Legalcare.co.uk Court Claim - **Settled at Mediation**

[tim d]

Hi Danie1le,

 

Have you seeked legal advice? Why don't you ask the BBC I had a situation and Radio Norfolk took up the case and the parties who just insisted I owned then eventually backed off and the Government department

 

resolved the problem.

 

So this maybe an avenue you could explore with your local BBC. These people don't like this publicity.

 

Kind Regards

tim d

[panther12]

Thanks Mike, I sent the letter off last week and today I've had a reply from Paul Careless, he said that they don't agree to discontinuance and they are happy to go ahead with the full hearing. It looks like I am in this for the long haul!

 

He said he would consider a settlement offer to bring the matter to a close but I won't be making one because I don't owe them a single penny!

If they're intent to take this all the way then bring that Without Prejudice - save as to costs letter to court and when the judge kicks out their claim you'll be able to show it to the court when you bring up the matter of your costs.

[citizenB]

Danielle, did you read the blog in the following link - I think there is likely all the terms and conditions you might require.

 

http://www.davidsottimano.com/legalcare-co-uk-instant-review-horrible-company-do-not-use/

[tim d]

Hi panther12,

 

I am unable to read your reply

 

Kind Regards

tim d.

[Danie1le]

Hi Danie1le,

 

Have you seeked legal advice? Why don't you ask the BBC I had a situation and Radio Norfolk took up the case and the parties who just insisted I owned then eventually backed off and the Government department

 

resolved the problem.

 

So this maybe an avenue you could explore with your local BBC. These people don't like this publicity.

 

Kind Regards

tim d

 

I initially went to citizens advice who referred me to the citizens advice consumer service who referred me to the legal ombudsman who referred me back to the citizens advice consumer service and to be honest the posts here have been much more helpful and informative than they have been.

 

I haven't considered BBC Radio Stoke although I have written to my local MP Paul Farrelly who has responded personally and while I am not sure what help he can give me with my case he has on my behalf written to Vince Cable about my case and to ask him why companies like Legal Care are not regulated and are being allowed to operate as they do.

 

If they're intent to take this all the way then bring that Without Prejudice - save as to costs letter to court and when the judge kicks out their claim you'll be able to show it to the court when you bring up the matter of your costs.

 

Thank you, I will do, I have copies of everything.

 

Danielle, did you read the blog in the following link - I think there is likely all the terms and conditions you might require.

 

http://www.davidsottimano.com/legalcare-co-uk-instant-review-horrible-company-do-not-use/

 

Thank you, yes I have been following that blog for a while.

[Danie1le]

It's been quiet for a while but I have a court date - 10am on Monday, 4th November.

 

I received a letter today requesting that I send a copy of documents I wish to take to court with me no later than 14 days before the hearing. It has also invited me to contact the courts mediator.

[slick132]

Hi Danielle,

 

You should get together all the documents and evidence you have, so it can be put into order for your Court Bundle (the evidence that you'll submit in support of your defence).

 

This will include screen shots before and after the site changed the way they displayed their T&C's, all letters exchanged, notes of any tel cons, etc.

 

You should also contact the court mediator so you can show that you tried to resolve the matter without a court hearing.

 

[Danie1le]

Thanks Slick,

 

How am I best going about doing this? How would I show/present the evidence too them.

 

I was under the impression that I would need to write a more detailed statement / defence but there is no mention of this in any of the papers from the court.

 

My biggest concern is how I will come across in court, I am quite shy and don't speak very well at all, I'm even dreading the mediation! I've been in touch with them, they are waiting to hear from Legal Care.

[citizenB]

Danie1le, I think you are referring to a Witness statement. You could prepare one of these for yourself if you haven't been asked to produce one already and enclose it with your bundle - you should refer to the documents you are providing within the WS. At least it will help you stay focussed if you are shy/nervous

 

I have attached some general information about preparing a witness statement

 

I have also attached a Guide for LiPs (Litigant in Persons) which is what you will be as you are unrepresented.

 

 

[ATTACH=CONFIG]46361[/ATTACH]

 

Guidance Notes for WS.pdf

[slick132]

Hi D,

 

Can you please confirm exactly what the court Directions say.

 

[Danie1le]

Thanks for the advice citizen, I will have a read through those links.

 

I think it's easier if I just post links to a scan of what I received from the court.

 

http://img.photobucket.com/albums/v297/dazza_stoke/img133.jpg

 

http://img.photobucket.com/albums/v297/dazza_stoke/img134.jpg

[slick132]

Hi Danielle,

 

I note on the PoC that the Claimant says he will provide you "with separate detailed Particulars within 14 days after service of the claim form". Did this happen and, if so, what was sent to you.

 

There should be an attempt at Mediation as Directed by the judge.

 

Your evidence, as I suggested earlier, needs to be prepared ready to File and Serve (to the court and to the claimant) a clear 14 days before the Hearing date.

