Sale of goods, contracts etc

[Jake]

I didn't mean that, I should've snipped the 'in all honesty etc bit'. I was just interested and a little surprised that you believed it was so meaningless.

The best evidence is very often documentary evidence where people recorded things in writing at the time, as it removes quite a lot of the self-servingness which creeps in (inevitably to some degree) as things turn into disputes - especially when us lot get our grubby fingers on things.

 

[Tom K]

Yeah, file a claim against them. I have taken several banks to court and it is great fun watching huge companies squirm. :lol:

Slim, did the banks have "Lawyers" ? In which case were they not right ?

You say I just disagree with what ever is written in this thread I say.

Didn't..NOT.. :lol:

Kind Regards Tom

 

[Slim]

Slim, did the banks have "Lawyers" ? In which case were they not right ?

Yes that is true, but they were employed more to try and put me off my claims rather than to defend them. They never had any intentions of turning up to the hearings, and none of them ever did. They all settled before hand.

I would expect B&Q to do exactly the same. Their legal department will know that they don't stand a chance in court.

Jake is not employed by either side, so I'm sure you can take his advice as accurate.

 

[Tom K]

Jake I didn't suggest that anyone should lie in court or anywhere else.

This is all based on Tommo's "B&Q lie completely in court" defence, which I think is unlikely, and really rather offensive to B&Q, its staff, and its lawyers.

You believe it to be an extremely simple cut and dried case if the Judge is a keen ameteur woodworker you may get him to grasp the difference between the two items but they are far more likely to base a judgement on specification i.e 2000W 1/2" collet etc and price.

Regards Tom

 

[Tom K]

Slim, I have no idea what Jakes qualifications are. You are telling me I must take at word a "Lawyer" posting his view on an internet forum.
He may be a Q.C or a top flight solicitor he may be a conveyancer I don't
know but in any case there are always two sides to any debate and qualifications don't make you right!

Regards Tom

 

[Slim]

Tom, as I said, you think what you want. Do you question the credibility of a woodworker when they give you advice in this forum?

He may be a Q.C or a top flight solicitor he may be a conveyancer I don't know

If this is the cause of your scepticism, why haven't you asked him?

 

[Jake]

Woteva, Tommo.

You carry on.

 

[Jake]

if the Judge is a keen ameteur woodworker you may get him to grasp the difference between the two items but they are far more likely to base a judgement on specification i.e 2000W 1/2" collet etc and price.

I do wonder where you get your misplaced confidence in such statements from, as it certainly isn't from any experience of reality.

We are right back to Volvo or Saab, both have a two litre engine and electric windows, guv.

 

[Tom K]

Jake, not a Q.C then?

Regards Tom

 

[Jake]

No-one's asked me yet, but no, I'm a solicitor, not a barrister.

 

[Tom K]

Jake, I live very much in the real world the car analogy is rather silly.

Regards Tom

 

[RogerS]

Jake, not a Q.C then?

Regards Tom

Maybe...maybe not..but much better than any barrack-roomn lawyer IMO

 

[Jake]

Jake, I live very much in the real world the car analogy is rather silly.

Regards Tom

I'm afraid that it is bang on point, so if they seem silly, it is because what you are saying is silly.

 

[Tom K]

Hello Roger, started proceeding yet or too busy at the cottage?

Regards Tom

 

[Tom K]

Jake, they aren't bang on the point . Buying a car is a far more detailed purchase and the the differences are far more likely to be understood by a Judge. To most people you may as well be talking about toasters.

Regards Tom

 

[Jake]

It is a branded item, Tommo, with a model number and everything.

 

[Jake]

And you do judges a massive, massive disservice if you think they aren't bright enough to take this sort of very elementary stuff on board.

 

[Tom K]

Jake its also made in Taiwan and finished in a garish orange colour.
Last time I looked my toaster was branded too.

Regards Tom

 

[Jake]

That's very interesting, Tommo. Do you accept that a judge might then be able to distinguish between your toaster and a different kind of toaster, even if he/she wasn't a keen toastmaker?

 

[Tom K]

Jake, only between the number of slots and power output.

Regards Tom