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Received a court claim for non Cancellation of services.

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  • #31
    Re: Received a court claim for non Cancellation of services.

    Originally posted by pt2537 View Post
    Cheers Jo, its often overlooked by traders a bit like the 10A OFT statement in Default notices and a very dangerous thing to overlook
    Yes - in one of my case as you know LLoyds template default notices were found by the court for that period to be invalid
    I am a solicitor who specialises in consumer credit and my firm is Joanna Connolly Solicitors. A leading case of mine Carey v HSBC Bank plc [2009] EWHC 3417 (QB) (High Court) set the legal precedents for creditors compliance with section 77 & 78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email jo@joannaconnollysolicitors.co.uk. Our initial advice is always free.

    Any posts I make on Legal Beagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

    Comment


    • #32
      Re: Received a court claim for non Cancellation of services.

      First of all I just want to thank everybody here for helping me like this, I truly appreciate all the time you have taken to help me, it means so much.

      I have still not sent back the defence (I have until midnight) because I just wanted to post the final draft here for inspection :-D to get some feedback on it before I send it.

      1) I, the Defendant deny that I am liable to the Claimant as alleged in the Particulars of Claim, each and every allegation in the Particulars of Claim is denied.



      2) I, the Defendant admits to requesting in a telephone call in August 2016 that JG Pest Control (which I now understand is a trading name of the Claimant) to deal with a flea infestation problem.

      3)The Claimant failed to comply with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 in that he did not supply confirmation of the contract on paper or in durable form.

      4)The Claimant failed to supply the information referred to in Schedule 2 and Schedule 3 of the Act,and in particular information about the right to cancel.

      5) I, The Defendant cancelled the booking for the chemical flea treatment in August 2016



      6) I, The Defendant denies any Flea Chemical Treatment was ever undertaken by the Claimant at the premises as claimed.

      7) It is denied that the Claimant is entitled to the amounts claimed or any interest on such amounts.


      Statement of Truth:

      I believe that the facts stated in this defence are true.

      Dated 15/January/2017..

      My name.

      Is that ok?


      Comment


      • #33
        Re: Received a court claim for non Cancellation of services.

        I'll leave it to others to comment!:tinysmile_twink_t2:

        Comment


        • #34
          Re: Received a court claim for non Cancellation of services.

          If it were me I'd also include that para 19 in their own published T&C's (Discussed in earlier posts).
          & download or screenprint it for reference.
          CAVEAT LECTOR

          This is only my opinion - "
          Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb

          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.

          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #35
            Re: Received a court claim for non Cancellation of services.

            Originally posted by charitynjw View Post
            If it were me I'd also include that para 19 in their own published T&C's (Discussed in earlier posts).
            & download or screenprint it for reference.
            But those T&Cs only apply to contracts entered into on their premises.
            See para 22," We intend that these Terms and Conditions apply only to a Contract entered into by you as aConsumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier'sbusiness premises,....."

            Comment


            • #36
              Re: Received a court claim for non Cancellation of services.

              Originally posted by des8 View Post
              But those T&Cs only apply to contracts entered into on their premises.
              See para 22," We intend that these Terms and Conditions apply only to a Contract entered into by you as aConsumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier'sbusiness premises,....."
              Am I reading that para 22 properly?
              If the contract is not made in the business premises in the physical presence of both parties, the customer has to inform them?
              CAVEAT LECTOR

              This is only my opinion - "
              Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb

              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.

              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #37
                Re: Received a court claim for non Cancellation of services.

                Originally posted by charitynjw View Post
                Am I reading that para 22 properly?
                If the contract is not made in the business premises in the physical presence of both parties, the customer has to inform them?
                To try and understand their T&Cs..... therein lies madness

                Comment


                • #38
                  Re: Received a court claim for non Cancellation of services.

                  Originally posted by des8 View Post
                  To try and understand their T&Cs..... therein lies madness
                  Lol!

                  I should be right at home there, then.
                  (They only allow me to use crayons in here)

                  :wacko:
                  CAVEAT LECTOR

                  This is only my opinion - "
                  Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb

                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.

                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #39
                    Re: Received a court claim for non Cancellation of services.

                    Hi Everyone.

                    I have been off here for a while. I filed my defence and about a week ago I received a "Notice of proposed allocation to the small claims track" it arrived along with a questionnaire "directions questionnaire (small claims track) " it says I must complete the questionnaire by february 3rd and file it with the court office. So I have foolishly not given myself much time here.

                    The first thing it mentions on the questionnaire is a settlement/mediation option, it asks whether or not I agree to it.

