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Chess Telecom Court Claim received.


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She received the response to the SAR on Saturday too.

 

 

They have sent her a simple 1 page print out of her account details and photocopies of some 3rd party invoices that her employee submitted in his defence claim.

 

 

Nothing else at all.

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polite bump :)

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Ok they have issued a claim in the county court.

 

Can anyone please advise how to apply for the case to be struck out ?

 

TIA

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Thread moved to Financial Legal Issues in view of the claim.

 

Regards

 

Andy

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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HI all

 

Name of the Claimant ? Chess Telecom

 

Date of issue – 4th December

What is the claim for –POClink3.gif are :

 

1. The claimant claims the sum of £2234.02 due from the defendant to the claimant for unpaid invoices. ( invoice number s)

dated 31st October 2013 to 30th June 2015 in relation to telecommunications servoices supplied by the claimant to the defendant.

 

2. The claimant has made several demands for the monies outstandingwhich remains unpaid and constituites a breach of contract.

 

3. The claimant is is entitled to and claims interest persuant to the late payment of commercial debts (interest) act 1998,

on all sums found to be due from the invoice due dateat the rate of 8% per annum above the official Bank Of England base rate currently

set at 0.5% per annum, in the sum of £269.21 and at a daily rate of £0.52

 

4. The claimant is entitled to and claims statutory compensation, for the late payment of the commercial debt,

of £310 persuant to section 5A of the 1998 act

What is the value of the claim?

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Business land line and broadband

 

When did you enter into the original agreement before or after 2007? See notes below

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

Did you receive a Default Notice from the original creditor? ?

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no notice of default

 

Why did you cease payments? I sold the business. More details below

 

What was the date of your last payment? Dec 2013 or Jan 2014

 

Was there a dispute with the original creditor that remains unresolved? Yes

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No

 

 

Basically chess bought my account from my oprevious telephone provider back in 2012. IN feb 2014 due to family commitments I sold the business and wrote to all my suppliers asking for final accounts and issued them with the normal 30 day notices and gave them my home address.

 

I heard nothing from Chess Telecom until April - May this year. Aparently an employee I had took out new contracts with chess 3 seperate times. He told them he was the owner of the business and as such the account was Mr **** T/A *******. Obviously as I left the business I stopped the DD etc. Wel they took my former employee to court in March 2015 and sued him for the amount in the POC. When he went to court he managed to convince the judge that he set up the new accounts for me. The judge dismissed the caseand now chess are chasing me.

 

Now I never knew or had any idea that these new contracts had been set up, they never wrote to me advising of new contracts etc. My former employee did not have permission to enter in to ANY contract with ANYONE on my behalf. Just for clarification here we are not talking a massive business with loads of staff. There were 2 staff and me. Everytime this new contracts were entered into was on my day off.

 

She has received a SAR back from chess, the only thing they have sent her is a print out of her details from their system and copys of invoices her employee sent in to prove that the business was not in his name.

 

Does she have a case for getting the case struck out before it gets to a hearing ?

There are other reasons that should enable her to win in court, such as price rises during the term and changes of T&C all without notifications, but a strike out would be cheaper :)

[ATTACH=CONFIG]60509[/ATTACH

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Difficult to read your upload TFM...perhaps convert it to PDF and upload or better still just type out the particulars of claim ...(verbatim ) less any identifiable data.

 

Regards

 

Andy

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POC are :

 

1. The claimant claims the sum of £2234.02 due from the defendant to the claimant for unpaid invoices. ( invoice number s) dated 31st October 2013 to 30th June 2015 in relation to telecommunications servoices supplied by the claimant to the defendant.

2. The claimant has made several demands for the monies outstandingwhich remains unpaid and constituites a breach of contract.

3. The claimant is is entitled to and claims interest persuant to the late payment of commercial debts (interest) act 1998, on all sums found to be due from the invoice due dateat the rate of 8% per annum above the official Bank Of England base rate currently set at 0.5% per annum, in the sum of £269.21 and at a daily rate of £0.52

4. The claimant is entitled to and claims statutory compensation, for the late payment of the commercial debt, of £310 persuant to section 5A of the 1998 act

 

TIA

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Virgin Money CC - CCA Request Sent

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POC are :

 

1. The claimant claims the sum of £2234.02 due from the defendant to the claimant for unpaid invoices. ( invoice number s) dated 31st October 2013 to 30th June 2015 in relation to telecommunications servoices supplied by the claimant to the defendant.

2. The claimant has made several demands for the monies outstandingwhich remains unpaid and constituites a breach of contract.

3. The claimant is is entitled to and claims interest pursuant to the late payment of commercial debts (interest) act 1998, on all sums found to be due from the invoice due dated the rate of 8% per annum above the official Bank Of England base rate currently set at 0.5% per annum, in the sum of £269.21 and at a daily rate of £0.52

 

4. The claimant is entitled to and claims statutory compensation, for the late payment of the commercial debt, of £310 persuant to section 5A of the 1998 act

 

TIA

 

Many thanks....

