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ritesaidfred

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  1. Unfortunately in 2016 i bought an Amazon Fire TV. I left my family in the UK and moved overseas. In October 2020 it seems that my ex-wife or my daughter used the Fire TV box to sign up to Amazon Prime. I did not find out about this then because I was locked out of my online banking by Three's roaming rules. I have got into my online bankin now and discovered the charges of 14*£7.99, plus two movies paid for at 50p and £1.50 I spoke to their support and they said they would only refund 3 * £7.99 I wonder if anyone has a good idea about how to get a better response
  2. Did hearing online. 1) school couldn't claim debt recovery fees because they presented no evidence that they had incurred any, even though the contract provided for them 2) interest was thrown out for reasons not quite clear the contract read 'up to 1.5% per month', I don't think the judge read the 'per month' bit, but anyway disallowed it, and wouldn't allow the statutory interest of 8% but instead only 2%. 3) unfortunately the amount claimed was just over £3k which substantially increases the hearing fee, but before the hearing the school wanted the full amount of their claim and in the end were awarded a couple of hundred pounds less than that, even taking into account the hearing fee, so just about worth it anyway 4) the claim about not providing services didn't go all that well in that probably I would have had to put that an earlier stage, so if I'd said a year ago 'I think it would be reasonable to pay 75% of the fees', then that might be considered, but as it is the 90% that the school had charged was basically accepted as reasonable on the basis that they still did do lessons online, and the extent to which they didn't provide services was largely outside their control. 5) both defendants jointly and severally liable as the claimant provided a copy of my ex-wife's signature, so that was the end of that really. We have 4 weeks to pay or come to an agreement with the claimant. What would be the normal procedure, to offer a lower lump sum to settle? Or to pay £50/month, or whatever?
  3. Hi Ex wife and myself both submitted evidence bundles a few weeks ago with evidence bundle Hearing is upcoming soon I think my wife is not wanting to appear (virtually) because of language issues etc. My daughter I think would not like to either, although she has submitted a witness statement. Claimant has submitted a hearing bundle having already submitted a evidence bundle. Hearing bundle is 145 pages containing both the claimant's evidence and the defendant's evidence. Claimant has added extra evidence in the form of work set/done during the covid period. I don't think this is hugely significant in that my daughter's statement states that they did work, so there is no dispute about that fact, more that the services delivered were not those paid for. Anyway, it seems better for everyone if I deal with the case by myself with the witness statements standing as is. As such: 1. Does my ex-wife need to send something formal in to the effect that she's not appearing? 2. Is there any issue with my daughter's statement standing as is without her appearing ? 3. Should I put in my own hearing bundle given that the claimant has already done so? I guess it is not necessary; the only thing I suppose I could have included is the letter from my other child's school writing off unpaid debts following a financial assessment, but I suppose it isn't that important, in that it's fairly obvious to anyone that debts are being written off during covid, so it isn't that useful to show that some other school wrote off their debts, because my statement that 'I thought we might get some financial help from the school, hence not complaining about the service as it would be counterproductive' is just an opinion.
  4. Ok but what happens if I make the offer, the claimant accepts, and as a result of that they don't pay the hearing fee, which means the case gets struck out, and then I don't actually pay the amount claimed. Presumably they can get the case restored? Or is there a formal way to make the settlement in this case which is safe for both parties (I'm not planning to not pay up, I guess I just want to get the wording correct of my offer so that I'm bound by it.)
  5. I spoke to the court previously and they said that the late bundle doesn't allow you to strike the case out, just have the evidence disregarded. So a bit of a dead-end. Anyway, bundle was filed by them. Have received letter about Cloud Video hearing, ordering claimant to pay £335 hearing fee by 15 June. Presumably I would have to pay that if I lose, even if they win less than the full amount claimed. Is there normal practice for that fee? Presumably claimant would hope I pay the full amount and delay payment till the last minute, because once they've paid it, there's no longer any point in settling because it's non-refundable. Is there some sort of best practice about making an offer of settlement? Send solicitor offer to pay £2k or whatever without prejudice?
