help with counter claim vodafone

[the thinker]

andy,

could i take legal action on solicitor by getting my information from voda, i mean does a deed of assignment (transfer of rights,duties and obligations to a third party) and "notice of fair process"( compliance with OFT guidelines) are everything, these give them standing to hold your data but their is more. so my thinking is that if i ask the Information Commissioner have the solicitors registered with them, If their is no deed of assignment or proof of agency then they are acting illegally.

If they do have assignment and have not registered with the info commissioner then they are acting illegally. Also under the rights of master and servant the original creditor is ultimately responsable for his servant. should solicitors have a "Letter of Authority" to act on the creditors behalf as agent. If they have neither then they are in breach of the data protection act,privacy laws and human rights laws (by causing me harm) Both the voda and solicitors. could i start a claim against solicitors? what do you think

thanx

[AndyOrch]

The solicitor is only acting for the claimant and is at no time liable for its(their) actions...if you are thinking of resurrecting this claim then you would have to approach it from a different angle and word it considerably different.

You would require the permission of the court to then re present the claim as the defendant submitted a defence to your previous claim.

 

Regards

 

Andy

[the thinker]

i should really leave it now n see what happens

thanx

[the thinker]

andy,

voda and solicitors are still continuing with claim for costs and £316 for none contract terms.

thanx

ps i ask solicitors and courts for defence n counterclaim forms

[AndyOrch]

They would only get costs in SCT if the DJ thinks you have been vexatious.

[the thinker]

andy.

if i ask the solicitors for deed of assignment ( they are stating that i owe voda £316 and deed of assignment transfer of rights,duties and obligations to a third party) these assignments are right, title and interest and it comes under property law and if they refuse to provide this, they've committed trespass on that property.... i.e. they have no right to be claiming that thing as property....so it's trespass,and first hand knowledge of the matter.

so could i get the solicitors out of the case for not providing it and make a claim against them for trespass?

just a thought

regards

[AndyOrch]

I personally would just concentrate on fighting their costs claim for now thinker.

[the thinker]

[ATTACH=CONFIG]46598[/ATTACH]andy,

regards to costs- the defendant seeks costs for your continued unreasonable behaviour under cpr 27.14 which is applicable regardless of the matter being in a small claims track and/ or you seeking to discontinue your claim

regards

Edited September 26, 2013 by the thinker

[AndyOrch]

Discontinuing a claim is not regarded as being vexatious or unreasonable It is normally where a party has not acted in accordance with directions, a case of dishonesty, or a claim is exaggerated.

 

You have none of these.

 

Small claims is meant for quick and informal disposal of claims.

 

CPR27.14

 

(1) This rule applies to any case which has been allocated to the small claims track unless paragraph (5) applies.

(Rules 46.11 and 46.13 make provision in relation to orders for costs made before a claim has been allocated to the small claims track)

(2) The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those relating to an appeal, except –

(a) the fixed costs attributable to issuing the claim which –

(i) are payable under Part 45; or

(ii) would be payable under Part 45 if that Part applied to the claim;

(b) in proceedings which included a claim for an injunction or an order for specific performance a sum not exceeding the amount specified in Practice Direction 27 for legal advice and assistance relating to that claim;

© any court fees paid by that other party;

(d) expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing;

(e) a sum not exceeding the amount specified in Practice Direction 27 for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purposes of attending a hearing;

(f) a sum not exceeding the amount specified in Practice Direction 27 for an expert’s fees;

(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably; and

(h) the Stage 1 and, where relevant, the Stage 2 fixed costs in rule 45.18 where –

(i) the claim was within the scope of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (‘the RTA Protocol’) or the Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (‘the EL/PL Protocol’);

(ii) the claimant reasonably believed that the claim was valued at more than the small claims track limit in accordance with paragraph 4.1(4) of the relevant Protocol; and

(iii) the defendant admitted liability under the process set out in the relevant Protocol; but

(iv) the defendant did not pay those Stage 1 and, where relevant, Stage 2 fixed costs; and

(i) in an appeal, the cost of any approved transcript reasonably incurred.

(3) A party’s rejection of an offer in settlement will not of itself constitute unreasonable behaviour under paragraph (2)(g) but the court may take it into consideration when it is applying the unreasonableness test.

(4) The limits on costs imposed by this rule also apply to any fee or reward for acting on behalf of a party to the proceedings charged by a person exercising a right of audience by virtue of an order under section 11 of the Courts and Legal Services Act 19901 (a lay representative).

 

Omitted/ 5 Where – a the financial value of a claim exceeds the limit for the small claims track; but b the claim has been allocated to the small claims track in accordance with rule 26.7(3), the small claims track costs provisions will apply unless the parties agree that the fast track costs provisions are to apply.

 

Regards

 

Andy

[the thinker]

andy,

what do i do or write now.

thanx

[AndyOrch]

I would just submit a Witness Statement...a response to their CC (you have now received a copy?) Serve this on the Court and Pt20 Claimant not less than 7 days before the hearing stating the above...refer to the pursuant CPR above (not word for word) as to why they should be denied any relief with regards to Wasted Costs in the SCT>......

 

If you feel that its not going your way and the DJ appears to be siding with them then expand on your reasons for Discontinuance and that you have not behaved vexatiously...verbally.

[the thinker]

court 1/10/13 at 10 30am

[AndyOrch]

Better get cracking then thinker only 4 days remaining.

 

Regards

 

Andy

[the thinker]

andy,

just came back from court and judge said " serve bundle of papers on me to be served by 22/10/13. then i have to respond to the court on there counter claim and there defence. by 05/11/13. counter claim and defence submitted on the 18/12/13. the outstanding balance on the account owed by the claimant £316.59.this amount is inclusive of an early termination fee for cancellation prior to the end of the contract term pursuant to clause 2 of the contract.the defendant counterclaim for this sum and for contractual interest pursuant to clause 5b of the contract at a rate of 2% above the base of barclays bank

thanx

[AndyOrch]

Means nothing to me that thinker...I dont know what your claim was... what their defence was.... why you discontinued .....why they have counter claimed and why its continuing..... considering you have discontinued the claim.

 

 

Regards

 

Andy

[the thinker]

hi,

all the answers from the above will be forward ie my claim,their defence,counter claim and case continuing. im waiting for all of this from court requested by the judge.

thanx