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

[Danie1le]

Thank you so much for your help and sorry for my lack of replies this on this thread week, things have been extremely busy with work, I should have more time to look at everything this weekend including putting everything in bullet pointed chronological order. I have already acknowledged the claim though indicating that I intend to fully defend the claim.

 

Unfortunately I don't have any screen shots of their website before they started making changes, I have already been keeping things in a file though - I do have a copy of their website terms and conditions (the terms and conditions that I read) and the same terms and conditions now (which now indicate further terms. I also have copies of all e-mails and all correspondence between Paul Careless and myself, as well as a printout from PayPayl showing that I cancelled the same day.

 

The video in this thread was never to my knowledge on the Legal Care website, it is a video by one of their 'associates' advertising their service though.! In general Legal Care seem more interested in getting 'associates' than anything else - just type 'Legal Care' into YouTube.

[Eversir]

I have screenshots I'm happy to provide from the 9th April before they started making changes to their website. Can Daniele use that?

[BankFodder]

Please email us on our admin address.

I'd like to see a good quality scan of the POC

[BankFodder]

All sceenshots are useful but let me say that even with their amended website, there is no basis for their cancellation charges and also there is no basis for their refusal to accept cancellation through Paypal.

I think that someone needs to refuse to settle any kind of payment and to take this through to judgment.

[Eversir]

Didn't think at the time to be honest - they are just the site terms. The ones available at the moment are the same apart from this additional clause which they added recently: "There are separate terms and conditions for our free trial and subscription service."

 

The real bone of contention was the fact they have hidden additional terms via a vague link during the sign-up process, I have copies of these terms sent to me by LegalCare if Danielle doesn't have these already.

[BankFodder]

Can you let me have a copy of those terms as well please.

Ta

[Migster]

There's a cahced version of their 'LegalCare Service' page here, dating to14th October 2012. If you scroll to the bottom you'll see that the additional text relating to the 14 day trial and 12 month subscription is not there. http://web.archive.org/web/20121014082429/http://www.legalcare.co.uk/legalcare-service

 

Here's the 'How It Works' page from 22nd October. No mention of teh £19 per month fee that now features on the current version of teh website. http://web.archive.org/web/20121022051831/http://www.legalcare.co.uk/how-it-works

[BankFodder]

Yes, thanks. I had found those pages on the wayback machine already.

[Jez(UK)]

This message was posted on here by **** and then deleted for some reason - here is what that person posted on here earlier (at 0959, 29.06.13).

 

To me it reads as someone who is disgruntled by LegalCare's treatment of their MLM associates !

 

 

*_WHY YOU SHOULD NOT JOIN LEGALCARE_* I JOINED AT THE START MY WEB SITE WAS NOT READY, I LOST A MONTH OF POSSIBLE INCOME. I WAS PROMISED LEADS I GOT ONE I WAS SUPPOSED TO GET A MONTHLY UPDATE FROM MY INTRODUCER IT NEVER HAPPENED AND HE WAS “ONLY ATHE END OF THE PHONE” WHEN I HAVE PHONED HIM HE'S EITHER BEEN ILL OR BUSY WITH SOMETHING ELSE. I had the same threatening letters I went to the C.A.B who put me in touch with a solicitor who gave 1 hour free and after he wrote to them they backed down.

[ims21]

That post is here Jez

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?395574-Why-you-should-not-join-Legalcare&p=4273785&highlight=legalcare#post4273785

[Danie1le]

Thank you so much for the help, it is much appreciated. I have managed to get together everything I have and have e-mailed the address provided. If you need anything else please let me know.

[BankFodder]

Please will you get screenshots of Paypal's cancellation blurb which you have already referred to

[Danie1le]

No problem, I thought I had forgotten something. I have just sent them

[BankFodder]

Yes, but that doesn't show us where it says that by cancelling this, you have cancelled the transaction etc.

[Danie1le]

I did have e-mail confirmation but unfortunately don't have it anymore, but the screen shots do show that I cancelled the same day. I had forgotten about the whole thing - It was almost a month afterwards until Legal Care contacted me.

[BankFodder]

Then I suggest that you find some way of getting to the Paypal screen which confirms the cancellation. A shame that you are losing important material

[Danie1le]

I'm sorry, I have just spent a good while on PayPal trying to find further confirmation or to see if I could get the confirmation resent. However I don't understand how the screen shots I have provided are not important?

 

They both show that the account was created and cancelled on 16th March, which backs up what I have been saying.

 

http://img.photobucket.com/albums/v297/dazza_stoke/PayPalScreenShot02.png?t=1372607685

 

http://img.photobucket.com/albums/v297/dazza_stoke/PayPalScreenShot01.png?t=1372607682

 

PayPal's own definition for 'Cancelled' means "The Subscription has been cancelled"

 

http://img.photobucket.com/albums/v297/dazza_stoke/PayPalScreenShot03.png?t=1372607682

[tim d]

Hi Danie1le

 

Do you have issues with pay pal as well as legalcare

[Danie1le]

Hi Tim, I don't have any issues with PayPal.

[tim d]

Hi Danie1le, I apologise my mistake regarding pay pal. The advice I will give you is to keep pushing they refused all my claims until I took the matter to a solicitor.

[Danie1le]

It has been over two weeks now since the case was opened and I am still no clearer on how to write or respond with my defence - my plan would be something similar to my opening post to this thread. I believe I have until July 22nd so I really need to get it posted out towards the end of next week. Any help or advice is appreciated.

[BankFodder]

I suggest you put

 

I don't owe the claimant any money. I used a free trial offer and cancelled through PayPal the same day. The cancellation was properly brought to the notice of the claimant through Paypal's own system. The claimant is now attempting to insert new terms into their contract. The defendant knows that there are similar complaints about the claimants behaviour on the internet. Also, if there was a contract then the fee for cancellation is disproportionate under the UTCCR or an unenforceable penalty

 

 

Check that this is all true and that you can prove it in court and then send it off.

Edited July 10, 2013 by slick132
Added "knows" to read "The defendant KNOWS that there are......."

[tim d]

Hi Danie1le,

 

Any contract must be fair to all parties the other party cannot use verifications to erode your rights.

 

Please speak to a solicitor or C.A.B who will tell you the law.

 

Kind Regards

tim d:-)

[Danie1le]

Thank you so much for your help, I really appreciate it.

 

How would I go about using or quoting the OFT v Ashbourne case as part of my defence?

 

Am I right in thinking that I need to send a separate set of particulars to Legal Care as they have done with me?

[slick132]

Hi Danielle,

 

Re the AMSL case, Bankfodder will probably comment on it's relevance but I'd suggest you add to the simple defence he's put in post #47 above :-

 

The ruling in the High Court case of The OFT v Ashbourne Management Services Ltd makes reference to acceptable means of cancellation of membership or subscription and precedents made in that case will be relied upon by the defendant.

 

I assume you've already returned the Acknowledgement of Claim to the court.

 

If so, you need to check you and we are all happy with the defence, then file it with the court by the due date. You can send a copy of the defence to the claimant but the court will do this anyway.

 

Do not miss any deadlines.