carphone warehouse,

[rydeshill]

Just curious, I notice that a few folk have actually crossed the great divide and issued a summons. I guess I could have a look in the case histories. The question is ....................has anyone had a experience of the defendent actually contesting the action. If the answer is yes, did anyone they actually contest the matter in the county court, (did you get to see the whites of their eyes. ??????????

I,m particularly thinking about CPW. When I actually issued a summons against CPW, they ignored the summons and I got a judgement, the cheeky b******s tried to get ME to sign a full and final settlement letter after the judgement had been issued(and warrant applied for). For some reason they withheld the warant fee. It took months of hassles from the bailiffs to get the warrant fee returned. I,m just curious as to why they tried to withold the warrant fee. Next round ???

[buzby]

Oh sure - although it's usually the solicitors that you see in court, not the bank or other defendant. As for F&F a lot of it isn;t tricks, its just bad communications, but even then all you need is to keep your wits about you and ensure you don;t become a casualty!

[rydeshill]

I have posted in a few other places regarding this matter already. The basic details are

1) bought contract phone last year

2)phone returned after lots of aggro

3)cpw claim its 02 sim card faulty

4)refused return delivery of phone

5)cpw still keep taking money from bank a/c

6)took cpw to cc last summer and got judgement, unfortunately the claim was for soga and i did not mention the bit about the contract.

7)cpw have been taking money out of my bank account ever since

8)I,ve taken them to the cc again.

9)I have just heard back from the cc at northampton, it appears that cpw have filed an acknowledgment of service. They are using some legal firm in Manchester. They intend to defend all of the claim.

 

I,m just wondering has anyone actually got this far with them. Whats their game. What is likely to happen ???

I,m just curious. I live in leafy surrey, surely there not actually thinking of sending someone to the down here from M/c to court. I would of thought that the claim is likely to be for less than the legal fee. Me thinks that they are getting vindictive. Is it lets draw a line in the sand time or is this normal.

[buzby]

What are you claiming for? Your contract is seperate from the phone, so they might win. More info, please!

[rydeshill]

Yes your right about the contract, I want the money back that they have taken as DD and when I phoned up after the first judgement they claimed that the contract was still valid. I do not have a sim card. Nor received any service. I have pointed out in the summons that they have effectively broken the contract by not resolving the matter within 7 days( this is a clause in the o2 contract.

What annoys me is that me that I have not received anything. They have the phone which they can sell again. The service has never been used at all. I,m amazed that the company have made such an issue over the matter. The sarcasm from the customer service(contradiction in terms) managers ?? was amazing. I,m curious about the procedure,

the service of acknowlgment form states that they intend to defend the whole of the claim. Will this mean a hearing at my local court, what is the judges likely attitude going to be if the defendent tries make a claim for costs after travelling from M/c ????? The solicitor could be sitting outside the court for hours on end waiting for hearing. The total claim is for £150 ????.... I,m quite looking forward to this.

[rydeshill]

The ongoing saga, i have recieved an acknowledgement of service from the county court, I always thought that the case would end up in my local court, but I have been told by a court manager that until the judge makes a decision regarding allocation nothing is actually decided, in other words it could end up being heard in the defendents local court ??????. So will it be brentford cc close to cpw or my own locality or Manchester where the solicitors are based ????.

Amazing reaaly as nothing has ever been received or used. What appears odd is that I could ask o2 for a free sim card as per their promos and never use it and not pay anything.

[buzby]

It isn't a case of 'ending up' in your local court. Did you not initiate the action there? As a consumer, it is your right to have it held in your local court unless there is a substantial reason why it shouldn't be

[rydeshill]

I used MCOL, so I,m confused, obviously not Northhampton, but then again the defendent has not actually filed a defence yet, proceedings are 14 days into the 28 days.

[buzby]

Ah - I see. MCOL isn't available to us in Scotland, but form reading other posts I can see the downside of this, as there is no 'local' court, it is open to interpretation if it is to be a defended action. (MCOL really is only worth the trouble if you're surer the other party is going to ignore it!).