 

I think first port of call...is to acknowledge service of the claim ...this can be done on line once you have registered to use the service...password should already be on your N1.

 

Then a CPR 31.14 request requesting sight and disclosure of the above which I have hi lighted for you.

 

The template can be found in the Legal Library...you will have to edit to suit your requirements as this is not the norm that the template is designed for.

 

As a side note the claimant cant claim both section 69 interest and statutory compensation, for the late payment of the commercial debt, of £310 pursuant to section 5A of the 1998 act...its one of the other...if its business to business then it should only be the later.

 

Regards

 

Andy

We could do with some help from you.

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Thanks Andy. Do you think she has grounds to apply for it to be struck out as the case has already been before a court. Albeit in some one else's name?

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Ambrose Wilson Catalogue - NO CCA - Account Closed Set To Zero

Virgin Money CC - CCA Request Sent

Capital One CC - CPR 31:16 Sent - LBA Sent

Barclaycard CC - CPR 31:16 Sent

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Funding Corporation - SAR Sent

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Thanks Andy. Do you think she has grounds to apply for it to be struck out as the case has already been before a court. Albeit in some one else's name?

 

Afraid not...only if it was against the same person.

We could do with some help from you.

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Hi Andy.

 

asking for the following. is this ok ?

 

1: True copies of all unpaid invoices.

 

2: True copies of all demands for payment.

 

3: Notices of the breach of contract issued.

 

4. Copy or recording of the contracts on which this claim relies

 

Not sure if it matters, but they have been remined of CPR before. In the fact that they have been asked to refer to an ADR but have refused on the grounds that the case has already been to court.

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Ambrose Wilson Catalogue - NO CCA - Account Closed Set To Zero

Virgin Money CC - CCA Request Sent

Capital One CC - CPR 31:16 Sent - LBA Sent

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Funding Corporation - SAR Sent

Link Financial - SAR Sent

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You may not get 4......as they dont refer to it within their pleadings.

We could do with some help from you.

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No worries I will leave that one off :) Thanks Andy

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HSBC Business Bank Charges - Settled

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Alliance Leicester Business Bank Charges - SAR Sent

 

Ambrose Wilson Catalogue - NO CCA - Account Closed Set To Zero

Virgin Money CC - CCA Request Sent

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  • 2 weeks later...

Morning all.

 

My friend had a response back from chess in relation to the CPR letter which I will post in a few minutes.

 

First though

I have uploaded their response to a SAR earlier this month in which they disclose no infiormation

and then clarify that they have nothing more in my friends name.

 

here is the response to the CPR request.

 

They have sent a covering letter, copy invoices and a string of e mails they claim were sent during 2014.

 

However

she wrote to Chess in Feb 2014 advising she was ceasing to trade, all these e mails are March 2014 or later.

 

None of these e mails came up in the SAR request.

 

Every e mail is addressed to the former employee Mr *******

 

Having seen the file when they took the former employee to court none of these e mails were produced then either.

So I am unsure if these e mails are genuine.

 

Then there is a letter that was sent to my friend in June this year.

This was the first contact she received from chess.

 

 

However they claim not to have received the letter sent in Feb 2014 advising of ceasing to trade and giving her home address.

They claim they got her home address from an internet search,

yet the results of an internet search is not disclosed in the SAR response either.

 

The rest of the emails. Wouldnt let me add them all to one post :)

 

Sorry something else I just noticed.

 

The cancellation charges which are main part of the amount claimed. acording to the invoice attached were added to the account on 1st June 2014.

Yet the e mail demanding payment in July is less than the amount of the cancellation charges.

 

Thus making me beleive more that the e mails are fabricated

 

I have just come across this online

 

https://civillitigationbrief.wordpress.com/2014/01/03/second-action-struck-out-as-an-abuse-of-process-report-of-first-instance-decision/

 

Could the same argument not be made in this case for a strike out.

That being that the case has already been heard by a judge

and the same case is being brought before the court again only with a different defendant ?

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Ambrose Wilson Catalogue - NO CCA - Account Closed Set To Zero

Virgin Money CC - CCA Request Sent

Capital One CC - CPR 31:16 Sent - LBA Sent

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Funding Corporation - SAR Sent

Link Financial - SAR Sent

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Polite bump. Anyone ?

HSBC Bank Charges - County Court Claim - Settled

HSBC Bank Charges Round 2 - Settled

HSBC Business Bank Charges - Settled

Alliance Leicester Bank Charges - SAR Sent

Alliance Leicester Business Bank Charges - SAR Sent

 

Ambrose Wilson Catalogue - NO CCA - Account Closed Set To Zero

Virgin Money CC - CCA Request Sent

Capital One CC - CPR 31:16 Sent - LBA Sent

Barclaycard CC - CPR 31:16 Sent

HSBC CC - CCA Request Sent

Funding Corporation - SAR Sent

Link Financial - SAR Sent

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I've merged what you posted into one multipage PDF.

