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

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

    Hi everyone,

    I really need advice on how to deal with this.

    Back in the summer I had a flea infestation, I rang a pest control company and booked a chemical treatment, they quoted me £1000 roughly.

    Before the day he was due to arrive for the treatment, I solved the problem myself.

    During in the phone call to the company they told me I would receive an email confirming the booking, and with details of how to cancel if I needed to, I looked for that email hoping to cancel but they hadn't emailed me.

    I forgot all about it.

    I received a phone call on the day of the booking saying that they would be arriving in two hours, I had forgotten totally about it, and told him on the phone that I no longer needed the treatment, I apologised, and he said don't worry about it.

    Over the past few months I have been constantly bombarded by this company with voice mails, letters through the post, they've threatened to come to my home. I have been totally stressed about this, but to be honest I have buried my head in the sand. I have a disabled 4 year old Boy and I am always very busy with him that things can build up.

    Today I have received a court claim from them, they are charging me £298.80 as a cancellation fee. With the court costs added it comes to £323.80.

    The court address it is from is:

    County Court Bulk Centre
    St Katharines House
    21-27 St Katharines street
    NN1 2LH

    In the 'particulars of the claim' is says:

    Payment of invoice.........for Flea chemical treatment at (my postcode)
    the claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% a year from 08/08/2016 to 12/12/2016 on £298.80 and also interest at the same rate up to the date of judgement of earlier payment at a daily rate of £0.06

    So it the particulars it states I owe money for chemical treatment, I didn't receive any treatment.


    I really don't know how to handle this, or what to do next.

    Any advice would be great, thank you :-)

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

    Hi and welcome

    First thing is to acknowledge the form and indicate you will be defending the claim in full.
    This extends the time you have to organise your defence.

    Where did you obtain the name of the pest control firm?
    Was it from the internet?
    Did you ever see their terms and conditions ?
    What is the name of the firm?

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

    In all of the pestering, did they ever send you a proper "letter before action"?

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

    I did receive a letter saying that unless I responded soon, they would have to escalate.

    I found the company online, and being perfectly honest I didn't read any terms or conditions. The company is called JG Pest control. At no point did I sign anything.

    I will defend the claim today online, thank you for the advice :-)

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

    Their CANCELLATION and DEPOSIT POLICY (see below) would seem to be an unfair contract term under the Consumer Rights Act 2015.
    IMO their policy is unfair in three respects:
    1)it was not brought to your attention when booking via phone (a later email, which would probably be insufficient anyway as the booking had been taken, was not received) The cancellation term was not prominent
    2) Unbalanced rights ie the trader incurs no penalty if he cancels the contract, whilst the consumer is heavily penalised
    3)excessive cancellation fee ie if the consumer cancels , all the trader can claim for is administration costs, marketing and loss of profits.
    They quoted you "roughly £1000", want £298.80 for cancellation, but if they actually turn up for a call out that is not required they charge £95 +vat.
    Now that indicates they are charging you in excess of what is permitted

    Deposits are NON-REFUNDABLE.

    All cancellations incur a charge of 50% of the treatment price.

    Making an appointment over the phone or by email is a binding contract between the customer and JG Pest Control, in order to cancel you must do so by either email or over the phone with more than 24 hours’ notice. Last minute phone calls or emails will not be accepted and cancellation fee of the full amount of the job will apply.
    Please note our current minimum call out charge is £95+vat.
    If we arrive and you do not require our services, this includes if the problem is not a pest or it has been wrongly identified, this call out charge is payable.
    We understand that at last minute things can change and you may not be able to make the appointment, so we are happy to wave the cancellation charge providing the job is re-booked within 7 days (please note: this does not apply for free of charge follow-up visits. You will be charged cancellation for follow-up visits if we are notified of cancellation later than 24 hours before the booking).
    **Heat treatments and other deposit jobs with any remaining fees will be taken after treatment automatically unless agreed otherwise**

    These terms and conditions are binding and JG Pest Control will invoice cancellation fees if necessary. Failure to pay cancellation fees within 7 days will mean the debt will be passed to our debt recovery specialists, in this case, the third party recovery agents exercise the right to also recover their costs which will increase the charge significantly.
    Cancellation fees apply to the following:

    • No show by customer at visit date/time of technician.
    • Non-compliance with preparation list as supplied by company.
    • Customer cancellation.