  6. Have submitted bundles Would now like to apply to have the case struck out because we have not received a trial bundle from the claimant. What's the best way to do this? It seems that email is not really responded to quickly, but maybe that is the best way? I guess I can write a letter along the lines of: Application to strike out case: It was ordered by District Judge X on 7 April 2021, that the parties in the case file a trial bundle by 13 May 2021 at 4pm. It was further ordered that if this was not complied with the case may be struck out. While it is provided under CPR 3.8(4) that steps in the Order may be extended up to 28 days with prior written agreement, the claimant has failed to send any kind of correspondence whatsoever, either requesting extension of the time for the steps, or by directly complying with the Order to file a trial bundle. The defendants have both filed trial bundles as ordered, and therefore the 1st defendant asks that the case is struck out in accordance with CPR 3.4(2(c)), on the basis of the claimant's failure to comply with the Order of 7 April 2021. Should I just send this to the court? No need to send to the defendant?
  7. My ex-wife is not admitting any debt. She's saying the contract is with me alone. She has filed a fairly simple statement to that effect, while I'm filing a much fuller one discussing the actual services. Currently I just want to make sure that paperwork is filed in time. If the claimant fails to file their paperwork as ordered I would then try to get the case thrown out. If they do file, or I can't get it thrown out then obviously I can see if they are interested in settling in some way, but that's not to the next goal.
  8. > however what you have put up so far is not a WS and arguing the the school did not provide 'proper' education is not a valid excuse. Not sure what you mean here? I've put together a 3-page statement which describes the services that the school would normally provide (various meals, a final examination, etc.), that certain features of the final term were why we chose to stay at the school until Y8 rather than leave after Y6, and that they didn't provide them, and hence I'm claiming breach of contract. I've noted that they gave a 10% discount (notified ahead of time) on the basis of cutting certain services. Obviously the judge can decide in the school's favour, but I don't understand what you mean by 'valid' excuse. I've not paid. I need to give some justification, as I don't think 'I can't afford to pay' is relevant at all, I've said 'we would have left after Y6, but didn't because of these inducements, which have not now been provided, along with failing to provide various elements of the service'. Obviously if the judge decides that nothing I've said is relevant, then so be it.
  9. Can anyone help me about the issue of ' bundle of documents' I phoned the court but IDK if it's a Skype thing or a problem on their end but both times my call was cut off after 15 minutes, 2 seconds. I emailed the court email address and got two automated replies. One said: The other one had an attachment to it which is this document here: https://www.whatdotheyknow.com/request/412868/response/1004542/attach/3/HMCTS use of e mail guidance for stakeholders.pdf I am not sure what is meant by the bold paragraph My ex has sent me some photos of pages, because she doesn't know how to use the scanner. Do I need to convert these into PDF or something? Or does it not really matter.
  10. I've come up with a fairly detailed statement. it seems to me that I could reasonable argue that the school provided half (or whatever) of the services they were supposed to, so I should pay half. The question is should I just put that sort of reasoning (admission?) in my statement? Or, should I be concentrating on asking them to prove their agreement with me?