 

 

if you want to upload

 

 

scan pages it to jpg

redact them

put ALL the pages into ONE word.doc

then file

save as .pdf

and upload that.

 

 

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Documents re attached :)

chess legal reply .pdf

Edited by dx100uk
9Mb pdf reduced to .3Mb - dx

HSBC Bank Charges - County Court Claim - Settled

HSBC Bank Charges Round 2 - Settled

HSBC Business Bank Charges - Settled

Alliance Leicester Bank Charges - SAR Sent

Alliance Leicester Business Bank Charges - SAR Sent

 

Ambrose Wilson Catalogue - NO CCA - Account Closed Set To Zero

Virgin Money CC - CCA Request Sent

Capital One CC - CPR 31:16 Sent - LBA Sent

Barclaycard CC - CPR 31:16 Sent

HSBC CC - CCA Request Sent

Funding Corporation - SAR Sent

Link Financial - SAR Sent

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Defence needs to be filed today or tomorrow. Anyone with any advice ??

 

TFM

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Alliance Leicester Business Bank Charges - SAR Sent

 

Ambrose Wilson Catalogue - NO CCA - Account Closed Set To Zero

Virgin Money CC - CCA Request Sent

Capital One CC - CPR 31:16 Sent - LBA Sent

Barclaycard CC - CPR 31:16 Sent

HSBC CC - CCA Request Sent

Funding Corporation - SAR Sent

Link Financial - SAR Sent

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It will have to be later this evening TFM...then you can finalise and submit it tomorrow.

 

Regards

 

Andy

We could do with some help from you.

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It will have to be later this evening TFM...then you can finalise and submit it tomorrow.

 

Regards

 

Andy

 

Thanks Andy 😊

HSBC Bank Charges - County Court Claim - Settled

HSBC Bank Charges Round 2 - Settled

HSBC Business Bank Charges - Settled

Alliance Leicester Bank Charges - SAR Sent

Alliance Leicester Business Bank Charges - SAR Sent

 

Ambrose Wilson Catalogue - NO CCA - Account Closed Set To Zero

Virgin Money CC - CCA Request Sent

Capital One CC - CPR 31:16 Sent - LBA Sent

Barclaycard CC - CPR 31:16 Sent

HSBC CC - CCA Request Sent

Funding Corporation - SAR Sent

Link Financial - SAR Sent

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What is the claim for –POC are :

 

1. The claimant claims the sum of £2234.02 due from the defendant to the claimant for unpaid invoices. ( invoice number s)

dated 31st October 2013 to 30th June 2015 in relation to telecommunications services supplied by the claimant to the defendant.

 

2. The claimant has made several demands for the monies outstanding which remains unpaid and constitutes a breach of contract.

 

3. The claimant is is entitled to and claims interest pursuant to the late payment of commercial debts (interest) act 1998,

on all sums found to be due from the invoice due date at the rate of 8% per annum above the official Bank Of England base rate currently

set at 0.5% per annum, in the sum of £269.21 and at a daily rate of £0.52

 

4. The claimant is entitled to and claims statutory compensation, for the late payment of the commercial debt,

of £310 pursuant to section 5A of the 1998 act

What is the value of the claim?

 

 

#######Defence#######

 

Paragraph 1 is denied.The claimant was informed that the business was ceasing trading and was given the relevant notice.The invoices referred to are not just for service but include a termination fee of £1688.00 which the Claimant has previously litigated against my former employee and was dismissed by the court (insert claim number and court name.)

 

Paragraph 2 is denied.There is no contract to breach..no contract exists or was ever authorised,initiated or entered into by myself.

 

Paragraph 3 and 4 are denied.The claimant is not entitled to sec69 interest 8% as this was allegedly a business to business contract.The claimant would be entitled to claim statutory compensation, for the late payment of the commercial debt, pursuant to section 5A of the 1998 act if in fact any debt was owed...which is not.

 

The claimant is therefore put to strict proof to disclose any alleged contract on which it claim relies upon.

The court is respectfully requested to order full disclosure of the contract and anything relevant to their claim.

 

Therefore by reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief denied.

 

 

 

One defence for your perusal ...check it over and ask or add anything that may be of relevance in support of this defence.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Defence Filed. Thank you Andy. I will be sure to keep this thread updated. :)

 

TFM

HSBC Bank Charges - County Court Claim - Settled

HSBC Bank Charges Round 2 - Settled

HSBC Business Bank Charges - Settled

Alliance Leicester Bank Charges - SAR Sent

Alliance Leicester Business Bank Charges - SAR Sent

 

Ambrose Wilson Catalogue - NO CCA - Account Closed Set To Zero

Virgin Money CC - CCA Request Sent

Capital One CC - CPR 31:16 Sent - LBA Sent

Barclaycard CC - CPR 31:16 Sent

HSBC CC - CCA Request Sent

Funding Corporation - SAR Sent

Link Financial - SAR Sent

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