and contract of sale in the evidence in case they try to claim that this isn't the machine they sold, that you weren't the purchaser or that the deal was made in whatever country they work from so the law doesn't apply?

A point made in the book was that a court is only allowed to consider evidence they are actually shown. It seems logical that for someone to prove that a retailer is liable that the evidence would need to include proof that the machine was purchased from them, the date of the purchase and that the person making the claim is the purchaser.

Just thinking what I would do if I wanted to play dirty and try to weasel out of liability.

Bests,
Papa.


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PostPosted: Tue Jan 21, 2014 12:20 pm 
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Joined: Mon Dec 30, 2013 2:08 pm
Posts: 4
Model: Samsung R700
Graphics Card: 8400M GS
Purchased From: Website Sale
Amount Paid: 635
Date Purchased: 29 Jul 2008
Date Failed: 01 Jul 2012
Hi Paul,

I thought I had responded to this, but must have Shut down before replying!

They claim that I have not contacted them after discussions with them on 09/10/2012, when in fact, I called them asking for an update on 09/10/2012 and they never called me back!

I have responded to their letter offering only the amount calculated on the use of the laptop, telling them that I expect them to pay for the laptop, engineers report, court fee and interest.

We'll see what they respond with.

Thanks,

Graham


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