    Making an appointment over the phone or by email is a binding contract between the customer and JG Pest Control, in order to cancel you must do so by either email or over the phone with more than 24 hours’ notice. Last minute phone calls or emails will not be accepted and cancellation fee of the full amount of the job will apply.
    Emergency jobs must be pre-paid in full or part paid if agreed. The full payment acts as a deposit and the full fee is therefore NON-REFUNDABLE in any case. (Note: Unless for unforeseen circumstances we are a fault for not attending in the allocated day).

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

    I hadn't noticed that.

    Does that mean they can only charge me £95?

  7. #7
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    Default Re: Received a court claim for non Cancellation of services.

    No,
    They have to justify any charge they make. which basically can realistically only cover admin and loss of profits.
    They will need to show that on a charge of approx £1000 their admin + profit would be £298.

    On the claim form they refer to an invoice.
    What was the wording on that invoice, as that may be te syarting point of your defence?

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

    Hi des8.

    Sorry, I didn't mean to disappear for weeks, it's been a very hectic few weeks. I hope you had a lovely christmas and new year.

    I am going to have to try and find that invoice, if I can't find it I wonder if I can ask them for a copy?

    I have sent back the acknowledgement of service, issuing that I intend to defend in full.

  9. #9
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    Default Re: Received a court claim for non Cancellation of services.

    Hi Olivia

    Your defence will need to be filed at court within 33 days of the claim issue date (28 days +5 allowed for 'deemed delivery' of the claim). The issue date is on the front of the N1 claim form.
    I'll give @des8 a nudge for you.
    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. #10
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    Default Re: Received a court claim for non Cancellation of services.

    Thanks Charity,
    I'm just about to go out, but will get back later this weekend.
    Feel free to chip in!

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

    During in the phone call to the company they told me I would receive an email confirming the booking, and with details of how to cancel if I needed to, I looked for that email hoping to cancel but they hadn't emailed me.
    19. A Contract will be formed for the Services ordered, only upon the Supplier sending an email tothe Customer saying that the Order has been accepted or, if earlier, the Supplier's delivery of theServices to the Customer
    https://www.jgpestcontrol.co.uk/wp-c...f-Business.pdf

    - - - Updated - - -

    Quote Originally Posted by des8 View Post
    Thanks Charity,
    I'm just about to go out, but will get back later this weekend.
    Feel free to chip in!
    Lol

    Des-erting, eh! :taunt:

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

    Not deserting.. just sorting family....again!
    looked in here quickly and found that interesting link from @charitynjw which doesn't tie in with te terms and conditions of JG Pest Control here https://www.jgpestcontrol.co.uk/terms-conditions/

    But in any case although imo their T&Cs are unfair and so unenforceable, their POC are inaccurate (if full wording has been supplied by Olivia) in that they are claiming for work which was never done.

    Is there any chance @OliviaBowieyou could post up a copy of the PoC, first removing your name & court details?

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

    Quote Originally Posted by des8 View Post
    Not deserting.. just sorting family....again!
    looked in here quickly and found that interesting link from @charitynjw which doesn't tie in with te terms and conditions of JG Pest Control here https://www.jgpestcontrol.co.uk/terms-conditions/

    But in any case although imo their T&Cs are unfair and so unenforceable, their POC are inaccurate (if full wording has been supplied by Olivia) in that they are claiming for work which was never done.

    Is there any chance @OliviaBowieyou could post up a copy of the PoC, first removing your name & court details?
    https://www.jgpestcontrol.co.uk/terms-conditions/

    "For consumers, click here"

    So I clicked.
    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

  14. #14
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    Default Re: Received a court claim for non Cancellation of services.

