Chess Telecom Court Claim received.

[Thefatman]

Hi All,

 

This is for a friend.

 

My friend was running her own business. Her telecoms providers were chess telecom.

 

At some point Chess rang the business and spoke to a member of staff and sold the member of staff a new contract for the telephone services including broadband.

 

 

They then entered another 2 new contracts with same member of staff all the time extending the term of the contract.

They never contacted the account holder at any point to advise or welcome to new contract etc.

 

In Feb 2014 my friend sells the business and contacts all suppliers advising of notice and asking for final accounts etc.

Chess do not respond.

Needless to say Chess then stopped receiving payments.

 

They then after a few month write to the member of staff who took out the contracts.

I have heard the recordings of the contracts and the member of staff does say that he is the owner of the business.

 

 

After letters back and fothr they sue the member of staff and take him to court.

 

 

He convinces the court that he took out the new contracts for his employer.

Despite the employer knowing nothing of it.

The court dismiss the case and chess leave with nothing.

 

Now chess start chasing my friend the employer.

As far as she is concearned the only contract that existed was one she signed physically with a sales agent about 2 years prior.

 

 

Chess are threatening to sue her for £2200 in termination fees.

They are using the contracts agreed to by the employee ( in which he said he was the sole trader )

as reason to sue her for leaving a 2 year contract early.

A contract of which she had no knowledge.

 

Chess are refusing to send to an Alternative Dispute Service as the case has already been to court albeit in a different name.

 

This is a really messy case.

Chess have increased the monthly charge without notice

which in my opinion under ofcoms rules forms a material detriment

so even if she were liable she should have had an exit option on these contracts.

 

She had 2 phone lines at £10.89PCM and broadband at £38.99 PCM

they have billed her as termination fees

£60 PCM for the broadband and

£20 PCM for the phone lines.

 

She has tried contacting company directors and they simply ignore her letters.

 

Apologies for the long post any advise would be greatly appreciated

[CrappoMan]

...They are using the contracts agreed to by the employee ( in which he said he was the sole trader ) as reason to sue her for leaving a 2 year contract early. A contract of which she had no knowledge...

 

Did he give his name as the sole trader or her name ?

If his name, isn't the contract then in his name ?

If her name, isn't that identity theft or fraud (he took out a contract in someone else's name). And why didn't the telephone monkey not query his name being Victoria or Susan or Joanne or some other female name ?

[shamrocker]

I would imagine one well worded letter outlining the facts, and sent by Recorded Delivery would be a good start. Then just ignore future correspondence and carry on with life - see if they then commence legal action. If so, include said letter in any future witness statement and apply to the court for costs after winning the case.

 

Sham

[Thefatman]

Did he give his name as the sole trader or her name ?

If his name, isn't the contract then in his name ?

If her name, isn't that identity theft or fraud (he took out a contract in someone else's name). And why didn't the telephone monkey not query his name being Victoria or Susan or Joanne or some other female name ?

 

Yes they sued him as Mr ***** T/a********* and because he said he had taken the contract out for his employer they are now claiming to sue her. They have even admitted prior to his court hearing they have no record of my friends name on the account at all !!

 

The original contract that my friend signed has even been destroyed by them !

 

My friend is also petrified of having to go to court should they call her bluff.

 

If she instructs a solicitor to attend for her if she wins can she recover the solicitors fees from them ??

 

Thanks in advance all

[CrappoMan]

If they sued him as "Mr ***** T/a*********", then how can he have an employer ??? As a sole trader, he is his own employer.

 

As has been said, a well worded letter telling them the facts and pointing out their failings should be all thats needed.

[AndyOrch]

Thread moved the appropriate forum.

 

Regards

 

Andy

[Thefatman]

Thanks crappoman. Letters have already been sent but they do seem intent on taking her to court. I am of the same opinion as you being they have no case whatsoever.

 

Just wanted other opinions

[SabreSheep]

If it goes to small claims, getting costs for representation is extremely unlikely as costs are capped.

 

It is unlikely that opened would be needed anyway.. You can receive guidance from here.

 

Maybe 1 final letter stating that the contracts were created with someone without the authorisation to do so and therefore you/company are not liable and there is no case to answer.

Any legal actions shall be deemed vexatious and defended rigorously and on this basis an order for costs shall be sought against them.

[Thefatman]

If it goes to small claims, getting costs for representation is extremely unlikely as costs are capped.

 

It is unlikely that opened would be needed anyway.. You can receive guidance from here.

