diskmandave vs aqua card - MCOL action - ** Settled/Cheque Banked **

[Mike_hawk]

Andy

 

I don't believe Dave checked the field for any detailed poc to follow, no mention of it at filing. The defendant has ack the claim as served. More detailed parts could I suppose be referred to within his reply to defence.

[Mike_hawk]

Dave

 

Could you post its defence as and when the court serve please.

[Mike_hawk]

Hi Dave

 

Should be (an option), once checked it applies the text for you. I filed 2 last week and it was working then.

I don't believe your detailed poc will be accepted as the claimant acknowledged the stated case as served.

 

Perhaps use your detailed parts in reply to defence as and when served.

 

CPR10.3 for reference, can't imagine it made the mistake of ack service absent particulars.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part10

[Mike_hawk]

May be best to hold fire Dave, it will file its defence and from that you'll be able to see what it intends to rely on. You only have one opportunity to reply so it would seem sensible to wait until you have sight of its case. Your reply may provide you with an opportunity to dispose of any issues and perhaps afford you a little leverage.

[Mike_hawk]

Yep... I absolutely agree m8..

But my point is that they are required to serve these documents on time, and living in the age we

do, there's no reason why they couldn't have been sent to me by email or guarenteed/signed delivery.

 

I dare say they would be crowing from the treetops should I miss a deadline.

 

File only Dave, the court serves the defence. Give it a couple of weeks to allow for the hols

[Mike_hawk]

Hi Dave

 

Not really necessary to write unless you feel the need to remind it that you have an option to reply.

 

You can file and serve reply together with DQ, my thoughts would be not to jump the gun though. Wait on service before replying, no brownie points for going in too soon mate.

 

Enjoy your crimbo holiday and wait on service in the new year.

[Mike_hawk]

Dave, opening hours for MCOL....... have a few cases on going at the mo hence the email correspondence

 

 

 

 

 

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Thank you.

[Mike_hawk]

Dave

 

 

Sorry mate, just been advised that the site is more interested in DCA involvement so not able to assist in the new year as this goes against the grain for me.

 

 

Your case should be fairly straightforward, Andy or steampowered have always seemed reasonable lads and will assist you in the future.

 

 

Best regards

 

 

Phil

[Mike_hawk]

mike it is not.

 

i'd be the first to scream otherwise.

 

dx

 

 

Best you speak to carol before posting dx

 

 

Cabot employees are given preference on here

 

 

Sorry, I know your intentions are well placed

 

 

Phil

[Mike_hawk]

Formal response paragraph by paragraph Mr Dave

 

All you need to state in the cover is 'by way of service please find enclosed', don't get into the nitty gritty of who, what, where and when.

[Mike_hawk]

Dave

 

Assume you are relying on 'mistake' s32 for aged charges?

[Mike_hawk]

 

 

 

Yes Mike...

 

Cool......... only limitation option for money claims

 

Shout if you need any help with reply

[Mike_hawk]

Not sure of the value Dave, if within the threshold for small claims [10k], part 27 applies although it should be noted that the court can remedy by reference to other parts if it believes it is just to do so.

 

PART 27 - THE SMALL CLAIMS TRACK

 

Extent to which other Parts apply

27.2

(1) The following Parts of these Rules do not apply to small claims –

(a) Part 25 (interim remedies) except as it relates to interim injunctions(GL);

(b) Part 31 (disclosure and inspection);

© Part 32 (evidence) except rule 32.1 (power of court to control evidence);

(d) Part 33 (miscellaneous rules about evidence);

(e) Part 35 (experts and assessors) except rules 35.1 (duty to restrict expert evidence), 35.3 (experts – overriding duty to the court), 35.7 (court’s power to direct that evidence is to be given by single joint expert) and 35.8 (instructions to a single joint expert);

(f) Subject to paragraph (3), Part 18 (further information);

(g) Part 36 (offers to settle); and

(h) Part 39 (hearings) except rule 39.2 (general rule– hearing to be in public).

(2) The other Parts of these Rules apply to small claims except to the extent that a rule limits such application.

(3) The court of its own initiative may order a party to provide further information if it considers it appropriate to do so

[Mike_hawk]

What prompted the service of info in 2008, did you make a specific request or was it on issue of a new credit token (expired or replacement card)?

 

If theres a suggestion that the original agreement were improperly executed it may serve you best in helping to overcome limitation bar on the earlier charges. I don't think I'd be writing to the other side unless I were absolutely sure of how the information would best serve my case.

[Mike_hawk]

I think that's sensible Dave, this could drag on for months with no guarantee of success

 

How has it suggested disposing of the claim?

[Mike_hawk]

I think I'd want it wrapped up within a consent, no protection from possible costs exposure if it wants to play silly buggers after you discontinue

[Mike_hawk]

I'll include that in the letter Mike..

 

OK ?

 

Needs a sealed order really Dave, it should understand that it protects both parties and is in its interests to agree..... the court can't order a withdrawal/discontinuance so the effect is that you would be consenting to dismissal of the case on agreed terms.

 

You could bell the other side and state that you agree to its value of settlement but that it should go a little further and agree to file [at its cost] a consent to dismiss.

 

Something along the following lines should suffice.......... Check with Andy or sp first though, can't see there's anything I've missed but as always its best to double check.

 

 

CONSENT ORDER

 

Upon the parties hereto having agreed the terms hereof

 

BY CONSENT IT IS HEREBY ORDERED THAT:

 

1. The Defendant do pay the Claimant the sum of £650.00 on or before xxxx (date).

 

2. Upon payment being made pursuant to Clause 1 herein the Claimant's claim be dismissed.

 

3. The parties agree that the terms of this Order are in full and final settlement of this claim numbered xxxxxx at xxxxx County Court inclusive of interest, costs and Court fees.

 

4. There be no order as to costs.

 

The parties agree to an Order being made in the above terms.

 

 

Dated xxxxx

 

 

Claimant xxxxxxxxxxxx

 

Defendant xxxxxxxxxxxx

[Mike_hawk]

If it settles later than you requested and you've filed the fee you should still be able to request a full refund within the sct

 

Fee 2.3 is payable by the claimant except where the action is proceeding

on the counterclaim alone, when it is payable by the defendant:

on the defendant filing a pre-trial check list; or

where the claim is on the small claims track or the court fixes the trial date

or trial week without the need for a pre-trial check list, within 14 days of

the date of despatch of the notice (or the date when oral notice is given

if no written notice is given) of the trial week or the trial date if no trial

week is fixed.

Where a case is on the multi-track or fast track and, after a hearing date

has been fixed, the court receives notice in writing from the party who

paid the hearing fee that the case has been settled or discontinued then the

following percentages of the hearing fee will be refunded:

(i) 100% if the court is notified more than 28 days before the hearing;

(ii) 75% if the court is notified between 15 and 28 days before the hearing;

(iii) 50% if the court is notified between 7 and 14 days before the hearing.

Where a case is on the small claims track and, after a hearing date has

been fixed, the court receives notice in writing from the party who paid the

hearing fee, at least 7 days before the date set for the hearing, that the case

has been settled or discontinued the hearing fee will be refunded in full.

[Mike_hawk]

Excellent news Dave