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URGENT; Statement for Judge FH


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I know this has been repeated now ( 5 days for case to be thrown out! (2nd page)) but if anyone could help me with my statement when the Judge hears me first. That would be great!

 

I'm getting the train after work tonight so won't be able to read any posts after 18:00 tonight!

 

Argh! Looking forward to it but abit nervous!!!!!

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UPDATE!!!

 

Dear Mr Harper,

 

In regard to your claim 6QZ84764 we have today processed a refund of £47.00 to

the card associated with your account. We value your continuing custom and feel

that a goodwill gesture is appropriate in this case.

 

The funds should appear on your card within the next 5 working days.

 

Kind regards,

 

Jo Ryall

Customer Services

Fasthosts Internet Limited

 

 

However I have purchased train tickets booked a hotel room (hotel room not paid for) and paid court fee?#

 

Should I say refund ttrain [email protected]??

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Dear Jo Ryall

 

Thank you for your e-mail dated 16/04/07. I respectfully decline your offer of £47.00 as settlement of my claim.

 

My claim is for £47.00 as outlined in my Particulars of Claim, plus court costs of £30.00, and this claim will continue until payment is made in full.

 

I wish to stress that I do not accept your offer as Full and Final settlement and the money transfered to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly unless you are willing to make the payment a part-settlement.

 

Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim (£30.00) without further conditions and I will inform the court that the claim is settled.

 

I trust this clarifies my position.

 

Yours faithfully

Robert Harper

 

>From: "Customer Accounts Team"

>To: [email protected]

>Subject: 1206154#ABQKVS Claim 6QZ84764 (PLEASE DO NOT CHANGE SUBJECT)

>Date: Mon, 16 Apr 2007 11:15:47 +0100

>

>Dear Mr Harper,

>

>In regard to your claim 6QZ84764 we have today processed a refund of £47.00 to the card associated with your account. We value your continuing custom and feel that a goodwill gesture is appropriate in this case.

>

>The funds should appear on your card within the next 5 working days.

>

>Kind regards,

>

>Jo Ryall

>Customer Services

>Fasthosts Internet Limited

>

>

>

>

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Good one.

 

Interesting points regarding the travel and court costs. As they've left it late enough for you to have reasonably booked travel and accommodation, I wonder where you stand in being able to claim these back?

 

If you let the case proceed, as you weren't happy with their offer, would the judge take a dimmer view as you haven't made every effort to settle outside of court?

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As mentioned by someone else it isn't a perfect case due to business > business but I do know I have a case and I think it is a good case. I have explain I will take that but cannot settle unless I get my court costs back and I was going to waive my travel costs.

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As you are doing it for the "principle" and via Small Claims, I assume your only exposure is the £47 plus £30 costs, plus your travel expenses?

 

You don't stand to lose much even if they find against you then... So it sounds like it is worth holding out :)

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Well they could be doing it so the judge sees them trying to settle and me causing a fuss so I have said

 

Thank you for your reply. I will give you until April 16th 2007 15:00 for any further replies due to the fact I will need to travel up this afternoon to book into the hotel I have reserved. I believe I am being reasonable asking for my Court costs only and I would like to note that I am not requesting travel or hotel costs which I have had to book as you have only offered a settlement this morning.

 

Regards,

Robert Harper

 

 

This is in reply to:

>Dear Mr Harper,

>

>Thank you for your email. I understand that you do not see the amount refunded to your account as a full and final settlement of this claim.

>

>We will not, at this stage, be meeting your claim for court costs.

>

>Regards,

>

>Jo Ryall

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YOu are within your rights to demand payment of your court costs as you have had to pay them and the Judge will acept this.

Personally I would also ask for my expenses to be made, as you have had to apply these out already.

Ask the Judge to consider your request for expenses on the basis that they tried to settle at this late stage and could have prevented this by entering into dialague at an ealrier stage.

 

My Opinion, Paul

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If your "negotiations" with FH fail, then you are well within your rights to ask the Court for your travel costs back, as we discussed before and the Court staff confirmed. They have only offered part of the value of your claim and you are therefore also within your rights to turn it down. I don't think they will turn up in Court tomorrow and therefore the Judge will most likely (without hearing much more than is in your Claim) find in your favour.

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So pay the money back to them (use a direct bank transfer by calling your bank/using internet banking or instruct your bank to return the payment if it has arrived) with the same account details you normally use to pay your bill, and go to court tomorrow. Email them and inform them that you are turning down their offer and will see them in Court tomorrow. Also inform the court that your claim is NOT settled (by telephone); otherwise they will put a Stay on it.

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I would write back and inform that that the claim is for £77 and therfore the refund of £47 does not cover the claim. And that you are continuing with the claim until the full amount is paid. You could also state that you will be asking the Judge to allow expenses to be added to the claim.

If you have claimed £77 (£47 plus court costs of £30) then the court will see that they haven't settled the claim.

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Claim is for £77 I had put that I wanted court costs.

 

Reply to Fasthost:

 

Dear Jo Ryall,

 

My claim is for £77.00 therefore the refund of £47.00 does not cover my claim as the court will see. I will be continuing with the claim until the full amount is paid. I will also be asking the Judge to allow expenses to be added to the claim.

 

To avoid confusion I am not accepting this as a settlement and will see you in court tomorrow.

 

Robert Harper

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I request this refunded to my credit card or as a cheque as I will be closing my account. I will give you a further 30 minutes before I need to leave.

 

Robert Harper

 

>From: "Customer Accounts Team"

>To: [email protected]

>Subject: 1206154#ABQKVS Claim 6QZ84764 (PLEASE DO NOT CHANGE SUBJECT)

>Date: Mon, 16 Apr 2007 14:36:32 +0100

>

>Dear Mr Harper.

>

>We have applied a credit against your accout of £30 as a goodwill gesture. Future payments for your hosting account will be met from this balance.

>

>This is in recognition of your value to us as a customer.

>

>We have notified the court that this credit has been applied to your account.

>

>Regards,

>

>Jo Ryall

>Customer Services

>Fasthosts Internet Limited

>

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As they're p*ssing around so stupidly, obviously stalling or backing down, don't forget you need to see EVIDENCE of the payment clearning in your account before dropping the case.

 

If you tell the court not to proceed, and later find they haven't paid up, you'll be a bit upset.

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As Jampot says you need evidence that they are willing to pay in full.

You can ask the courts for a stay to allow the payment to clear. BUT only do this if you have it in writing from them, ie email due to time limits.

I would still ask the judge if your expenses can be added.

Also print all this email corrspondance you have been having and take it with you to help your case for expenses,.

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Ask the Judge at the Hearing.

I believe you can ask for £50 for your day and take a copy of your travel receipts and hotel bill (only claim for you and not your partner). The judge can only say no.

If they had paid earlier none of this would be necessary, and thay have proved that they were not going to attend and defend by trying to settle on the eve of the court date.

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Robert - all the advice you were given before about what to ask in Court etc still stands. Go to court tomorrow (they will not be there - I have almost no doubt) and follow your original plan. They cannot arrange for your bank account to be credited prior to the court hearing.

 

Make sure you notify the Court that you are not satisfied before you leave.

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