Help with Virgin Claim going to Court

waamo

halifaxmortgage wrote: »

Thanks steampower.

The problem with that is when I originally filed the MCOL claim, due to lack of knowledge, I wrote only "Remedial Works required due to poor workmanship following cable installation by Virgin Media".

VM defence have now filed defence, thinking I was referring to the original install date which is in 2016. However I was referring to a re-installation done in Aug 2018.

My plan is, along with the N180 (Directions Questionnaire) form, to submit EVERYTHING in one go to both the courts and VM, so that all cards are on the table. This would clear up any misunderstandings...or at least that's what I'm hoping to do.

Do you think that's a good/bad idea?

Personally that's what I would do. You aren't allowed any surprises so everything has to be in beforehand anyway. Better to get it in sooner rather than later.

wesleyad

robatwork wrote: »

Although I still think you're on slightly shaky ground with this claim and should opt for mediation, I admire your tenacity and keeping the thread updated, and will be watching future developments with interest.

FWIW I am not on VM's side in any way - they were a shocking company when they were NTL (I think I still have a complaint letter to Barclay Knapp in my archives) and they also made a pig's ear of a previous installation of mine.

That's the thing though, they clearly (well their contractors) messed up the install, so why aren't they obliged to put it right? I had a dodgy install years ago (also from NTL) in a property I was renting and the LL got them to come out and sort it with no problem and they threw in 3 months free connection to say sorry. So I fail to see why this case is different.

It seems to me a classic case of VM not listening to the complaint (the fact they keep referring OP to CISAS when he has constantly told them they will not take the case shows this)

steampowered

halifaxmortgage wrote: »

My plan is, along with the N180 (Directions Questionnaire) form, to submit EVERYTHING in one go to both the courts and VM, so that all cards are on the table. This would clear up any misunderstandings...or at least that's what I'm hoping to do.

Do you think that's a good/bad idea?

Good idea sending things to VM, bad idea sending things to the court.

The courts have a formal process which you need to follow. Unless you make a formal application and pay the fee for that, it is unlikely that the judge will read anything until the date of the hearing.

After the directions questionnaire has been filed, your case will be allocated to a specific county court, which should be the county court nearest to you.

The court will then send you a set of directions which will include a hearing date, and a date by which the parties are required to exchange their evidence.

The usual directions order in small claims is for the Claimant and the Defendant to exchange their evidence at the same time 14 days before the hearing.

Your evidence should include a detailed witness statement from you which fully explains the circumstances. If you prepare a detailed and clear witness statement, that will help make up for your short particulars of claim.

The alternative would be to make an application to amend your particulars of claim, but there is a hefty fee for that so I think it is not necessary to do that in small claims.

However, I do think it is worth getting in contact with the solicitors nominated by Virgin Media. At least so that they can't turn up to the hearing and complain about not knowing what the claim is all about.

Perhaps this is best done through a letter to Virgin's solicitors headed 'without prejudice save as to costs' which concisely explains the background to your claim, explains what losses you have suffered and makes a settlement offer, saying that you will be prepared to settle your claim out of court upon payment of £x.

halifaxmortgage

Thanks so much for the helpful info guys. I have just got off the phone with the courts. They've guided me to the following information:

1. The N180 does not need to be posted - I can simply scan/copy it and it needs to be emailed to both the courts and VM email addresses.

2. Due to VM misunderstanding what install date I'm referring to (They think I'm complaining about an install 2yrs old), they suggested that I explain this in the email and if I wish I can attach any evidence (excluding videos).

3. They stated evidence as such is not required at the moment, although no harm me from sending it to help the defence team understand my issue.

I'm really lost here....So my questions are:

a) Do I now only email the N180 to VM?

b) If yes to question (a), then how do I clarify the mistake they've made? Can you please give me an example?

OR

c) Do I send all the evidence with the N180 to VM?

d) If yes to question (c), then how do I send the video evidence?

steampowered

a) You need to send the N180 back to the court, as stated on the form. A copy goes to VM.

b) You can point this out in separate correspondence (probably in a letter) to VM's solicitors.

c) No, you do not send evidence with the N180. The N180 is purely about allocating your case to the appropriate court.

You serve your evidence on VM when the court tells you to. You will get directions telling you what to do after you have filed the directions questionnaire and your case has been allocated to a specific county court.

d) Refer to the answer to (c).


My suggestion would be that you engage with VM's solicitor to explain the nature of the case and see whether a settlement can be reached in formal correspondence - not through the court.

There is very little point sending anything to the court at this stage other than the directions questionnaire. Remember that your case file has not been sent to a particular county court yet. Nor has a judge been allocated to your case. A judge would not normally look at the court file until the day of the hearing. If you want a judge to look at things before then you have to make a formal application asking the court to make a formal court order and pay the £255 application fee.

When you contact VM's solicitor it would be a good idea to attach a copy of the 'letter before action' or other pre-action correspondence with VM to demonstrate that VM was informed of the issue. Wait for the proper court process before exchanging your full evidence.

Also - you should start working on your witness statement. You will need is a witness statement explaining in detail exactly what happened and what loss you have suffered. Use short numbered paragraphs for this. The witness statement will be your key piece of evidence.

waamo

I would not rely on email to VM. If the court say it's ok to them that's fine but use post to VM.

A paper trail is always better plus if VM don't explicitly say email is ok then it isn't.

halifaxmortgage

Steampowered & Waamo - First of all let me wholeheartedly thank both of you for all your help and advice. Really appreciate it. I have completed the N180 and asked for mediation route.

Today I called the court helpline again and I know what your saying Waamo buddy that it's better to leave a paper trail, but according to the advisor, email is absolutely fine to prove that I have served the N180. They said that when I send the N180 form pdf file to the courts email address, that I carbon copy VM's solicitor's and also their defence's email addresses. This would be a much quicker way and VM cannot deny that they did not receive the form, especially when I've attached the courts email and when they themselves have provided an email address that I could reply to.

Now regarding evidence, the person said it's not needed at this moment, but that I keep hold of it when it's requested - ONLY to send the N180 to both courts and VM. I asked him what should I do about the error VM's solicitor has made in regards to the install date mix-up. He said he wasn't allowed to give legal advice, although there was no harm in me attaching a letter as such to explain the mistake, hence it's then upto VM's solicitor to look into this.

You guys have been absolutely marvellous in helping me so far and I would be very grateful if you could provide any tips on how to word this short letter explaining that they've misunderstood my claim? Is there a certain way of writing this? What should I include?

Thank you ever so much!

steampowered

The court rules do technically say that to formally 'serve' a court document, you have to use post or fax, and can only use email if the solicitor consents.

So I think Waamo is correct to say that the ideal thing to do would be to post. Or do both - post and also send an email with a copy attached.

In reality though - I don't think anyone is going to be too fussed if you email something like a directions questionnaire as a litigant in person in small claims track. So this is not something you should overthink or worry about. Especially if you say something like 'Please acknowledge receipt of this email', and VM's solicitor confirms receipt.

waamo

There was a recent court case where someone used email to serve documents. The upshot was the whole thing was thrown out. The Supreme Court ruled that CPR and Practice Directions must be followed. No exceptions.

Bearing that in mind and that they say you have to use post or fax then I would use post.

I wouldn't want VM stating documents weren't served correctly.

DoaM

Agreed ... belt and braces - email them by all means but also send by post (1st class from a PO, get a certificate of posting).