Help with Virgin Claim going to Court

da_rule

stragglebod wrote: »

Thanks, I didn't know that.

Unfortunately, rather than putting the exclusion in rule 36, it has been put in rule 27 (27.2(g) to be precise). You would have thought that for ease they would also mention it in rule 36. Also, the offer would have had to conform with the prescribed content contained in the rule, simply marking it as ‘without prejudice - save as to costs’ is not sufficient.

That’s why I asked what track it had been allocated to when there was discussion of a Notice of Discontinuance. As, under rule 38.6 (and unless a court orders otherwise) the claimant automatically becomes liable for the defendants costs incurred up until the service of the notice. Under rule 44.9 a costs order against the defendant is deemed to have been made. However, again, this does not apply to the small claims track, hence my suggestion that it be dealt with by way of a consent order as I did not see the post saying it had been allocated.

halifaxmortgage

My god! This thread is now 12 pages long! :rotfl:

Okay guys, the good news! :T ....All my issues have now been resolved! :j

However, I'm bound by vm's non-disclosure t&c, hence I can't say much more than this.

What I would like to say is thank you from the bottom of my heart for sticking with me throughout and helping me no matter how dragged out this thread was. I just can't thank you enough and really appreciate all your time spent guiding me to the best of your abilities.

I especially want to thank Waamo, da_rule, DoaM,robatwork as they spent exceptional amount of time in guiding me. Please accept my apologies if I missed anyone out, but with the thread now pages long, I can't remember every name. CHEERS GUYS! :beer:

I now just need to let the courts know that this matter is settled.

peter_the_piper

Thanks very much for coming back and letting us know how you got on, so many ask for advice(often urgently) and then never come back.

waamo

Glad you got a satisfactory conclusion. Obviously you can't share the full details but I half expected that anyway.

Thanks for reporting back though it really is appreciated.

robatwork

Well thanks for the name check

I was actually pretty sceptical about you arguing in court that VM provide a great service as well as a terrible one. And I guess you won't have your day in court to see how it pans out.

Obviously they shouldn't have ruined your garden - I still have green trunking in mine where the previous owners got VM installed and they "buried" it about 1cm deep. I stick with freeview though.

Anyway at least you've kept the thread updated which 90% of people don't so kudos to you for that. Maybe you'll change ID from HalifaxMortgage to VirginmediaCable now?

halifaxmortgage

Thanks guys. I'm more than happy that I've let you know of the satisfactory outcome. You never know robatwork, I might really change my ID now, :rotfl:

steampowered

I am very pleased to hear that you got a satisfactory outcome. Well done for sticking with it as it wasn't easy.

halifaxmortgage

Thanks steampowered. Really appreciate that. Sometimes in life you have to be persistent, especially when you get screwed over by large companies who think they can walk all over you because you're the small man.

halifaxmortgage

Good afternoon guys,

I'm not sure how to notify the courts that this matter is settled...

1.Do I tell the other party or do I email the courts?

2. Any compulsory forms to complete to inform them of discontinuance?

3. Will this cost me anything and would I ask the 3rd party to pay?

Thanks very much

waamo

Here you go https://www.gov.uk/government/publications/form-n279-notice-of-discontinuance

Send it to the court, VM and their solicitor.