Kafkaesque v LOWEL PORTFOLIO I LTD

[kafkaesque]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

Thank you.

[kafkaesque]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

Defence:


1 I dispute all of this claim


2 I agree I entered into an agreement with Vodafone as per paragraph 1 of the Particulars of Claim.


3 Paragraph 2 of the Particulars of Claim is denied.


4 I deny receiving notice of the agreement having been assigned to the Claimant as per paragraph 3, or receiving repeated requests for payment as per paragraph 4, of the Particulars of Claim.


5 The facts relating to this matter as I believe them to be are as Follows:
a) I returned the phone in I believe, 2012 as I didn't like it and it didn't work properly.
b) I then sought to recover monies I had already paid under the agreement including the cost of the phone, given that I was no longer in possession of it. As Vodafone were unwilling even to discuss reimbursement, I actually had to issue an MCOL claim against them: MCOL REF MC000xxxxxxx.
c) Vodafone legal team investigated and settled this claim and I was refunded the amount I had paid + claim costs


6 I have contacted Vodafone in relation to these matters but they have failed to conclude their investigations so as to locate details of the previous MCOL claim, to include details of the settlement that they agreed to, and the monies that they paid to me.


7 I have contacted both the MCOL and CCBC help-desks to try to obtain full details of my MCOL claim against Vodafone. However the claim has been archived and for it to be retrieved the claim number is needed, which understandably I have not retained.


8 Presently the issue has been passed to the CCBC technical team to see if they can obtain the claim number from the MCOL login details.


9 As far as I am concerned I correctly returned the phone and terminated the agreement in 2012 and Vodafone accepted this when they settled the 2012 MCOL claim.


10 Given all of the above I deny being liable to the Claimant at all, and in any event, as the issue has already been the subject of a previous claim which was settled in my favour, this present claim is an abuse of the Court process.


11 It is unclear how long it will take the CCBC (or Vodafone) to locate the details of the previous claim. I therefore respectfully request a 2 month stay of these proceedings to enable me to provide these to the Court and the Claimant.


12 I expect that once the Claimant receives details of the previous claim this present claim will be withdrawn and the Claimant will agree to pay my wasted costs, failing which I will request that the Claim be struck out and the Claimant to pay such wasted costs.


Further information to assist the Court:
At this time I would also make the Court and the Claimant aware that I am presently signed off with depression from my employment, and that as a result of my illness am struggling to deal with these proceedings. I trust that the matter can be resolved as quickly as possible.

[kafkaesque]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

Bump. Is this defence OK?

[kafkaesque]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

Could anybody give this a quick read through please? I had some help from an old friend but its not his area of expertise.
I plan on filing this in MCOL TOMORROW Thanks

[Kati]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

[MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION] ... what do you think??

[nemesis45]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

Defence:


1 I dispute all of this claim


2 I agree I entered into an agreement with Vodafone as per paragraph 1 of the Particulars of Claim.


3 Paragraph 2 of the Particulars of Claim is denied.


4 I deny receiving notice of the agreement having been assigned to the Claimant as per paragraph 3, or receiving repeated requests for payment as per paragraph 4, of the Particulars of Claim.


5 The facts relating to this matter as I believe them to be are as Follows:

a) I returned the phone in I believe, 2012 as I didn't like it and it didn't work properly.

b) I then sought to recover monies I had already paid under the agreement including the cost of the phone, given that I was no longer in possession of it. As Vodafone were unwilling even to discuss reimbursement, I actually had to issue an MCOL claim against them: MCOL REF MC000xxxxxxx.

c) Vodafone legal team investigated and settled this claim and I was refunded the amount I had paid + claim costs


6 I have contacted Vodafone in relation to these matters but they have failed to conclude their investigations so as to locate details of the previous MCOL claim, to include details of the settlement that they agreed to, and the monies that they paid to me.


7 I have contacted both the MCOL and CCBC help-desks to try to obtain full details of my MCOL claim against Vodafone. However the claim has been archived and for it to be retrieved the claim number is needed, which understandably I have not retained.


8 Presently the issue has been passed to the CCBC technical team to see if they can obtain the claim number from the MCOL login details.


9 As far as I am concerned I correctly returned the phone and terminated the agreement in 2012 and Vodafone accepted this when they settled the 2012 MCOL claim.


10 Given all of the above I deny being liable to the Claimant at all, and in any event, as the issue has already been the subject of a previous claim which was settled in my favour, this present claim is an abuse of the Court process.


11 It is unclear how long it will take the CCBC (or Vodafone) to locate the details of the previous claim. I therefore respectfully request a 2 month stay of these proceedings to enable me to provide these to the Court and the Claimant.


12 I expect that once the Claimant receives details of the previous claim this present claim will be withdrawn and the Claimant will agree to pay my wasted costs, failing which I will request that the Claim be struck out and the Claimant to pay such wasted costs.


Further information to assist the Court:
At this time I would also make the Court and the Claimant aware that I am presently signed off with depression from my employment, and that as a result of my illness am struggling to deal with these proceedings. I trust that the matter can be resolved as quickly as possible.

OK,
I would attach the last paragraph re your depression as separate document and sign and date it.

Are you posting hard copy to NCCBC ? If so don't forget the header and statement of truth at the end.

nem

[kafkaesque]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

Thanks for replying. i will separate the depression.
No I'm just filing it online - so copy pasting.
Sorry - whats a header?
Also is there a template for this statement of truth? Thanks again.

[kafkaesque]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

I copied this from a website - is this OK?

"I believe that the facts stated in this (name the document and the date of the document) are true."

[nemesis45]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

Thanks for replying. i will separate the depression.
No I'm just filing it online - so copy pasting.
Sorry - whats a header?
Also is there a template for this statement of truth? Thanks again.

County Court Claim No.xxxxxxxxxxxxxxxxxxxxx

Between XXXXXXXXXX Claimant

and

Your name

I would also say

1. On date I received Claim No. xxxxxxxxxxx via the Northampton Count Court Business Centre, and acknowledged service on date.
just renumber other paras.

See defence templates in the green box above for the layout and content of a defence.

nem

When is your deadline for defence? If it's short I would recommend sending by post as well as MCOL which is rather slow at present.

- - - Updated - - -

I copied this from a website - is this OK?

"I believe that the facts stated in this (name the document and the date of the document) are true."

That's fine!!

nem

[kafkaesque]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

Thanks.
Deadline is 8th april.
MCOL slow? I thought online would be quicker?! But thanks I will get in the post also via recorded.
Thanks again for help.

[nemesis45]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

Thanks.
Deadline is 8th april.
MCOL slow? I thought online would be quicker?! But thanks I will get in the post also via recorded.
Thanks again for help.

I think it would be " safer" this way. MCOL quick enough to send but the delays are common with the handling of documents after sending them.

nem

[kafkaesque]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

Gosh keep getting error messages on the defence particulars part of the MCOL website - I have tried multiple browsers - keeps referring me to tech support. Total garbage site.

[MIKE770]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

ccbcaq@hmcts.gsi.gov.uk
ccbcaq@hmcts.gsi.gov.uk

[nemesis45]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

Gosh keep getting error messages on the defence particulars part of the MCOL website - I have tried multiple browsers - keeps referring me to tech support. Total garbage site.

LOL I did warn you MCOL is often unreliable.

nem

[kafkaesque]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

Update - I have received a notification of discontinuance - so is it safe to assume thats that?
Also can I now claim costs for my wasted time? Thanks for any advice.