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players4you

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  1. I am looking for some advice on if it is wort pursuing a claim I made several years ago. Back in 2008 my Virgin flight was delayed by a day due to a technical fault. I claimed but was sent the extraordinary circumstances response and the claim was denied. I have since heard that technical faults are now covered following a court case in 2015. I know this is more than 6 years old but my initial complain wasn't. Is it wort attempting to re-claim on this basis?
  2. Thanks Mike. Will file today. Should I contact them (write/telephone) to chase up the documents as without them presumably they cannot win. What happens if they never produce the documents?
  3. Ok. I have not had any documents from Carters and there 14 days are up now. Defence due on Monday. Should I call them and ask them if they need more time. Can they win without any documents. Not quite sure where I stand now. I decided not to submit defence last month as I received confirmation of the extension from the Court All help much appreciated
  4. Ok Legal Eagles and generally very clever people. Here is what I have, has to be in by tomorrow so would really appreciate feedback. Can I submit tomorrow evening as my defence date would be 4th Nov? 1. Paragraph 1 is neither admitted or denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement. 2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed; 4. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. 5.I returned the phone to EE mobile as I was unable to obtain a signal at either my place of work or at home and deemed the service not fit for the purpose it was intended. I informed EE Mobile of this and requested that the contract was terminated early. 6. The amount claimed will likely include an Early Termination Charge amounting to the entire balance of the remaining contract. Ofcom guidance states that any Early Termination Charge that is made up of the entire balance of the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for the service. 7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  5. Carters have agreed to 18th Nov and I have informed the court by email but they have not updated the new defence date officially so was thinking maybe I should get it in by 4th anyway perhaps
  6. Hi Andy, I think the time has come for a defense. I wonder if you might be able to help me with what to put for the fact that I returned the phone due to a poor signal at home and at work, in addition to the fact that they have not shown any agreement or any other documents for that matter. Although I think they may have produced a bill at one point. Many thanks
  7. Thanks very much for that Mike. I get the feeling that Carters are not going to give up even if they dont have the agreement. I was kinda hoping they would just fold, but looking at other threads possible not
  8. If anyone can help, ~I would be really appreciative. Do I insist on the 28 days extension and get it in writing and then tell the court? Do I tell the court by email? Any help greatly received:-)
  9. Hi All, So, got a letter from Carter. Looks like a standard. I see that the extension should be for 28 days and not as they state 14. Once I have got them to agree to the 28 days how do I let the court know? Anyway, here is the letter: Dear Mrs XXXX LOWELL PORTFOLIO 1 LTD v XXXXXX CLAIM NO: XXXXX UTSTANDING BALANC~ £XXXX We write further to your letter dated 14 October 2013 requesting disclosure under Part 31 of the Civil Procedure Rules and request for an extension. We confirm the claim form was issued by the Northampton county court Bulk Centre and the Court's protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this Court. We confirm that the Claim will most properly be allocated to the small claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply. We confirm that we have nevertheless requested documentation from our client and hope to revert to you shortly, although this will not be within seven days. It is the original creditor's policy to issue any agreements on or around the date of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records. We confirm we are agreeable to an extension of 14 days to allow you more time to prepare and file your defence. Please note that we have not yet been informed that you have filed the acknowledgement of service. As you will be aware a Claim was issued in this matter on 2 October 2013. Please respond to the Claim using the Response Pack provided by the Court. You should comply with the deadlines outlined by the Court in order to avoid a Default Judgment being entered against you. We recommend you seek independent legal advice Yours sincerely
  10. Hi Andy, I take your point! I will acknowledge service and give you a shout before the defence is due, assuming of course they havent given up by then!
  11. Again, thanks Andy To be honest I am pretty bamboozled of how to put the additional points in legal speak. Also, I sent the phone back due to a poor signal rather than it being faulty. I cant afford to get to the point where a judge is deciding based on my defence anyway as I wouldnt risk going that far due to the fear of CCJ. I cant help but feel the only defence I am happy with is 'you dont have the documents/proof' as I cant prove when/if I sent the phone back. Any thoughts on this much appreciated.
  12. Thanks very much Andy. Intended defence below: 1. Paragraph 1 is nether admitted or denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement. 2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  13. Thanks so much. If I submit a defence and the claim turns out legit, presumably I can withdraw? Do you mind if I post my defence here so that you can verify I am on the right track?
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