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The lists below do not cover all eventualities

We know that litigation can be very stressful and everyone who works at Affordable Law for You wants to make the process easier for you. Here are some tips for things you can do to ensure you have the necessary information to provide you with the best opportunity of being successful, should your claim proceed to trial. If you provide us with this information when you instruct us we can deal with your instructions more efficiently.

When instructing us to prepare proceedings or prepare a defence, please provide us with the following:

Status of the claim

If any action has already been taken, what stage has it reached?

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  • Have you entered into an oral or written contract?
  • Do you have details of anyone who witnessed the oral agreement?
  • If you entered into an oral contract, write down the terms and conditions of the agreement made.
  • If you have received or made any payments have you retained receipts etc?
  • Do you have details of anyone who witnessed the oral agreement?
  • Do you have copies of any correspondence requesting the return of the monies in the event of
    breach of the agreement?

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Circumstances about your injury

Please tell us everything you can, in detail if possible, including basic information

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  • Your full name, address and date of birth.
  • Full details of the incident and, if you can, the full address of the other party involved. If you do not have the full address, please do not worry as we will deal with this for you.
  • Don't forget to obtain the details of any witnesses you may have to the incident.
  • If you have suffered a personal injury, do take photographs of the injury and make a note of the hospital that you attended and the date that you attended.
  • Make a note of any time you had off work. If you are self employed remember to keep a note of any work you were unable to do as a result of this incident.
  • If you damage items of clothing, equipment etc, keep the damaged items and take photographs of the them.
  • Do try to find the receipts in respect of damaged items, If you have no proof of payment you
    can provide a photograph of the damaged item with details of the current price supported by
    details from a catalogue etc.

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Enforcing your consumer rights

To whom do you wish to assert a claim against?

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  • Your full name, address and date of birth.
  • Details of the retailer or manufacturer from whom you purchased the item.
  • Do you have a receipt or a copy of the agreement for the purchase of the goods or services?
  • Were you under 18 when you entered the agreement?
  • Have you taken a photograph of the damage (if visible)?
  • Have you made a detailed note of why the items or service is not of satisfactory quality?
  • Have you made a note of the full details of the incident and do you have the address of any other party involved. If you do not have the full address please do not worry as we will deal with this for you.
  • Don't forget to obtain the details of any witnesses you may have to the incident.
  • If you have suffered a personal injury, do take photographs of the injury and make a note of the hospital that you attended and the date that you attended.
  • Make a note of any time you had off work. If you are self employed remember to keep a note of any work you were unable to do as a result of this incident.
  • If you damaged items of clothing, equipment etc, make sure that you keep the damaged items
    and take photographs of the them.

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What has breached the agreement?

The definition of the agreement is as follows:

An association between two individuals arising from an agreement by which one individual occupies the other's real property with permission, subject to a rental fee.

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  • Your full name, address and date of birth.
  • Have you a copy of your original tenants agreement/lease?
  • Do you have an up to date rent book, receipts, or bank statements which indicate the regular payments you have made? If the property is defective, do you have photographs of the defects?
  • Have you made a note of dates and times that you telephoned the Landlord about the defects and have you retained copies of any correspondence?
  • Have you made a note of dates and times that you telephoned/contacted the tenant re: non payment of rent, etc?
  • If this matter deals with the law of succession, are you a family member?
  • Do you have evidence that you have been living at the premises for more than a year?
  • Can you confirm in what capacity you were living at the premises e.g. as a carer?

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Enforcing the Judgment

If you have won your case and obtained a judgment, what next?

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  • Do you know where the Defendant works?
  • Do you know if the Defendant owns a property?

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