Reddam House Berkshire Ltd T/a Kings Interhigh/ACT letter of claim now claimform - online schooling fees

[AndyOrch]

Date of service is the 17th July as per the court stamp but be careful because if you read the claimants particulars they are claiming sec69 interest from 12th May as per when the claim was printed (their words) ? I'm not sure why the delay from that date to date of issue over 2 months ?

Anyway date of service is 17th July therefore you have 19 days to AOS and a further 14 days to submit a defence (33 days in total)

AOS Friday 4th AUG deadline for submitting.

Defence  Friday 18th Deadline for submitting.

 

Andy

[Bellarose]

Thank you for the help.

I'm just filling out the Acknowledgement of service form.  Where it says -Address to which documents about this claim should be sent (including reference if appropriate), I take it this is my address?

 

 

[AndyOrch]

Can you scan a copy of the AOS form we don't often see a manual version...

[Bellarose]

Hi, of course 

 

N9a AOS manual Form.pdf

[AndyOrch]

Yes put your address in that box

[Bellarose]

Morning, 

The deadline for the AOS is the 4th of August. 

Does it make any difference if I send it before? 

Also, from what I read I can email the docs, should I avoid this and send recorded delivery instead?

Thank you in advance 

[AndyOrch]

No your choice...utilise both.

[Bellarose]

Can someone please help me? 

I have been so caught up with day-to-day life trying to juggle a multitude of different things that I totally forgot about this. 

I submitted the AOS on the 26th of July but forgot about the defence. 

I have been looking through previous posts as I'm lost with it all now and am unsure what I needed to send although I might be too late now.

When should I be receiving a date for the hearing? 

Thank you in advance 

[dx100uk]

check mcol 

can you still file a defence click on it 

if you can we'll find one.

 

On 12/07/2023 at 10:40, Andyorch said:

Defence  Friday 18th Deadline for submitting.

opps manual claim sorry.

so you are ok .....then 

have you got the email for the court?

if not ring and get it.

then we'll have a defence ready

dx

 

[Bellarose]

thank you, yes I've got the email it's [email protected]

 

[email protected]

[dx100uk]

i would check that those are where you can file a defence to a manual claim.

 

so as this is pretty non standard you are going to have to go thru this thread and pickout the important bits from say @BankFodders post and p'haps mine and construct a defence yourself, there nothing we have that fits your situation though we can help with wording.

 

[AndyOrch]

17 hours ago, Bellarose said:

When should I be receiving a date for the hearing? 

You wont get a hearing unless you submit a response (defence) to their particulars of claim they will get judgment end of.

You have had since July to start preparing a response I'm not sure how you could forgot about a court claim with an impending defence required by date .

Simply submit a response to deny the claimant claim with short paragraphs as to the reason why using the response page enclosed in the claim pack. Save 3 copies. Email and serve hard copy to follow to court.

 

Andy

 

[Bellarose]

Thank you @dx100uk  I finished work late last night and have put this together. Is it ok? 

 

I deny the allegation that I am responsible for the payment of £1815.53

 

My reasons are the following;

 

• The quality of the educational provision was below the standard expected.  It was not the standard that was promised in the contract

 

• Poor quality of teaching.   Software problems preventing my daughter from joining the classes. Also, lessons would end midway due to technical problems and no effort was made to recuperate the time lost

 

• Terrible communication.  My daughter would email teachers and they wouldn’t bother getting back to her.  I also experienced this with the customer services department 

 

• From the onset I gave clear instructions that my ex-partner was responsible for making payments, this was acknowledged by the accounts team

 

• As payment for the next term wasn't made they blocked my daughter's account and as a consequence unable to join the lessons.    Also, they have kept the £500 deposit

 

@Andyorch I can appreciate what you are saying and take full responsibility but I've had a lot on my plate, not that it's any excuse but I've been overwhelmed with a lot going on in my life.  

 

Thank you for all the help 

 

[BankFodder]

With reference to the fact that they blocked the account and yet still are attempting to charge you for the lessons which your daughter could not attend, you should emphasise that this amounts to an uninforcable disproportionate penalty and that you put them to proof that they suffered administrative losses which are mounted to the 500 pounds.

Say that to date they have provided no written invoice for the 500 pounds which they allowed to owe and which you deny

On your point about having a lot going on in your life, we try to sympathise with you on this kind of thing but you should understand also that we are volunteers, we don't get paid, we have a great deal going on in our lives as well and it is we who are trying to help you.

Buy handling it in the way that you have, you have caused extra stress and risk for yourself but also you have caused extra problems and a greater workload for us.

Please bear this in mind

[Bellarose]

@BankFodder I take on board what you have said and apologise for any inconvenience caused and again appreciate all the help that received

[AndyOrch]

Are you the named defendant in this claim or your daughter ?

[Bellarose]

@Andyorch I am named the defendant. 

Not sure if it makes any difference but my daughter was 14 at the time of joining 

[AndyOrch]

Then you are not subject to any agreement.

[Bellarose]

@Andyorch Sorry what does this mean as I signed an electronic contract 

[AndyOrch]

In your name as you the student ?

[Bellarose]

No, I signed the agreement as the parent 

[AndyOrch]

Okay thats fine was just checking the legality of the claim.

So with the points you have raised and points mentioned by Bankfodder draft your defence into a CPR compliant layout.

Defence

I (insert name) the defendant to the claim will state as follows:-

It is admitted that I did enter in agreement with (insert name) dated for (insert details)

Then add your points here as to what happened and the dispute.

 

 

Finish the defence with :-

The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion.

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

The claimant is also put to strict proof to:-.

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.
(b) Provide a breakdown of their excessive charging/fees levied to the account with justification.
(c) Show how the Claimant has reached the amount claimed.
(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.(if the debt has been assigned)
(e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

On receipt of this claim I requested documentation by way of a CPR 31.14 request dated XX XXXXX 2014 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. (if you made a request using CPR31.14.)

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.

 

 

[Bellarose]

@Andyorch  thank you so much

 

[Bellarose]

@Andyorch just a bit confused about this bit here

*On receipt of this claim I requested documentation by way of a CPR 31.14 request dated XX XXXXX 2014 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. (if you made a request using CPR31.14.)

 

I requested documents via the pap form and also requested directly to Interhigh for a breakdown of the money requested and where the £500 deposit has been used for 

 

[AndyOrch]

Then edit that para to read same and conclude it with " The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol).It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. "