Defence Filed. Thank you Andy. I will be sure to keep this thread updated. TFM

Thanks Andy

Defence needs to be filed today or tomorrow. Anyone with any advice ?? TFM

Documents re attached chess legal reply .pdf

Polite bump. Anyone ?

Morning all. My friend had a response back from chess in relation to the CPR letter which I will post in a few minutes. First though I have uploaded their response to a SAR earlier this month in which they disclose no infiormation and then clarify that they have nothing more in my friends name. here is the response to the CPR request. They have sent a covering letter, copy invoices and a string of e mails they claim were sent during 2014. However she wrote to Chess in Feb 2014 advising she was ceasing to trade, all these e mails are March 2014 or later. None of these e mails came up in the SAR request. Every e mail is addressed to the former employee Mr ******* Having seen the file when they took the former employee to court none of these e mails were produced then either. So I am unsure if these e mails are genuine. Then there is a letter that was sent to my friend in June this year. This was the first contact she received from chess. However they claim not to have received the letter sent in Feb 2014 advising of ceasing to trade and giving her home address. They claim they got her home address from an internet search, yet the results of an internet search is not disclosed in the SAR response either. The rest of the emails. Wouldnt let me add them all to one post Sorry something else I just noticed. The cancellation charges which are main part of the amount claimed. acording to the invoice attached were added to the account on 1st June 2014. Yet the e mail demanding payment in July is less than the amount of the cancellation charges. Thus making me beleive more that the e mails are fabricated I have just come across this online https://civillitigationbrief.wordpress.com/2014/01/03/second-action-struck-out-as-an-abuse-of-process-report-of-first-instance-decision/ Could the same argument not be made in this case for a strike out. That being that the case has already been heard by a judge and the same case is being brought before the court again only with a different defendant ?

No worries I will leave that one off Thanks Andy

Hi Andy. asking for the following. is this ok ? 1: True copies of all unpaid invoices. 2: True copies of all demands for payment. 3: Notices of the breach of contract issued. 4. Copy or recording of the contracts on which this claim relies Not sure if it matters, but they have been remined of CPR before. In the fact that they have been asked to refer to an ADR but have refused on the grounds that the case has already been to court.

Thanks Andy. Do you think she has grounds to apply for it to be struck out as the case has already been before a court. Albeit in some one else's name?

POC are : 1. The claimant claims the sum of £2234.02 due from the defendant to the claimant for unpaid invoices. ( invoice number s) dated 31st October 2013 to 30th June 2015 in relation to telecommunications servoices supplied by the claimant to the defendant. 2. The claimant has made several demands for the monies outstandingwhich remains unpaid and constituites a breach of contract. 3. The claimant is is entitled to and claims interest persuant to the late payment of commercial debts (interest) act 1998, on all sums found to be due from the invoice due dateat the rate of 8% per annum above the official Bank Of England base rate currently set at 0.5% per annum, in the sum of £269.21 and at a daily rate of £0.52 4. The claimant is entitled to and claims statutory compensation, for the late payment of the commercial debt, of £310 persuant to section 5A of the 1998 act TIA

HI all Name of the Claimant ? Chess Telecom Date of issue – 4th December What is the claim for –POC are : 1. The claimant claims the sum of £2234.02 due from the defendant to the claimant for unpaid invoices. ( invoice number s) dated 31st October 2013 to 30th June 2015 in relation to telecommunications servoices supplied by the claimant to the defendant. 2. The claimant has made several demands for the monies outstandingwhich remains unpaid and constituites a breach of contract. 3. The claimant is is entitled to and claims interest persuant to the late payment of commercial debts (interest) act 1998, on all sums found to be due from the invoice due dateat the rate of 8% per annum above the official Bank Of England base rate currently set at 0.5% per annum, in the sum of £269.21 and at a daily rate of £0.52 4. The claimant is entitled to and claims statutory compensation, for the late payment of the commercial debt, of £310 persuant to section 5A of the 1998 act What is the value of the claim? Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Business land line and broadband When did you enter into the original agreement before or after 2007? See notes below Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Were you aware the account had been assigned – did you receive a Notice of Assignment? Did you receive a Default Notice from the original creditor? ? Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no notice of default Why did you cease payments? I sold the business. More details below What was the date of your last payment? Dec 2013 or Jan 2014 Was there a dispute with the original creditor that remains unresolved? Yes Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No Basically chess bought my account from my oprevious telephone provider back in 2012. IN feb 2014 due to family commitments I sold the business and wrote to all my suppliers asking for final accounts and issued them with the normal 30 day notices and gave them my home address. I heard nothing from Chess Telecom until April - May this year. Aparently an employee I had took out new contracts with chess 3 seperate times. He told them he was the owner of the business and as such the account was Mr **** T/A *******. Obviously as I left the business I stopped the DD etc. Wel they took my former employee to court in March 2015 and sued him for the amount in the POC. When he went to court he managed to convince the judge that he set up the new accounts for me. The judge dismissed the caseand now chess are chasing me. Now I never knew or had any idea that these new contracts had been set up, they never wrote to me advising of new contracts etc. My former employee did not have permission to enter in to ANY contract with ANYONE on my behalf. Just for clarification here we are not talking a massive business with loads of staff. There were 2 staff and me. Everytime this new contracts were entered into was on my day off. She has received a SAR back from chess, the only thing they have sent her is a print out of her details from their system and copys of invoices her employee sent in to prove that the business was not in his name. Does she have a case for getting the case struck out before it gets to a hearing ? There are other reasons that should enable her to win in court, such as price rises during the term and changes of T&C all without notifications, but a strike out would be cheaper [ATTACH=CONFIG]60509[/ATTACH

Ok they have issued a claim in the county court. Can anyone please advise how to apply for the case to be struck out ? TIA

polite bump

Fingers crossed they will. It must cost them more than £1 per month to administer the account

She received the response to the SAR on Saturday too. They have sent her a simple 1 page print out of her account details and photocopies of some 3rd party invoices that her employee submitted in his defence claim. Nothing else at all.