Received communication from defendant in small claims case

[allcry]

Hi,

I started a small claims case. I received correspondence in a small claims case. are their protocol from what to do with this stuff? Is this part of conduct in a matter?

The letter is a sort of sudo threatening letter again. "You don't have a claim. You are a very sill person. BTW we are now deleting your accounts."


Thanks in advance.

[ploddertom]

Start at the beginning and tell us what it is about.

[allcry]

Start at the beginning and tell us what it is about.

I'm a sole trader, they are a medium-sized popular internet hosting company.
This hosting company decided to change my 2-year recurring hosting contract. They plan to reduce the hosts allowed and increases the price.

chronologically
I say that the increase is fair. Then they increase it again. I find out that they have actually tried to sign me to another contract.
Their excuse is that they emailed me.
I complain. They say they can do what they want.
I send a letter of claim for "specific performance".
They say that it won't work because I have not lost any money.
I put a small claim into court for specific performance (to continue the)
They send an email to say that they will cancel the account.

How do I tell the court about the conduct of the defendant?
How do I apply for judgement?

[R0b]

Based on what you've said, you could be barking up the wrong tree. The starting point is that the terms of the contract between the agreed parties are enforceable unless it is illegal, contrary to legislation or there are public policy reasons why it should not be allowed.

So the starting point is, what are the terms that you signed up to? Can you tell us who the company is and if they have terms and conditions on their website?

If they have a right to terminate the contract then I can't see what you are complaining about, and your claim for specific performance falls flat on its face. You can't force someone not to do something they already have a right to.

Cancelling the account is not a conduct issue. Has the company filed a defence or acknowledgment and is their time up?

[allcry]

Based on what you've said, you could be barking up the wrong tree. The starting point is that the terms of the contract between the agreed parties are enforceable unless it is illegal, contrary to legislation or there are public policy reasons why it should not be allowed.

So the starting point is, what are the terms that you signed up to? Can you tell us who the company is and if they have terms and conditions on their website?

If they have a right to terminate the contract then I can't see what you are complaining about, and your claim for specific performance falls flat on its face. You can't force someone not to do something they already have a right to.

Cancelling the account is not a conduct issue. Has the company filed a defence or acknowledgement and is their time up?

Thank you. It's often hard to see what the court means by conduct affecting the outcome. Should I expect correspondence (a defence) via the court? How do I check is they have responded/acknowledge my claim?

To answer your question. I hope I'm "Not barking up the wrong tree", I'm applying to the court to enforce the contract I agreed on. I researched the matter quite thoroughly before putting in my claim. Because this is very scary. (Not using just google.). I want this company to honour the contract - the court process is called "specific performance". Which basically means that the court tells the company to keep the contract going.

You are right, a contract includes any terms or conversation surrounding the creation of the contract, and any laws in force. That said my contract says reoccurring. They have ignored this. And have called the contract at an end by stealth. They have just said, "you are now on a new contract". Which is very much "illegal, contrary to legislation or there are public policy" as you put very well. They seemed to think just emailing me amounted a new contract. This contrary to our law of an offer and acceptance to make a binding contract.


The terms are limited by implied terms and express terms. My contract says:

The expresses terms say they can only change the price on the website but my contract remains the same.

Implied terms are (ie statute): a term which says they can cancel anytime is unreasonable, (especially when the other company is much bigger.)
The law says you can make reasonable change price changes outside terms. But you cannot switch in a completely different contract.

I hope that helps.

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