 

Maybe 1 final letter stating that the contracts were created with someone without the authorisation to do so and therefore you/company are not liable and there is no case to answer.

Any legal actions shall be deemed vexatious and defended rigorously and on this basis an order for costs shall be sought against them.

 

Thanks SabreSheep.

 

Will do as you have advised.

 

I will keep you posted

[Thefatman]

Hi all.

 

Does anyone know is there a way of searching previous conty court cases and there outcomes by litigant ?

 

As such you could see all cases brought by HSBC vs *** etc ?

 

TIA

[citizenB]

I am not sure that County Court cases do publish their Judgments. However, I will ask for you.

[Thefatman]

Many thanks CitizenB

[citizenB]

http://www.nationalarchives.gov.uk/help-with-your-research/research-guides/criminal-courts-england-wales-from-1972/

 

 

 

Here you go, hope this helps. provided by andyorch

[Thefatman]

Many Thanks for your help

 

No records for civil litigation.

 

was trying to prove that a company was a serial vexatious litigator

[AndyOrch]

Which Company ?

[Ganymede]

Many Thanks for your help

 

No records for civil litigation.

 

was trying to prove that a company was a serial vexatious litigator

 

Unless a County Court case is reported there will be no public record of the outcome.

 

Only a tiny percent of civil claims at that level are reported.

[Thefatman]

Which Company ?

 

Chess limited aka chess telecom

 

Thanks

[richard_se11]

The gov.uk website has a section on who the courts have deemed to be vexatious litigants, and site has a definition of the same. There is of course there is a proper definition in the CPR

 

https://www.gov.uk/guidance/vexatious-litigants

 

What have they done to suggest they are a vexatious litigant?

[Thefatman]

They are threatening legal action to recover fees on an account in someone elses name. There seems to be stories of other cases where they have initiated court action only to withdraw at the last minute or have the case dismissed due to lack of eviodence.

[richard_se11]

I am not sure whether that would make them a vexatious litigant. There is an example of what does amount to being a vexatious litigant on the BBC website at http://www.bbc.co.uk/news/uk-northern-ireland-34962469

[dx100uk]

old and new threads merged for history.

 

 

dx

[AndyOrch]

Thread moved to the correct forum.

[ericsbrother]

Vex is suing the same person twice for the same thing or wrecklessly or without cause at least 6 times.

 

You then apply to the courts to have the person named as a vexatious litigant and they become barred from suing anyone.

 

I would have thought that in this case just getting the details of the previous claim against the employee will leave them dead in the water as it would be proven that

1) there is no case to answer and

2) their claim had already been considered and dismissed.

 

However, that still doesnt stop them threatening things so a way forward is to do a SAR and get the contract copy along with the phone call tape.

 

If they say that the data is someone leses so they cant supply it under the DPA then they are damned by their own words as they admit no liability.

 

The failed previous claim seems to prove no vicarious liability on your part but beware of them claiming that there is (ie any employee can sign things off and you are liable- that would be for them to prove this is so

 

and that becomes a he said she said thing unless the employment contract limits the responsibilities and autonomy of the employee) .

[Thefatman]

Thanks guys. She filed a SAR which is due no later than tomorrow. They have acknowledged the SAR request and have stated that they will have their response with her by 5th Dec. She has received a letter today in response to the fact that it is vexatious litigation which of course they deny. I will upload a copy of the letter when I see her over the weekend.

[Thefatman]

I have again listened to the recordings for all three contracts that Chess are pursuing. In the first my friends employee says he is the sole proprietor in the 2nd and 3rd he identifies himself as the manager. She has also discovered at the point of agreeing the contracts he was suffering clinical depression which he hid from everyone. This may go some way to explain his actions.

 

She is trying to find the employment contract, she can not remember if it says what his responsibilities were or were not, if and when she fiunds it I will post it.

 

Would it help if she got a statement from the ex-employee stating that in hindsight he understands he acted above his remit ?

 

I have attached a copy of the letter she sent to chess and their reply.

 

She has also written to company directotrs and the CEO but no one answers they simply forward the letters on to the Legal team.

 

Also I have noticed that during the minimum contract term they increased their prices without warning. Looking at Ofcoms website this to me appears to be of "material detriment" to her so even if she were bound by these contracts she should have been given an option to leave due to the price increases.

 

All help gratefully received

 

[ATTACH=CONFIG]60466[/ATTACH][ATTACH=CONFIG]60467[/ATTACH]