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Hi, this is Jim, thank you for the question - I will resolve this for you.
Sorry to hear of the issue. The CCJ has been set aside and the defence has now been served. The next stage is the court to list directions for the claim. Whether you succeed in recovering the deposit depends if the company had completed or started the technical survey. I am not sure whether they did this or not from reading your question. Your question says that they allege you signed off the document for production. If they had started the survey or completed it, you should be due your deposit back minus the 7%. If the survey was completed AND the products signed off, then their terms say you are liable to pay the full contract value. If what you are saying is that you signed off the products (they are bespoke) then they may have a valid defence to this action, under contract law. As the products are bespoke there is no cooling off period either. I fear that the defence may have merit here and they are entitled to keep the money paid. The only time you could realistically sue them is if their work was not carried out with care and skill, or if they misrepresented the contact in some way (i.e. misled you).
I hope this helps and answers the question - please feel free to ask me anything else.
Have a good day,Jim
OK, if they told you they were certain planning permission would be obtained, they made a false representation to you - which you relied on, and as such you have a case against them. They are the experts in this area so I would have thought the court would be sympathetic to your situation
Hi there, not as such, no - the catch-all law is the Consumer Rights Act 2015 whereby the window company must carry out their service with "reasonable care and skill". And in contract law, they cannot misrepresent the situation either - they should never have said you would get planning permission - the fact they said that induced you to sign and therefore commit yourself to the order. I see no problem with your claim. I realise they have filed a defence though the above should be brought to their attention - hopefully they will settle the claim. If not then you will need to go though the court process - the court will list directions shortly. I can help you further if required. To answer your further question, if the goods are not fit for purpose the Consumer Rights Act 2015 allows you to claim a refund - you have strong statutory rights under the above law.
Yes, I am sure the CRA 2015 applies, as you are a consumer. This is why the law was introduced: to give you strong rights. You can ask Trading Standards on 0808(###) ###-####if you need confirmation. There is no 14 day cooling off period like I said earlier - because these as bespoke products. Your only claim is that they told you that you would get planning permission in y view - which was a false statement and therefore misrepresentation applies.
Thanks for the kind words - I realise it's stressful. Just take away from this that the law protects you in this situation. Yes, there is a defence but one is required (or they are taken to admit the claim in full) - they may still settle. If you go back to them and reiterate the fact they told you that planning permission would not be an issue, or words to that effect - and as a consumer, you took their word for it (they hold themselves out as experts) - so by rights you should not be penalised by having to forego the money which you paid to them. I am free most days including weekends so if you have further questions or concerns, feel free to get in contact. Have a good weekend, Jim
Hi, thanks for that - they missed the deadline by a week so are out of time and they need to apply to the court for relief from sanction. You should write to the court to say the defendant filed the defence out of time and ask the court to grant you judgment by default. You can send the attached form to the court by post and email.
Yes, service by email is not permitted unless you agree to that. I would go with the request for default judgment and a covering letter to the court to explain the situation. And if you copy in the other side to your letter.
Hi, you do not need to reply to the defence unless there is a counter claim in it. You can put that in the letter, yes. So it's only if there is a counter claim being made against you that you would need to file a "reply to defence and counter claim". If it's simply a defence then no need to respond to it - the next step is the court sends you the directions questionnaire in the post, assuming the court lets the defence stand.
Right, OK, you would need to address each allegation in their counter claim, I have attached a template for you to use. The reply to defence and counter claim should be filed along with the directions questionnaire under rule 15.8: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part15#15.8
Though you should file the reply to defence and counter claim within 14 days of service of the counter claim - it sounds like you have been given a date to do this, being Wednesday this week, 21st October. You should do the reply to defence and counter claim as soon as possible, then post it today ideally (or tomorrow at the latest).
Just to be clear, if there was no counter claim, the "reply to defence" would be filed at the same time as the directions questionnaire. As there is a counter claim, it is as if they have sued you, so you need to file the reply to defence and counter claim within 14 days (from the date of their counter claim). If you do not do so on time, they can request judgment by default for the counter claim sum, then it is payable within 14 days, so it's vital you do the reply to defence and counter claim as soon as possible. I know there is an issue with their defence and so on but until it is struck out then it is still valid.
Hi there, you can rely upon the Consumer Rights Act 2015 - the service must be carried out with reasonable care and skill, the materials used also need to be fit for purpose - and not only that, if they tell you something such as "you will get planning permission" and you rely upon that statement - which turns out to be untrue, you have a case in breach of contract too. An unfair term seeks to limit your consumer rights to their advantage.So there is a statutory right (CRA 2015), and a contractual issue too, which is the basis of your claim. You could quote this in the reply to the counter claim and deny the full counter claim sum.
Hi, this being a civil claim, the court will only consider civil law and breaches of contract / breach of consumer rights. It's only if a party lies in court or in court documents that a civil court judge has the remit to impose a criminal sanction such as prison. You would need to ask a criminal lawyer on this site about the CPS as I am not sure about that particular question. There are a few criminal lawyers on the site so you could ask about any overlap between civil and criminal liability.