  11. Can't attach a photo here for some reason and my OCR can't read the photo I have, but basically it says: presumably something along the lines of: Witness statement of ex-wife: I am mother of child X. I am from a foreign country and speak English poorly. My ex-husband took all decisions during the marriage such as the school and managed the finances. I was divorced with decree nisi on date and decree absolute on date and consent order on date. I do not believe that I signed any contract with the school, and therefore cannot be found liable for any breach because I am not party to the contract. I filed a CPR 31.14 request to obtain a copy of the contract on date specifically requesting evidence that I was party to a contract with the claimant, however they supplied only a set of generic documents which could be signed by one or both parents. As I am divorced from the first defendant with a final consent order, I do not accept any kind of liability for contracts signed by him. Prior to the school term in question my (ex-) husband paid the school fees. During the school term in question my daughter did not go to school, and I had to provide lunch for her, the cost of which is included in the school fees. I enclose a variety of exhibits showing that the normal cost of school lunches alone for a private school in the area is £x. My daughter did not attend school at all during the period in question. <statement of truth> Witness statement of me: I am father of child X. I left the UK on date, and was not present during this period. I chose the school in 2007 for my first child Y, and then my second child X, joined later. I think it likely that I signed some paperwork but I am living overseas and do not have any copies of this. A CPR 31.14 request was filed to obtain the contract the claimant purports to rely on, but only blank forms have been provided. It seems unlikely that during the entire period in question the school did not update its paperwork, and I see no reason to accept the blank forms as evidence of a contract. Although I was not in the UK in the period in question, I was told by my child that there was no school during this time. <statement of truth> Witness statement of child: I went to school A from 2010 to 2020. During the final term we would have expected to sit the Common Entrance exam, attend prize giving, and take part in sporting activities. None of this happened. <statement of truth> ---- Then I have various emails from the school asking for payment. Presumably I include those for completeness' sake. Do I need to restate my argument about the 'debt collection fees' and interest in my witness statement? I.e. I do not believe that there were such terms in the contract, and if it should be found that there were, I believe they would be in breach of the Unfair Contract Terms regulations, and hence not enforceable. I will also include: a) divorce paperwork (nisi, absolute, consent order) Other things I have is: a) details of hardship bursary from daughter's current school b) details of hardship bursary from son's university c) letter from son's last school saying that they had written off the fees on the basis of hardship. I am not sure if it's worthwhile to include this - the school sent an email demanding a reply in 7 days or they would pass it on to debt collectors and I replied on the 8th day; I think they were prepared to delay the payment, but I'm not sure if it's really relevant that we have got hardship bursaries, in that the school suing us obviously isn't obligated to hand out any bursary if it doesn't want to, so it just comes down to contract law I think? Questions then: * case has been allocated to local county court - can we just email the standard court email address with the document bundle, or does it have to be posted or sent to some local email address * given that we are two defendants with one defendant claiming no liability at all, should we make two almost identical bundles duplicating all documents except for the witness statements, just file a single bundle for the two of us, or file both a joint bundle and separate one (perhaps consisting only of witness statements). * if I send the documents at the last minute by email, but don't receive anything from the claimant, is it possible for me to directly apply at 4pm to have the case thrown out
  12. they sent a generic registration form for a place on the school waiting list, a generic parent contract with I/We at the bottom, a generic form letter for 'offer of place with full fees' and another for 'offer of place with scholarship' All blank and undated, so quite possibly not the version of the contract that would have been signed.
  13. thanks. so has been allocated to small claims track, mediation will not take place. need to send evidence bundle by 14th May. Presumably this can be by email? And separate bundles for each defendant, given that one defendant is arguing no contract exists with her, and the other one is arguing breach of contract? Or And if they fail to send any evidence bundle in time can I have the case tossed out directly? Presumably the evidence would be something along the lines of: "Defendant 1's witness statement is that she believes she is not party to the contract. ' 'Defendant 2's witness statement is that he the claimant did not fulfill their contractual obligations because....' and then maybe: 'Child's witness statement is that the education services provided in this time were: .... Normally there would be ...' I guess since I have made this point to the claimant already, I should add something like 'the defendant sent a CPR31.14 request [enclosed], however the claimant only provided a generic unsigned contract in reply, and there is no evidence as to who the parties ' And then presumably given that there is dispute about the contractual obligations then they'd have to go some way to prove they exist.
  14. Do they need a basis in the contract for the school services for the debt recovery costs, or can anyone just add that onto a court claim ?
  15. Yes I spoke to MCOL by phone this morning and they told me to email them my acknowledgment of service and later defence (they said not to use the online system). I have also spoken to the solicitors and they said I could serve documents to email to the email address on their website. With regards to the CPR31.14 request, presumably there is any contract that was signed plus any amendments to that, but should I ask specifically about the provision of services? The fees were reduced slightly due to COVID, so there appears to be some sort of acknowledgment that they did not provide a number of the contracted services, though that hasn't been discussed so far, but clearly 'provided the defendant with services' is very much open to dispute. Should I add in an item for 'evidence that that the contracted services were provided'? Or something like that?
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