Looks like I'm going to court - small claims

[Squeeky]

Hi all would appreciate some advice.

I signed up to a car insurance that required a black box. I didn't realise. After 4 days I sent a notice to cancel and they never replied. This is within the 14 days. I sent their black box back. Then they came after me after 30 days saying it's cancelled and charged me £200+ on top of my £120 I already paid (as deposit on £550 a year insurance). They charged extra cancellation fees and for the box. I have emails saying they can see the box was never used. I refused to pay. This was quickly transferred to a debt collector and I ignored them. as I know I have the email asking to cancel. This was 2yrs ago

To be honest I thought they were just threatening and wouldn't take me to court for £308 total on which I see as quite opportunistic from them given the insurance firm behaviour. I believe it's gone through a few debt collectors. They sent a letters from Moriarty Law on behalf of JC International Acquisitions. I then had the County Court forms from Northampton. I filed a defense stating 14 day cooling off and that I have Emails communication.

I now have a letter from Moriarty saying they intend to proceed to court. Anything I should do to prep or make them not show up?

I have checked the Email on cancellation and it is clear I intend to cancel. They also admit I never installed the box so never used insurance. They basically ignored me until 14 days had passed then when I complained they said they would have to follow their standard cancellation policy.

Advice appreciated!

[atticus]

Make sure that you have evidence to prove everything you have said. Send the claimant's lawyers copies of that evidence.

[Squeeky]

Thanks Atticus.

Do I have to send evidence prior?

they have sent none?

No proof of debt and no emails etc. Should I ask for this?

Can I just turn up with them and If I do send then how long can I wait prior?

thanks again.

[echat11]

Fill in the following, but leave out personal details, copy / paste back to this thread.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
What you have done so far:
Any Other Information or Background Details:

They filed a claim against you, you acknowledged it, then defended it, they've responded to say they want to proceed. The next thing you should receive is a Directions Questionnaire (you request mediation), which needs to be filled in, send a copy to the Court and to their solicitors.

If mediation fails, then you have to prepare Witness Statements 14 days before the Hearing, the Court will instruct you, you follow their instructions.

There's quite a bit of Consumer Law to help you defend the claim.

https://www.legislation.gov.uk/uksi/2013/3134/made

You need to send them a Subject Access Request, they have 30 days to provide all the data on the account. Make sure you get Proof of Postage.
You missed the opportunity to send a CPR 31.14 request.

https://legalbeagles.info/library/gu...ccess-request/

[atticus]

If as you said in your first post you want to discourage these people from taking action then showing them your evidence, if it is as strong as you suggest, would be a fine idea.

[echat11]

If as you said in your first post you want to discourage these people from taking action then showing them your evidence, if it is as strong as you suggest, would be a fine idea.

Good idea, the OP also needs to deal with the claims, if and until the insurance company back down.

[Squeeky]

Thank you Echatt

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name: JC international
Solicitors Firm: Moriarty Law
Original Creditor: I Go (Wise insistence)
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

defendent owes claimant (few hundred)
Underwritten agreement with I Go dates 30/4/21 which was assigned to claimant on 17/12/21
despite formal demand for payment the debt is unpaid
And claims payment and interest pursuant to 1964 country court act.

What you have done so far:

as per OP i have defended forms and now have an email stating they will continue with court proceeding.

Any Other Information or Background Details:

[Squeeky]

Thanks all for advice. Was away for the weekend. I will write a SAR and also send info of my evidence.

Appreciate it!

[pt2537]

Fill in the following, but leave out personal details, copy / paste back to this thread.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
What you have done so far:
Any Other Information or Background Details:

They filed a claim against you, you acknowledged it, then defended it, they've responded to say they want to proceed. The next thing you should receive is a Directions Questionnaire (you request mediation), which needs to be filled in, send a copy to the Court and to their solicitors.

If mediation fails, then you have to prepare Witness Statements 14 days before the Hearing, the Court will instruct you, you follow their instructions.

There's quite a bit of Consumer Law to help you defend the claim.

https://www.legislation.gov.uk/uksi/2013/3134/made

You need to send them a Subject Access Request, they have 30 days to provide all the data on the account. Make sure you get Proof of Postage.
You missed the opportunity to send a CPR 31.14 request.

https://legalbeagles.info/library/gu...ccess-request/

I think Regulation 6(1)(B) causes you a problem though doesnt it?

[des8]

If you cancel a car insurance after it has incepted you can be charged a "time on risk" premium as well as a cancellation fee.
That applies during the cooling off period as well.

[echat11]

Thanks all for advice. Was away for the weekend. I will write a SAR and also send info of my evidence.

Appreciate it!

What does it say in their T & C's?

Some Telematics companies cancel the agreement if the Black Box isn't activated within 14 days.

https://www.handbook.fca.org.uk/hand...COBS/7/1.html#