Consumer Case Examples & Precedents

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Consumer  |   Injunctions  |   Small Claims Court

 

These precedents should be read in conjunction with
Small Claims Court

 

Particulars of Claim for Dishonoured Cheque

Particulars of Claim for suing Seller & Credit Card Company

Particulars of Claim for Defective Goods

Particulars of Claim for goods Wrongfully Repossessed

Particulars of Claim for a Dishonoured Cheque

 

IN THE [TOWN]COUNTY COURTCASE No.
BETWEEN
 [IVOR PROBLEM]Claimant
 AND
 [JUSTIN TIME]Defendant
 PARTICULARS OF CLAIM 

1.

The Defendant drew a cheque on his account with Blankety Bank plc payable to the Claimant in the sum of £900.00.

2.

The Claimant presented the cheque for payment but it was dishonoured.

3.

By a letter dated 10th January 20...., the Claimant gave notice to the Defendant that the cheque had been dishonoured. The Defendant had stopped payment of the cheque which was marked "refer to drawer".

AND THE CLAIMANT CLAIMS

(1)

£900.00.

(2)

Interest pursuant to section 57(1) of the Bills of Exchange Act 1882 from the date of dishonour to the date hereof: ..........(see below)

(3)

Interest from the date hereof to the date of judgment or earlier payment.

Statement of Truth
I believe that the facts stated in these Particulars of Claim are true.

Dated this 26th day of April 20....

To the District Judge
and to the Defendant

 

SIGNED..........................[Claimant]

 

of [Address],

 

at which address he/she will accept service of proceedings.

Rate of Interest
You can claim any level of interest as long as it is reasonable.
However, the court can decide not to allow you interest or only to allow you part of the interest.

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Suggested Particulars of Claim for suing both a Credit Card company and the Seller where the goods were paid for using a Credit Card.

Particulars of Claim for suing Seller & Credit Card Company

 

IN THE [TOWN]COUNTY COURTCASE No.
BETWEEN
 [IVOR PROBLEM]Claimant
 AND
 [BLANKETY BANK PLC]1st Defendant
 AND
 [VIRUS SOFTWARE LTD.]2nd Defendant
 PARTICULARS OF CLAIM 

1.

At all material times the Claimant was the holder of a credit card called Blankety Card which was issued to the Claimant by the 1st Defendant under an agreement dated 22nd September 20.....

2.

On the 1st November 20.... the Claimant discussed buying from the 2nd Defendant a software package known as "Virus 96". The second Defendant told the Claimant that:

(a) The software package would gain him access to the Internet via his computer and

(b) Internet access would be free.

3.

The Claimant relied on the above statements and entered into an agreement to buy the software package at a cost of £500.00. It was a condition of sale that the software package would gain the Claimant access to the Internet and that the Internet access would be free. The agreement was dated 1st November 20.... No. 12345 made between the Claimant and the Second Defendant and signed at the Second Defendant's premises.

4.

As a result of a pre-existing arrangement between the 1st and 2nd Defendant, the 1st Defendant accepted the Claimant's Blankety Bank card in full payment for the software package.

5.

The representations made by the 2nd Defendant about the software package were false in that the Claimant could not gain access to the Internet using the software and the Claimant discovered that he would have to pay an additional cost of £10.00 per month for Internet access.

6.

Due to the misrepresentation and/or breach of contract, the Claimant has suffered loss and damage in the sum of £500.00 being the total price of the goods purchased.

7.

Pursuant to section 75(1) of the Consumer Credit Act 1974 the 1st Defendant is jointly and severally liable with the 2nd Defendant for the loss and damage.

The Claimant claims against the 1st and 2nd Defendants jointly and severally the following:-

1)

The price of £500.00, or alternatively

2)

Damages for misrepresentation and/or breach of contract.

3)

Interest in accordance with section 69 of the County Courts Act 1984.

4)

Costs.

Statement of Truth
I believe that the facts stated in these Particulars of Claim are true.

Dated this 26th day of April 20....

To the court and
to the 1st and 2nd
Defendants

 

SIGNED..........................[Claimant]

 

of [Address],

 

at which address he/she will accept service of proceedings.

