Small Claims Court process to disprove an alleged debt

[Perry100]

Hi -

I hope someone might assist me with an issue.

I signed a contract for a subscription for domestic data services. The service was very poor and I took advantage of the clause for cancellation free of charges in the first month. I sent a notification and have confirmation of delivery. In every regard I believe the contract is cancelled per the contract.

The company has simply ignored the cancellation and is now seeking payments from me sometimes sending multiple texts/emails in a day.

What I feel I want to do is to ‘disprove’ the alleged debt in the Small Claims Court and request an order/certificate/injunction(?) that I can use against the other party.

Is there a process for a request such as this? And if so, please, what would it be? (I have used the Small Claims Court twice before to prove business debt – but this situation is really the opposite of that).

Or is a different course of action recommended?

Many thanks.

Perry

[Perry100]

Hi -

I started an earlier thread at 09:28 Small Claims Court process to disprove an alleged debt but I do have a second question if I may, which concerns enforcement through the Small Claims Court so I hope this is still the correct forum.

I am receiving numerous emails/texts demanding payment of an alleged debt which I can demonstrate is not actionable. I am writing to the Company Secretary to complain about the behaviours.

Especially as the messages are ‘unnecessary’ can I inform him that further messages from the organisation to my private phone and email addresses will signify the organisation agrees to incur a charge each time? I have a working knowledge of contract law (a bit dated) and I have heard tales of this kind of approach, but is there actually a workable method where payment could be enforced through a court?

I suppose there are ‘0898’ numbers that charge and text numbers that charge etc. Can I do the same by notification? Could my charge be one for ‘administration’ or ‘disturbance’? Collection agencies (still?) charge for communications sometimes - can an alleged debtor do likewise for managing the receipt of unneccessary communications? (I am not seeking damages here – it would be a charge for a service. Issues concerning harrassment may be for later).

Lastly (and ‘catastrophising’ here – hopefully(!)) if the alleged debt was passed to a collection agency who in turn send an agent to my property, can I write and inform the agency in advance, amongst other things, that entry to my property will incur an entry fee of £x each time? It won’t be good value, but there is a nice view. Again, do members think such a charge w/could be enforceable?

I would inform the parties that I would donate any proceeds to charity.

Any thoughts much appreciated.

Perry100

[atticus]

You can take them to court seeking a declaration that you owe nothing.

If I were you I would write a stiff letter telling them that if they dont shut up you will do this and add a claim for damages for harassment.

[atticus]

please stick to one thread. I have just replied to your first one.

[ULA]

Sorry my merging of the threads went a bit awry so have deleted some posts not relevant to the OP's issues.

[echat11]

If you can provide more details, that would be good.

You've cancelled data services within the cancellation period.

Have you lodged a formal complaint as per their complaints procedure?

Are they part of an arbitration scheme?

Is it a complaint you could take to an Ombudsman?

The Courts would expect you to have tried to resolve the matter without the need for litigation, they are a last resort.

[Perry100]

Thank you greatly Atticus, for your prompt and galvanizing response - it has intensified my resolve and confidence greatly! After a stiff letter I will, if proves necessary, seek a ‘Declaration’ through the Small Claims Court and apply for £500 damages. You have provided genuinely useful information for me and the right target to aim at. It is much appreciated.

And thank you, Echat11 – you are right to stay my hand… I confess I want as little to do with the company as possible as I suspect its ‘internal complaints’ system will be somewhat biased, manipulative and pre-determined. And yes, there is an ombudsman too (in whom I also wouldn’t have unfettered confidence) and I will investigate if there is an arbitration scheme. But you are right - I suppose I must engage with them to strengthen my court case if it comes to that (and I suppose, less cynically, that they might find in my favour(!)). So my target will be that of Atticus (I am keen to get to court!) and my process that of Echat11. Many thanks, both.

(Additionally my humble apologies to all for creating two threads against this forum’s etiquette. I did give some proper thought to this before posting and felt that the two questions were independent of each other and that one might even be better placed in a different LegalBeagles forum. Subsequently, as they were both related to enforceability, I decided the courts forum was best for both. I felt it would be easier for anyone searching these forums (for a!) for information on these two issues in the future – but, yes, I agree they do relate to the same matter. I am a better man for your direction, Atticus – so thank you for that too - and I am grateful to Admin for kindly joining my posts into one).

I am, of course, still very interested to hear any comments from members in respect of the ‘administration and disturbance’ charge question. Are stories of such strategies only apocryphal?

With regards