Received a court claim for non Cancellation of services.

[des8]

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

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

[OliviaBowie]

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.

[OliviaBowie]

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/

[des8]

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/

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

[des8]

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

[OliviaBowie]

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 :-)

[des8]

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.

[OliviaBowie]

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?

[pt2537]

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.

[des8]

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

Thanks for the pointer [MENTION=551]pt2537[/MENTION].
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?

[pt2537]

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?

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

[pt2537]

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

[des8]

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

[Joanna C]

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 think you are probably right there PT

[pt2537]

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

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