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Thread: Received a court claim for non Cancellation of services.

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  1. #26
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    Default Re: Received a court claim for non Cancellation of services.

    Quote Originally Posted by des8 View Post
    Thanks for the pointer @pt2537.
    I initially considered unfair terms as per CRA 2015, but the actual claim here is for payment of a service that was not given.

    If they change their claim to damages for cancellation of the contract, the op could then rely on the 2013 regulations

    Are we (am I) going the wrong way?
    Well the thing is, and i cannot express any view having not considered the facts of this case fully yet, but if the distance selling regs apply, then it may well kill the claim dead if the supplier hasnt complied with the regs.

    If thats the case, it may prove an easier route to killing this claim
    I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.


    You can also follow my blog on consumer credit here.


  2. #27
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    Default Re: Received a court claim for non Cancellation of services.

    https://www.taylorwessing.com/filead...tions-2013.pdf

    The above link may well explain the difficulties the trader faces, as it seems to me they may well have missed the cancellation form / rights information that they should have given to the consumer
    I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.


    You can also follow my blog on consumer credit here.


  3. #28
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    Default Re: Received a court claim for non Cancellation of services.

    After advice from PT (thanks!) I would suggest amending defence as below.
    If others disagree or would amend differently, please jump in, but remember defence has to be filed tomorrow (I think)

    After 1) replace with:

    2) The Defendant admits to requesting in a telephone call on dd/mm/yy 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.

    4) The Defendant cancelled the contract on dd/mm/yy

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

    6) 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 this xx day of mm yyyysigned:Olivia Bowie

    OLIVIA BOWIE

  4. #29
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    Default Re: Received a court claim for non Cancellation of services.

    Quote Originally Posted by pt2537 View Post
    https://www.taylorwessing.com/filead...tions-2013.pdf

    The above link may well explain the difficulties the trader faces, as it seems to me they may well have missed the cancellation form / rights information that they should have given to the consumer
    I think you are probably right there PT
    I am a solicitor who specializes in consumer credit and my firm is Joanna Connolly Solicitors. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide 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

  5. #30
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    Default Re: Received a court claim for non Cancellation of services.

    Quote Originally Posted by Joanna C View Post
    I think you are probably right there PT
    Cheers Jo, its often overlooked by traders a bit like the 10A OFT statement in Default notices and a very dangerous thing to overlook
    I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.


    You can also follow my blog on consumer credit here.


  6. #31
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    Default Re: Received a court claim for non Cancellation of services.

    Quote 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 specializes in consumer credit and my firm is Joanna Connolly Solicitors. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide 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

  7. #32
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    Default 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?



  8. #33
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    Default Re: Received a court claim for non Cancellation of services.

    I'll leave it to others to comment!

  9. #34
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    Default 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

  10. #35
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    Default Re: Received a court claim for non Cancellation of services.

    Quote 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,....."

  11. #36
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    Default Re: Received a court claim for non Cancellation of services.

    Quote 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

  12. #37
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    Default Re: Received a court claim for non Cancellation of services.

    Quote 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

  13. #38
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    Default Re: Received a court claim for non Cancellation of services.

    Quote 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)

    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

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