[rydeshill]

cheers mate i,m just amazed that there going to so much trouble to defend it. I get the feeling that it just being vindictive. Keep ya informed

[rydeshill]

Has anyone actually got to this stage. As in previous postings I,m taking cpw to cc for the 2nd time in order to get back dd payments. CPW are claiming the contract after a a succesfull judgement last summer under SOGA. Unfortunately i forgot to get recission on the contract. I have no phone and no sim card. They don,t answer correspondence of course. They are defending £150.

I,m just wondering what are their tactics ???? . There defence is pretty feeble. On the allocation questionaire, there is a big box marked "other information". What should i put in this box. I don,t really want to play my hand too much before the hearing.

A friend of mine works for a well known bank in the c**k up department and reckons I,ve upset someone.

Are they actually going to turn up ???. The solicitors involved 250 miles away will never get all their costs back. Surely there are limits to costs in the small claims track. I,m of the opinion that they are being vindictive.

[buzby]

I'm now aware of CW being in court for ANY action, but they can certainly pull out all the stops to give you much aggro in the hope YOU don't turn up in court and the whole thing collapses. For your 'info box' just state ther facts without embellishment or block capitals. If it's referred to your local court to decide, you've won already!

[rydeshill]

yep i,m in leafy surrey and cpw are in west london with solicitors in manchester and yes its my local court. Interestingly the defence was faxed to the cc at the last moment which might be indicative of something. The defence seems a bit incoherent, finishing with a bit about me providing proof, strange as i have nothing and they have not provided anything and little indication that they ever provided any form of service, just a claim in the defence. Will they actually travel from manchester or employ a local agent ???? either way i,m struggling to see their defence with commercial solicitors charging 200+ an hour. Will they ever get the costs back. When do i provide documents (copies of bills ?)

[buzby]

How they plan to attend court isn't your concern - for all you know Dunstone might cycle up to Manchester for the trial! Just concentrate on what you have to do, their (in)ability is their concern.

 

Your documents in support of your claim will be needed on the day the case calls in court (for showing to the judge), and you'll not need them until then. But - as always - they they call it off before the case calls, or even on the day, do remember to work out what you'd accept in settlement so you don;t get wrong-footed and settle for less than you feel is reasonable.

[MARTIN3030]

Aside from fees for issue,you wont be asked to pay any costs and they will be unable to claim them either,thats the benefits of the SCC.

Telephone hearings have now been extended to all County Courts in England following succesful trialing...they may well apply for this.

You can of course object if they do.

 

By the way if you do end up in court...remember its 3 copies of everything..1 for you/Judge and defence.

Take as much as you can to support the case not just statements.

[rydeshill]

cheers guv, i,m just wondering what cpw s success rate is ????, the idea of telephone hearings does not sound good to me, means the other side does have the expense of sitting outside the court, or have I misread the situation ?

[barracad]

Threads merged

[rydeshill]

last minute development............cpw not the sols want to settle, whats the procedure, do I turn up, the offer was by e:mail with "Without Prejudice" on the top

[barracad]

Do you want to accept their offer?

 

When is the court date?

[rydeshill]

tommorrow afternoon, i got an e;mail this morning(YES Sunday)

[rydeshill]

sorry they want to settle in full

[barracad]

In that case yes you should attend - you will probably find that they give you a cheque on the steps to the court. When you arrive at court ask the usher if anybody has arrived from CPW and then approach them and introduce yourself.

 

If they want to settle there and then they will do so, don't push them, simply introduce yourself. If they don't want to settle then continue with the hearing.

[rydeshill]

they have actually said that they want to settle in full with someones special number, i,m not sure if this is a ploy to trick me into not turning up, only e;mails

[rydeshill]

its entertaining if nothing else

[buzby]

Until you have the settlement in your hand, attend. I'd not even 'seek the usher' if they want to find you, they shouldn't have waited this long. Do remember that a 'special number' HAS NO VALUE. If you cease taking the service, it reverts to them automatically. A good argument is that OFCOM have only loaned them the number ranges, and whilst they may sell them, they're not guaranteeing tenure of it. You don't pay, you lose the number.