 

[Danie1le]

Thanks Slick,

 

It was the separate particulars I received first a day before the claim form.

 

This was sent... (along with a copy of the Terms & Conditions)

 

http://img.photobucket.com/albums/v297/dazza_stoke/20130620_192300.jpg

http://img.photobucket.com/albums/v297/dazza_stoke/20130620_192426.jpg

 

I have been talking with the mediation service and it is difficult to arrange an appointment around work. We are looking at the first week of October when I have a holiday if the claimant agrees.

 

I have a folder with the evidence in which I can scan and send copies to the court and the claimant. I just don't understand how it would be presented, does it need to be in any sort of order?

[Ganymede]

Your trial bundle should be paginated and in a a large ring binder folder.

 

Separate each item with numbers and include a bundle index at the front.

 

Will make life easier for everyone.

[Mike_hawk]

Hi Danie1le

 

The w/s should be constructed in such a way that it provides the DJ with the story/timeline of events with reference to any evidence/exhibit you wish to rely upon.

 

Don't go overboard though, the last thing you want is the j getting bored with repetitive points of dispute and protracted arguments.

 

Where you refer to an exhibit note it accordingly within the w/s ( provide it with a reference.... ex1, ex2 etc etc) and attach to bundle for service and filing.

 

Probably best that its in your own words but by all means attach a copy on here as it may promote suggestions.

[slick132]

Hi Danielle,

 

It occurred to me last night that you should include relevant references to the case of The OFT v Ashbourne Mgt Services Ltd. This gives clear guidance on what Mr Justice Kitchin thought was acceptable as notice of cancellation by a consumer with regard to an agreement or contract.

 

[Danie1le]

Thanks for the advice, I will start working on putting a proper folder together with references as well as a witness statement.

 

How would I go about referencing the OFT v Ashbourne case? Would I quote from it or just refer to it, and which parts?

 

Thank you!

[slick132]

You can refer to it and mention the specific parts of either the full ruling or the Penal Order made against AMSL.

 

The main point I would want to put across is that an agreement or contract can be cancelled by the consumer in various ways and it does NOT have to be done ONLY in the manner set out in T&C's given by the supplier.

 

Use the AMSL case thread in the Gym Forum Stickies to find the main ruling from 2011 and the subsequent Penal Order made by the Judge. If you need help on this, just shout.

 

Edited September 14, 2013 by slick132
typo

[Danie1le]

Thank you, I may do, I will have a look at it over the weekend though.

 

The mediation appointment has been confirmed for Friday 4th October.

[Danie1le]

I think I will need help in how to refer to or quote from the AMSL case, I have tried to read the full ruling but a lot of t is going straight over my head, I am not sure which parts specifically are relevant to my case.

 

Any help is appreciated. Many Thanks

[slick132]

OK Danielle,

 

Apart from reference to the AMSL case, have you put anything together yet to submit as your evidence in defence of the claim ?

 

[Danie1le]

I have mainly written a witness statement, I have been concentrating on that so I can use it as a guide during mediation next week.. but I would also like to mention the AMSL case to the mediators too, I just don't know how to, should I include it in my witness statement?

 

I do have a folder with some screen shots and print outs. It just needs organising.

[slick132]

Hi D,

 

I don't think you need refer to the AMSL case in your Witness Statement (WS). The WS is simply a brief factual description of events, setting out a simple line of events with dates as seen from your point of view.

 

The key points of the AMSL ruling are that Mr Justice Kitchin confirmed that an agreement can be terminated in several ways, not in specific or limited ways that may work to the consumer's detriment. I would include something like :-

 

10. The claimant's insisted that the contract/agreement could only be cancelled in a specific manner, which was unfair and prejudiced the defendant.

 

11. In the case of The OFT v Ashbourne Management Services Ltd [[2011] EWHC 1237 (Ch)] , Mr Justice Kitchin referred to gym membership agreements and the specific way in which members were required to give notice to cancel.

 

12. In the Penal Order made by Mr Justice Kitchin against AMSL in August 2011, at 16(ii) he said, "For the avoidance of doubt: an individual gym member may terminate an agreement by giving a gym club, or AMSL or agent or employee of the gym club, notice by words or conduct that he or she (a) has ended the agreement (b) intends to end it or © believes that it ought to be ended, whether by a written statement in a letter or an email, by an oral statement made during a meeting or a phone call, by cancellation of a direct debit mandate, or otherwise."

 

13. The defendant claims that the manner in which she cancelled any agreement with the claimant was sufficient to end the agreement.

 

The numbers are just to show how the evidence can be set out into small paragraphs.

 

[slick132]

I'm going to run my advice above by other Site Team members to check they agree..................

 

[Danie1le]

So I have the mediation coming up on Friday, I am not comfortable on the phone...does anybody have any advice on how best to approach this?