                    The other questions are "Do I agree that the small claims track is appropriate"

                    Which county court I would prefer the hearing to be at.

                    Am I asking the courts permision to use written evidence of an expert

                    how many witnesses including myself will give evidence on my behalf at the hearing

                    are there any days within the next 6 months when me, any experts, or witnesses will not be able to attend court.

                    I have absolutely no idea of what to do now, it's all a bit frightening to be honest. Should I opt for the mediation option perhaps?

                    Any advice would be very much appreciated. Thank you.

                    Comment


                    • #40
                      Re: Received a court claim for non Cancellation of services.

                      Originally posted by OliviaBowie View Post
                      Hi Everyone.

                      I have been off here for a while. I filed my defence and about a week ago I received a "Notice of proposed allocation to the small claims track" it arrived along with a questionnaire "directions questionnaire (small claims track) " it says I must complete the questionnaire by february 3rd and file it with the court office. So I have foolishly not given myself much time here.

                      The first thing it mentions on the questionnaire is a settlement/mediation option, it asks whether or not I agree to it.YES

                      The other questions are "Do I agree that the small claims track is appropriate"YES

                      Which county court I would prefer the hearing to be at.Your nearest local CC which is; xxx

                      Am I asking the courts permision to use written evidence of an expert NO

                      how many witnesses including myself will give evidence on my behalf at the hearing one (yourself only I assume)

                      are there any days within the next 6 months when me, any experts, or witnesses will not be able to attend court. Unless you know there are certain dates when you will not be availableyour answer will be NO

                      I have absolutely no idea of what to do now, it's all a bit frightening to be honest. Should I opt for the mediation option perhaps?

                      Any advice would be very much appreciated. Thank you.

                      Yes, it is a hit daunting, the first time anyway!
                      Mediation will be offered and is carried out by telephone.
                      You will not speak to the other party, and if agreement is made the terms will be confirmed in writing and are enforceable

                      You might find this guide informative:
                      https://www.judiciary.gov.uk/wp-cont...+web+FINAL.pdf

                      Comment


                      • #41
                        Re: Received a court claim for non Cancellation of services.

                        Des, that is fantastically helpful thank you.

                        I know it probably sounds ridiculous, but to me it is all so overwhelming and confusing. I am going to put it in the post tomorrow next day delivery.

                        And thank you for the link I will be reading through it this evening.

                        Comment


                        • #42
                          Re: Received a court claim for non Cancellation of services.

                          I posted it next day delivery, so they would have got it in time.

                          I suppose all i can do now is wait and see what happens.

                          Comment


                          • #43
                            Re: Received a court claim for non Cancellation of services.

                            Now to do until you receive the next set of papers, when of course you can come back here.
                            Because it is out of your normal experience, you will find it stressful as you don't quite know what to expect.
                            After it is over and you have won (must remain positive!) you'll realise it isn't too scary, and the greatest down is the amount of time spent on dealing with the matter!

                            Comment


                            • #44
                              Re: Received a court claim for non Cancellation of services.

                              Hi everyone

                              I am back. This has taken an unexpected turn.

                              Yesterday I receive a large envelope of paperwork from JG pest control. Included in it is a "job report" this has the name of the technician that they are claiming undertook the work in my home and it has a worksheet of things that this technician apparently did at my home. It says the the technician treated my whole house, and that he witnessed the infestation at home. This did not happen as nobody from JG pest control was ever at my home. So they are actually completely lying and making fraudulent documents now.

                              I rang the court today and found out that my court date is June 8th (They said that they had sent me notification of this a few weeks back but I didn't receive anything)

                              Any ideas on what I do at this point? Nobody was in my home and they have made a document to make it appear as though they have. They don't have my signature though as obviously nothing happened.

                              Do I have the right to request that the technician named on the document is present at court, because I would very much like to ask him to describe my house because he won't be able to do it. I've never met this person, so I would like to opportunity to confront him in court, but I am not sure if it works like this?

                              Also, I would like to file a counter claim. I didn't do this initially so is it now too late to do that?


                              Thanks everyone :-)

                              Comment


                              • #45
                                Re: Received a court claim for non Cancellation of services.

                                Are the court resending the documentation?

                                What are you wanting to counterclaim for?

                                Has the technician submitted his own witness statement?
                                I believe you can request he court issue a witness summons (form N20) but whether or not it is a good idea I couldn't say.
                                As it was nearly a year ago that the treatment was not carried out, he may well claim that as he sees so many properties he cannot recall the details of individual houses.

                                Comment

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                                If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


                                NOTE: If you receive a court claim note these dates in your calendar ...
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