Belmont Thornton Court Order

[jlione]

Re: Belmont Thornton Court Order

I did submit a defence but now have a letter asking if I would like to take to mediation or continue with them taking me to small claims court

[Amethyst]

Re: Belmont Thornton Court Order

Okay that is normal, it means your defence has been received by the Claimants and they have said they wish to proceed. Was the letter from the court with a N180 form or was this a letter from BT?

When you do get the N180 form I would tick yes to mediation - it will basically mean a phone chat between you and a mediator, and then them and the mediator, and will pass messages back and forth until you come to an agreement or reach a stalemate.

You may need to amend your defence further along the line but you might be okay just backing it up with a witness statement submission around 14 days before the court date.


Defence should contain reference to the terms of the contract not including anything clear about the contract terminating when they informed you of the outcome of the claim. You believed it had terminated at that point hence taking it on yourself.

You should put a SAR in to Barclays? also to show if there was ANY communication between BT and Barclays on your behalf after they told you the claim had failed.

[jlione]

Re: Belmont Thornton Court Order

Okay that is normal, it means your defence has been received by the Claimants and they have said they wish to proceed. Was the letter from the court with a N180 form or was this a letter from BT?

When you do get the N180 form I would tick yes to mediation - it will basically mean a phone chat between you and a mediator, and then them and the mediator, and will pass messages back and forth until you come to an agreement or reach a stalemate.

You may need to amend your defence further along the line but you might be okay just backing it up with a witness statement submission around 14 days before the court date.


Defence should contain reference to the terms of the contract not including anything clear about the contract terminating when they informed you of the outcome of the claim. You believed it had terminated at that point hence taking it on yourself.

You should put a SAR in to Barclays? also to show if there was ANY communication between BT and Barclays on your behalf after they told you the claim had failed.

Great, thanks. The letter is indeed from the court, do you suggest I mediate a figure to pay them or mediate for them to drop the claim? Would mediation mean I would pay something?
also what is a sar?
Many thanks

[Amethyst]

Re: Belmont Thornton Court Order

What you mediate to is really up to you, if you feel very strongly you do not owe them this money then defend it, but be aware there could be a costs risks and the risk of a judgment against you if the court decides that their contract stands regardless of their failure to obtain the refund for you. Mediation should be without prejudice and is a free service by the court. However you're not quite there as yet and need to complete and return the N180, as do Belmont Thorntons need to complete and return theirs and pay the fee before mediation or any hearing is set.

Looking at the 'terms' on their site I can't see anything which states when the agreement naturally ends - the argument is that when they tell you they have failed to get you a refund and ceased working on your claim - you would be within your rights to believe that terminates the agreement. I can't read the terms on the agreement that you signed - can you read them on the original? and is there anything regarding termination in there other than the 14 days cancellation period?

A SAR is a Subject Access Request - this will get all personal info that the bank hold on you as you are entitled to under the Data Protection Act - there's details http://ico.org.uk/for_the_public/personal_information and it costs £10.

[jlione]

Re: Belmont Thornton Court Order

What you mediate to is really up to you, if you feel very strongly you do not owe them this money then defend it, but be aware there could be a costs risks and the risk of a judgment against you if the court decides that their contract stands regardless of their failure to obtain the refund for you. Mediation should be without prejudice and is a free service by the court. However you're not quite there as yet and need to complete and return the N180, as do Belmont Thorntons need to complete and return theirs and pay the fee before mediation or any hearing is set.

Looking at the 'terms' on their site I can't see anything which states when the agreement naturally ends - the argument is that when they tell you they have failed to get you a refund and ceased working on your claim - you would be within your rights to believe that terminates the agreement. I can't read the terms on the agreement that you signed - can you read them on the original? and is there anything regarding termination in there other than the 14 days cancellation period?

A SAR is a Subject Access Request - this will get all personal info that the bank hold on you as you are entitled to under the Data Protection Act - there's details http://ico.org.uk/for_the_public/personal_information and it costs £10.

No, sorry, no original, that was a photocopy of the original, I have requested the info from Barclycard ty, I shall ask for mediation and keep everything crossed. Appreciating all your great advice

[Amethyst]

Re: Belmont Thornton Court Order

Okay you should also be asking BT for a copy of the original signed agreement if you haven't already as that is what their claim is based upon and the copy you have in unreadable. The CCA isn't applicable here but you could request it under CPR 31.14 as they mention the agreement in the statement of case.it is likely they'd turn it down as you are in small claims but would be okay to ask and bring it up later if necessary.

[jlione]

Re: Belmont Thornton Court Order

Okay you should also be asking BT for a copy of the original signed agreement if you haven't already as that is what their claim is based upon and the copy you have in unreadable. The CCA isn't applicable here but you could request it under CPR 31.14 as they mention the agreement in the statement of case.it is likely they'd turn it down as you are in small claims but would be okay to ask and bring it up later if necessary.

The agreement I scanned across is in fact a copy they sent by request but I will ask again as it is unreadable
Thanks

[Libster]

Re: Belmont Thornton Court Order

Hi-very interested to hear what was your outcome with your case? We are in a very similar position with Belmont Thornton taking us to court...