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Sample Document D

IN THE BIRKENHEAD COUNTY COURT

Case No.                     

BETWEEN

JOSEPH BLOGGS          Claimant

and

A B C ELECTRICAL SUPPLIES LTD          Defendant


PARTICULARS OF CLAIM

  1. On the 1st September 2002, I, the Claimant purchased a Hotpoint Aquarius washing machine from the Defendant for the sum of £449.00

  2. The goods were delivered and installed to my address on the 7th September 2002.

  3. On the 8th September 2002, I used the machine for the first time. The machine began a wash cycle and after a short time water began pouting from the machine onto the floor.

  4. I immediately turned the machine off to stop the flooding of water.

  5. I telephoned the Defendant to advise of the problem. I was advised that an engineer would be sent out immediately.

  6. I waited in all day on the 8th September 2002 but no engineer arrived.

  7. I subsequently telephoned the Defendant several times on the 9th, 10th and 11th September and despite numerous promises I received no return call.

  8. On the 12th September I wrote to the Defendant rejecting the goods on the basis of a breach of contract, S14 of Sale of Goods Act 1979 (as amended) as the goods were clearly not of a satisfactory quality. I attach a copy of my letter marked ‘JB1’.

  9. I received no response from the Defendant. I wrote a further letter before action on the 19th September advising the Defendant of my intention to issue proceedings. I attach a copy of my letter marked ‘JB2’.

  10. I seek a full refund of the price paid for the goods, in the sum of £449.00. I attach a copy of my receipt marked ‘JB3’. I also claim the sum of £300 for the cost of repairing the laminate floor. I attach invoice in this regard marked ‘JB4’.
I, the Claimant, believe that the facts stated in these Particulars of Claim are true.

Signed ………………………………………………….. PRINT NAME

Dated…………………………………………………….

April 2003

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