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Particulars of Claim for Defective Goods

IN THE [TOWN]COUNTY COURTCASE No.
BETWEEN
 [IVOR PROBLEM]Claimant
 AND
 [DODGY CARS LIMITED]Defendant

 PARTICULARS OF CLAIM 

1.

On or around 22.09.20.... the Defendant agreed to sell and the Claimant agreed to buy a Ford Escort motor car registration number X100 ABC which was offered for sale by the Defendant in his capacity as a motor dealer.

2.

In the course of negotiations the Defendant represented that the car had:

a) Recently passed an M.O.T. 
b) Had a new engine fitted recently.

3.

The Claimant relied on these representations and entered into a written agreement with the Defendant dated 22.09.20.... No.6789 to buy the car at the cost of £1,500. The agreement was signed at the Defendant's premises.

4.

It was an express condition of the agreement that the car had passed an M.O.T. and had a newly fitted engine.

5.

It was also an implied condition of the agreement that the car would run and the Claimant would be able to operate the car.

6.

The representations were false and the Defendant was in breach of the express and implied conditions of the agreement in that:

a) The car had not passed an M.O.T. and the M.O.T. certificate had been falsified.

b) No new engine had been fitted.

c) Soon after the Claimant drove the car from the Defendant's showroom the car broke down and would not start.

7.

The Claimant is entitled to rescind the agreement because of the misrepresentations and breach of contract. and/or

8.

The Defendant has repudiated the agreement because of the breach of the express conditions and the Claimant has accepted the repudiation when he demanded the repayment of the sum of £1,500 on 22.09.20.....

9.

Alternatively, the Claimant has suffered Loss and Damage due to the misrepresentation and breach of contract.

AND THE CLAIMANT CLAIMS

1. The price of £1,500.
2. Alternatively damages for breach of contract / misrepresentation.
3. Interest in accordance with section 69 of the County Courts Act 1984.
4. Costs.

Statement of Truth
I believe that the facts stated in these Particulars of Claim are true.

Dated this 26th day of April 20....

To the court and
to the Defendant

 

SIGNED..........................[Claimant]

 

of [Address],

 

at which address he/she will accept service of proceedings.

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Particulars of Claim for goods Wrongfully Repossessed

 

IN THE [TOWN]COUNTY COURTCASE No.
BETWEEN
 [DAVE WIDGET]Claimant
 AND
 [DIGIT & Co]Defendant
 PARTICULARS OF CLAIM 

1.

Under a written hire purchase agreement dated 10th October 20.... No.XYZ between the Claimant and the Defendant, the Defendant let a Melon computer on hire purchase to the Claimant. The agreement was signed at the Defendant's premises.

2.

The cash price agreed was £1,500. A deposit of £200 was agreed. The total charge for credit was £300. The hire purchase balance made up of £1,300 and £300 was payable by equal instalments of £160 per month. The total purchase price was £1,800 of which one third is £600.

3.

The hire purchase agreement was an agreement to which the Consumer Credit Act 1974 applies and this claim is a Consumer Credit Act claim.

4.

The Claimant made six instalment payments in addition to the deposit paid. The total sums paid were therefore £1,160. The Melon computer is therefore a "protected good" under section 90 of the Consumer Credit Act 1974.

5.

On 3rd April 20.... the Defendant repossessed the Melon computer without the Claimant's consent or authority and in contravention of s.90 of the Consumer Credit Act 1974.

The Claimant therefore claims in accordance with s.91 of the Consumer Credit Act 1974:

a) A declaration that the hire purchase agreement is terminated as at 3/4/20.....

b) A declaration that the Claimant is released from any liability under the agreement.

c) The return of the sums of £1,160 paid by the Claimant.

d) Interest in accordance with s.69 of the County Courts Act 1984.

Statement of Truth
I believe that the facts stated in these Particulars of Claim are true.

Dated this 26th day of April 20....

To the court and
to the Defendant

 

SIGNED..........................[Claimant]

 

of [Address],

 

at which address he/she will accept service of proceedings.

 

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