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Sample Document M
IN THE BIRKENHEAD COUNTY COURT
BIRKENHEAD
Case No.
BETWEEN
Mr 1st Claimant
and
Mr 2nd Claimant
WITNESS STATEMENT OF FIRST CLAIMANT
- My full name is ……………… and I am the First Claimant in this action.
- In or around early March of 1996 myself and my wife, the second
Claimant in this action, decided to purchase some new furniture.
Having looked at furniture at several retail outlets I noted that there was
a purchase option with the Defendant which provided for 100%
cashback payment five years after the date of purchase.
- On or around the 10th March 2001 I attended at the Defendants the
Defendants retail premises. I discussed the cashback purchase option
with a sales representative and was advised by him that if the purchase
was made with this option then I would receive a full refund five years
after the date of purchase.
- After visiting the showroom in St. Helens I discussed the purchase with
my wife, the second Claimant, in particular the fact that the cashback
payment would be made in 2001. Our 25th wedding anniversary is in
2002 and this seemed a good way of making financial provision for any
anticipated commemoration of such a significant event.
- After considering the representations made by the Defendants
representative, on or about the 10th March 1996, I, along with the
second Claimant, entered into a contract for the purchase of furniture
namely a Balmoral three seater and two seater in leather for the cost of
£2,553.00.
- On entering into the agreement I signed a Order Number 41810 which
stipulated the terms of the agreement including the 100% cashback
offer.
- The furniture was subsequently delivered on or about the 11th April
1996. A despatch note was also delivered with the furniture which
was signed by my wife, the second Claimant. This despatch note also
confirms the 100% cashback.
- On or about the 20th April 1996 I received a letter from the Defendants
confirming the terms and conditions of the cashback offer and
enclosing a cashback cheque which was numbered 10546.
- On the 25th April 2001 I, and the second Claimant, wrote a letter to the
agents for the Defendant to comply with the terms and conditions of the
cashback offer. This letter was written within 30 days of the fifth
anniversary of the date of purchase and enclosed : -
- Evidence of registered post return of the perforated registration form;
- Original numbered cashback cheque;
- Original order form;
- Original despatch note;
- Original confirmation of full payment
- Original Confirmation from Defendant confirming delivery;
- Bank statement showing deposit;
- Bank statement showing payment of balance;
- Copies of proof of identity for myself and the second Claimant which were
passports and driving licences.
- I received a letter dated the 10th May 2001 from Extended Guarantees
Ltd who referred me to an address in New Jersey.
- Having considered the various purchase options available at various or
furnishing retail outlets I decided to purchase the furniture from the
Defendants in order to take advantage of the cashback option. To date
I have received no cashback payment notwithstanding the
representations made by the sales representative of the Defendant.
I, the Claimant, believe that the facts stated in this witness statement are true.
SIGNED …………………………………………… PRINT NAME
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