Dear dx100uk, Thank you very much for your advice. I will do exactly as you said ! Regards,

Dear dx100uk, Please see below: ----------------------------------------------------------------------------------------------------------------------- I, as a director of the start-up ltd - temporary staffing company, in July last year, accepted the contract for two documents (online contract templates) "Client Supply Only Terms" and "Agency Temporary Candidate Agreement non employment agreement", online, by clicking the "Accept" button on .pdf document with the company Lawspeed Limited (www.lawspeed.com), on (www.proterms.co.uk) online platform. The subscription was made for 24 months and had to be paid monthly: £92.21 + VAT for the first 12 month and £184.42 +VAT per month for the remaining minimum period. I modified the contract templates to suit my needs and saved them on the Proterms website (Platform) in August last year. In October/November I received an email that my "platform subscription has now been set to be closing and I have 7 days to login to my account to download any data I may wish to keep for my records". When I logged in to the Proterms platform I did not find my saved contract-templates there. The next day I received a notification from GoCardless that Proterms ltd. is charging me £192 instead of regular £92. I cancelled direct debit and wrote an email to Lawspeed ltd. asking for clarification. The CEQ of "law speed ltd" in his email agreed with the problems with my account, affirmed that my account is not closed and I still have a subscription. However, subsequently all my attempts to log in into the proterms platform were unsuccessful. In the end out of stupidity I paid £192 from my account, but the situation did not change. I was not able to access the Proterms ltd website and again received an invoice for another £192 pounds after which I decided that I had had enough and wrote an email that unfortunately our cooperation for obvious reasons won’t be successful. The invoice sent to me for the entire period of the contract "payment for minimum subscription period" is £3460 pounds. Also, in the last email they informed me about the transfer to the Debt Collection Agency next week and threatened to confiscate my company’s assets. Unfortunately, I didn't even take advantage of their contracts once. *all emails and print screens of the platform are saved.

I'm not sure if I put my post in the right place, but: I was very pleased and extremely happy with the help I received regarding a legal dispute with Talk Talk recently. Can I expect to get the same level of help/assistance for my small start up company if the case goes to county court? The essence of what happened is similar to the situation with Talk talk: the company with which I entered into a contract unreasonably demands a certain amount of money for services, which I did not receive. Kind regards,

I have already donated. Thanks again. Bug report: Donate button in Andyorch profile does not work and at the bottom of the page just redirects to PayPal Website. I almost gave up, but fortunately clicked underlined text with donation link.

I have contacted the court and they confirmed that the case was discontinued. It means I won. So overall, It was very exciting and I learned lots of new legal aspects for myself. Andy and DX, thank you so much for your guidance and support!

See attached a letter received from the claimant rep. I’m waiting now for the letter from the court. mor_law.pdf

Copies of the statement and exhibits and notice of non attendance sent to both court and claimant's sol. So now we have to wait for a verdict to arrive on the 19th.

Thank you for clarification !

I'm going to send documents to both parties next week.

Andyorch, Thanks a lot for producing a perfectly made draft. I will send it to the court together with a cover letter and only notice of my absence to the defendant. Is this correct? Sergy

Andyorch, Please see above the additional section of my witness statement, named "cancellation and proof of notification". Could you please amend my witness statement and incorporate section "X"? Sergy

Dx, I will remove the following " ...Consumer rights act 2015 and Ofcom Strengthened the voluntary code of practice 2015...." Thnaks.

X. Cancelation and proof of notification : On 29th June 2018 I submitted “Early and penalty Free Broadband service cancellation request as a pdf file “ breach_of_contract1pdf “ to Talk Talk Group via email address [email protected]. The request was processed and my contract was terminated without any notification , whether it was satisfied or not, but unfair cancellation fees were imposed later by debt collector companies. Please see the screenshot attached with cancellation request, including date and time stamp from google mail to the above mentioned email address on 1 page, and “Early and penalty Free Broadband service cancellation request “ on 2 pages.

