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help with counter claim vodafone


the thinker
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Hi the thinker,

 

Naturally I don't know what stage you're at with proceedings here but should you like me to take a look at the concerns you've got about the account you had with us could you email me with your details via the Contact us form here and quote the code WRT135 - CAG Forum in the subject line?

 

Once sent you'll receive an automated reply with a reference number. To ensure that it reaches me could you update the thread with this and I'll get back to you as soon as possible?

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

 

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Hello and Welcome the thinker, I have started a new thread for you.

 

Regards,

 

Scott.

Any advice I give is honest and in good faith.:)

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  • 8 months later...

I think you need to explain a little further thinker

 

" i had a court case settled " You are the claimant ? what do you mean by settled?

 

" as vodafoneicon have filed in an application to counter claim. " What can they claim from you? Do you mean set a side?

 

Regards

 

Andy

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hi,

i was the claimant and i withdrew my claim in june,13? i phoned local court (23/08/13)and they said that your claim is settled but vodafones solicitors have made an application for a counter claim against you. i have not heard from the court until i got letter sent two weeks ago telling me to attend oct,13 for there application to be heard. voda are claiming £316.00 for the remaining contract ( i think) but i havent had anything in what there application is about. i have sent 3 letters to voda for verification of debt but they sent me invoices totalling the above, what should i do? do i need to attend or send letters back to court

thanx

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You need a copy of the counter claim and also a copy of their application.If you scan a copy of the court letter telling you to attend in October (less any identifiable data)

 

Was you aware that they had made a CC when you withdrew the claim ?

 

Regards

 

Andy

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i havent seen counter claim or their application, only a letter (i threw it in bin) i wasnt aware until they made a cc until i received letter from courts telling me to attend court october for there cc application.since june,13 i have no letters or nothing except letter 2 weeks ago

regards

nigel

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Ask the courts for copies then...you cant be expected to attend an hearing with no knowledge of why you are there...they (Defendant & Court) should have served a copy of the CC and the application to you anyway.

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update,

i wrote letter to court to say i wish to dis- continue with claim on the 13/06/13. voda put in application to counter claim on the 12/06/13 as they said i owe them money.

court said that there application has been served.

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Well if you have not had a copy of their application or CC then you still need copies.Question..... did they have permission to submit a CC on the 12/6/13 as the period to respond would have expired they should have submitted their CC with their defence.

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Wll you have until October to prepare your defence of their CC I would suggest you start following/actioning some of the advice I have advised above.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part20

 

Defendant’s counterclaim against the claimant

20.4

(1) A defendant may make a counterclaim against a claimant by filing particulars of the counterclaim.

(2) A defendant may make a counterclaim against a claimant –

(a) without the court’s permission if he files it with his defence; or

(b) at any other time with the court’s permission.

(Part 15 makes provision for a defence to a claim and applies to a defence to a counterclaim by virtue of rule 20.3).

(3) Part 10 (acknowledgment of service) does not apply to a claimant who wishes to defend a counterclaim.

 

 

With regards to the application made by the defendant :-

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23

 

Regards

 

Andy

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Have they included a copy of the counter claim ?

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no!!! i ask court and solicitors,it wansnt in letter this morning requested from solicitors!!! what i can gather is solicitors wrote letter to court received on 31/07/13 saying they were unhappy i withdrew claim and want costs

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Ok well looking at that response its with regards to wasted costs because you discontinued the claim.

 

Procedure for discontinuing

 

CPR38.3

 

(1) To discontinue a claim or part of a claim, a claimant must –

(a) file a notice of discontinuance; and

(b) serve a copy of it on every other party to the proceedings.

(2) The claimant must state in the notice of discontinuance which he files that he has served notice of discontinuance on every other party to the proceedings.

(3) Where the claimant needs the consent of some other party, a copy of the necessary consent must be attached to the notice of discontinuance.

(4) Where there is more than one defendant, the notice of discontinuance must specify against which defendants the claim is discontinued.

 

Liability for costs

 

CPR38.6

 

(1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.

(2) If proceedings are only partly discontinued –

(a) the claimant is liable under paragraph (1) for costs relating only to the part of the proceedings which he is discontinuing; and

(b) unless the court orders otherwise, the costs which the claimant is liable to pay must not be assessed until the conclusion of the rest of the proceedings.

(3) This rule does not apply to claims allocated to the small claims track.

 

(Rule 44.12 provides for the basis of assessment where the right to costs arises on discontinuance and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007)

 

So they can not claim wasted costs as the claim was Small Claims Track...that is all you need to state at the forth coming hearing.

 

Regards

 

Andy

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I think it would be civil to just inform them (the Solicitor) of the above and ask them to withdraw their CC and vacate the hearing.State that their impending hearing for wasted costs is not applicable as the matter was of the Small Claims Track and refer them to CPR 38.6.(PD3)

 

Regards

 

Andy

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And also that they have failed to enclose a copy of their Defence and Counter claim within that letter.

We could do with some help from you.

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thanx

do i put in (Rule 44.12 provides for the basis of assessment where the right to costs arises on discontinuance and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007) also

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No requirement...wasted costs do not apply to small claim costs CPR 38.6.(PD3) .....end of.

We could do with some help from you.

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