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Small claims, Claimant or not?
Foxy01
post Thu, 21 May 2020 - 17:33
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Hi I'm looking for some informed opinion. I'm currently bringing a claim against a retailer. The defendant has stated that they did not contract with me and as such I do not have standing to bring a claim. They say that the contract was with a 3rd party (my partner who is an employee of a subsidiary company) and I was merely acting as an agent. The only evidence they provide of this is hearsay. The invoices provided (none were provided at time of sale) cloud the issue further by naming an employee of the retailer. So my question would be should I:

1, Carry on as I feel there is enough evidence that I did contract with them, and they don't seem to have evidence to back their assertion that I didn't.

2, Get a witness statement from my partner stating that they were not party to the contract and so I was not acting as agent.

3, Join my partner as a claimant to the claim

I look forward to your responses.
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post Thu, 21 May 2020 - 17:33
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cp8759
post Sat, 12 Sep 2020 - 11:56
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QUOTE (Foxy01 @ Sat, 12 Sep 2020 - 12:35) *
The items are 'Turbo's' the defendant suggested that a judge would struggle with the technical arguments over whether they are faulty. I assumed this is an attempt to introduce a route to a large cost claim should I fail.

Car turbo's? Did the defendant make any written submissions you can post up?


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Foxy01
post Sat, 12 Sep 2020 - 12:21
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QUOTE (cp8759 @ Sat, 12 Sep 2020 - 12:56) *
QUOTE (Foxy01 @ Sat, 12 Sep 2020 - 12:35) *
The items are 'Turbo's' the defendant suggested that a judge would struggle with the technical arguments over whether they are faulty. I assumed this is an attempt to introduce a route to a large cost claim should I fail.

Car turbo's? Did the defendant make any written submissions you can post up?

Yes. The only submission so far is their initial defence. The preliminary hearing was by phone. The court has given them leave to amend the defence once I have added the claimant.


This post has been edited by Foxy01: Sat, 12 Sep 2020 - 12:22
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Foxy01
post Wed, 13 Jan 2021 - 11:19
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To bring a conclusion to this thread: The defendant did not submit an amended defence nor did they make any further contact regarding experts. I submitted a request for a default judgement however the judge that looked at it decided there were no sanctions attached to the outcome of the first hearing. The claim was then allocated a hearing date. On the day the court fee was due the defendant contacted me to make a 'without prejudice' offer. After a bit of negotiation a settlement was agreed and the claim discontinued.
Thank you to all who helped in this matter, especially CP8759.
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The Rookie
post Wed, 13 Jan 2021 - 15:10
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Well done.


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