Dear Andyorch/DX, Please see my cover letter and witness statement. Feel free to make corrections ! -------------------------------------------------------------------------------------------------------------------------------- Cover letter Case number: My address Court address Dear Sir/Madam My name is xxx listed for the County Court inn Leeds on September 19, 2022. Unfortunately, I will not be able attend the hearing due to unplanned travel. Therefore, as per CPR 27.9, I’m giving written notice to court and claimant and kindly asking You to hear the case in my absence, taking into account my witness statement and other documents I have filled in the process. Please see attached: witness statement Faithfully yours, XXX --------------------------------------------------------------------------------------------------------------------------------- WS I, XXX, being the Defendant in this case state as follows; I make this Witness Statement in support of my defence dated 8th December 2021 and in response to the claimant’s claim dated 9th November 2021 which was submitted through the County Court Business Centre. 1. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought en masse as portfolios at a much reduced cost to the amount claimed ...10p to 15p in the pound and which are already written off as capital loss and claimed against taxable income by the original creditors. The claimant then issues claims en masse with little or no evidence or documentation as a ‘fishing exercise’ claiming the full amount of alleged debt to maximise profit. 2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 3. Background Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and Talk Talk Ltd. On receipt of this claim I could not recall the precise details of any agreement or any debt, numerous years having passed since the alleged agreement date, and therefore reasonably sought clarity and information from the claimant. I formally requested via CPR 31.14 on the 15th November 2021: A copy of the original agreement; A statement of account; A copy of the terms and conditions as applicable at the time of the agreement; A copy of any Default Notice/ termination notice; A copy of any notice of assignment showing the claimant’s legal right to take action Having made a claim, the above data should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion. 4. Disclosures The claimant has supplied some documentation but has failed to comply fully with my formal requests. The claimant has failed to provide: A copy of the original agreement A statement of the account showing completely and exactly how the amount claimed for has been reached A copy of a default notice/termination notice A copy of a legal notice of assignment showing the claimant’s legal right to take action. I received rough copy of the bill summary (no originals) and not on the usual Talk Talk letter headed paper: 11th September 2018 - £182.51 with a 'previous balance' of £170.01 which is not shown how this is accumulated. The bill summary does not state that this is the “Final Bill” or that the account has been closed. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly 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 their service. 5. Conclusion The claimant has failed to comply with my formal requests, is in default and therefore I must assume that this is due to the claimant not having any of the above mentioned legally required documentation and has merely issued a speculative claim in the hope of obtaining an undefended default judgement. Statement of Truth ------------------------------------------------------------------------------------------------------------------------

Dear DX, So what is the deadline for us to wait to produce watertight WS ? They can send their evidence at the last moment, so we won't be able to react and submit our (mine) WS on time. Dire situation. Sergy

Dear Site Team, I would be most grateful if you could advise me on the following : As I mentioned earlier, I won't be able to attend the hearing due to unforeseen circumstances. So I need to send a letter via post to the Deputy District Judge Rose, LS1 3BG. Is this correct? Are there any templates? For the main body of the witness statement I need a template as well. May I paraphrase my defence or it must be something else? Send witness statement via post by the 29th of august to the court only Sergy

Please see attached below in proper format Notice_to-alloc.pdf

Please see attached Notice of Allocation to the Small Claims track ( 3 pages_merged.pdf

Finally, I received the Notice of allocation to the Small Claims Track (Hearing). 1. May I ask you to advise me on how to proceed with required paperwork, including witness statement ? 2. What is the best way to act, if I wont be able to attend the hearing on the date due to situations beyond my control? Sergy

Ok got it now, Thank you!

Considering all mentioned above and to avoid misunderstanding: At the moment I have nothing else to do but reply via email, as instructed in " Your appointment details " form, "Important mediation requirements" section, which is the paper version received via post. Please refer to the attached screenshot. Scan2022-02-17_152411.pdf

dx100uk, earlier In the thread you kindly provided a link in relation to mediation: As instructed, I ticked "Yes" to mediation in the N180 form:) NOW, should I contact county court via given email and inform them that mediation is not suitable for my case? are there any penalties/consequences for me further on?

JC Moritary did not sent back any paperwork requested in the defence . So what exactly I have to negotiate? Most probably nothing, except reading back what was already mentioned in the defence. Please advice me if any special tactic/strategy must be applied. May I ask for a link with a simple mediation script in relation to my case ?

dx100uk, I read several threads which are similar to mine. There were not so much info on mediation strategy and step by step instructions. Andyorch, The Alternative dispute resolution thread says in the last two paragraphs: " You really need to work out what you can afford and what you are prepared to pay, over what period and on what terms ........Approach this mediation with an open mind and with an appetite to settle, if that is what you want. You have a great opportunity to bring closure on your terms, without having a judgement imposed on you by a judge...........". Of course I will repeat the particulars of the claim without deviating to anywhere else as mentioned in the link. But what exactly I may propose/offer during negotiation process? 50p? I just want the case to be dropped without paying any single penny to them.

Hello all, I have received the telephone mediation appointment letter from the County Court. Point 1 of the mediation requirements states: " I am willing to negotiate on the amount of the claim and I will consider a compromise". The only compromise for me is to drop the case. May I ask you please to give me some more information / advice on what to do during mediation appointment? Thanks