    ..... and I continued down the page! lol

    Paras 55 & 56 of your T7Cs make interesting reading compared to "Cancellation and Deposit policy" I found further down.

    I'm waiting to see the PoC to see who is named as claimant (PGpest control aren't a limited country) & confirmation they are claiming for work not done!

  15. #15
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    Default Re: Received a court claim for non Cancellation of services.

    Quote Originally Posted by des8 View Post
    ..... and I continued down the page! lol

    Paras 55 & 56 of your T7Cs make interesting reading compared to "Cancellation and Deposit policy" I found further down.

    I'm waiting to see the PoC to see who is named as claimant (PGpest control aren't a limited country) & confirmation they are claiming for work not done!
    JG Environmental are a limited company, and they appear to be the parent of JG Pest Control.

  16. #16
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    Default Re: Received a court claim for non Cancellation of services.

    Quote Originally Posted by Arcadian View Post
    JG Environmental are a limited company, and they appear to be the parent of JG Pest Control.
    So the claim has to be in the name of JG Environmental, but the OP has only mentioned JG Pest Control and that is why I would like tosee PoC

  17. #17
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    Default Re: Received a court claim for non Cancellation of services.

    Hi Charity and Des,

    Thank you both for helping me with this.

    The court claim issue date is December 13th, so if my calculations are right then I will need to send back the defence by January 15th?

    I have taken a picture of the particulars of the claim, I am just trying to figure out how to upload it on here? I'll have a look about and see if I can do it.

  18. #18
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    Default Re: Received a court claim for non Cancellation of services.

    The only way I could do it was by creating a link through a website, I hope thats ok?

    https://postimg.org/image/a247jhu6b/

  19. #19
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    Default Re: Received a court claim for non Cancellation of services.

    Quote Originally Posted by OliviaBowie View Post
    The only way I could do it was by creating a link through a website, I hope thats ok?

    https://postimg.org/image/a247jhu6b/
    That's fine, but can you confirm the exact name of the claimant as it appears on the form?

    I'll be back later today

  20. #20
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    Default Re: Received a court claim for non Cancellation of services.

    ? claimants name

    IMO your defence should be along these lines, but others might have other suggestions:

    1. The Defendant denies that he is liable to the Claimant either as alleged in the Particulars of Claim or at all. Save where otherwise admitted, each and every allegation in the Particulars of Claim is denied.
    2. The Defendant denies any Flea Chemical Treatment was ever undertaken by the Claimant at the premises as claimed.


    3. 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






  21. #21
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    Default Re: Received a court claim for non Cancellation of services.

    Hi Des,

    Sorry I didn't mean to disappear, I've had no internet for a couple of days.

    The claimants name is exactly like this:

    JG ENVIRONMENTAL LTD
    UNIT 29
    THORNEY LANE NORTH
    IVER
    BUCKINHAMSHIRE
    SL0 9HF

    That template is fantastically helpful, to be honest I didn't really know where to start with wording a defence (Although I see there are templates available here which is great)

    I will write up a draft defence and post it here before submitting it, hopefully tonight, if not tomorrow.

    Thank you again :-)

  22. #22
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    Default Re: Received a court claim for non Cancellation of services.

    Ok they got their name nearly right!
    On the basis of the people your order was with,I would have expected the claimant to have been:
    JG Environmental Ltd t/a JG Pest Control.
    But there is no point in challenging that at the moment.

  23. #23
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    Default Re: Received a court claim for non Cancellation of services.

    I really am leaving this last minute :-/

    Des I have used your template as I really didn't know what else to do (I haven't actually filed the defence yet, but this is what I have got

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


    3. 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 yyyy signed:My name

    My Name

    It's short and sweet, I think it covers everything?

  24. #24
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    Default Re: Received a court claim for non Cancellation of services.

    Havent had much time to think about the issues in this case, but surely one would look at the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
    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.

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



    You can also follow my blog on consumer credit here.


  25. #25
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    Default Re: Received a court claim for non Cancellation of services.

    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?

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