Need to send LBA to OSPS

amf

Right.....CPW has acknowledged the claim (giving themselves another 14 days to deal with the claim). They say that they will defend the claim in full in their acknowledgement.

My gut feeling is;-

1. They probably acknowledge all claims to get the additional 14 days.
2. They probably say that they will defend all claims in full in order to deter those of faint heart....particularly where, as in my case, they have now sent cheques for all outstanding cashbacks.

IMHO the best course of action is to let the claim go ahead....I guess that I will probably get a phone call near to the 28 day period asking what it will take to settle. Obviously I want the claim met in full if faced with that question.

Am I far wrong.......mj, Quentin?

mobilejunkie

Sounds good to me. Quentin can advise better on this one than I can, but if they'd forced me to go this far and I had a sound case which I could prove I'd be content to all the way if they didn't pay in full.

amf

Well, things have moved on again.

Today I received a call from a lady in CPW compliance dept re the claim. We did some tooing and froing. She said that they would out pay out on monies yet due in later claims.....I said that I felt comfortable that the Court would order my claim to be met in full. She offered something....I agreed to consider it if put in writing but added that my gut feeling was to allow claim to follow its course as I was certain of winning. She admitted that she had no legal knowledge and I suggested she might want to speak to her legal dept.

Anyway, here is her e-mail;-

"
Dear amf,

[SIZE=+0]Further to our conversation on the 08 February 2008, in order to settle this matter quickly and amicably, I propose a settlement in the sum of £136.32 in full and final settlement of your Claim.

Your cashback for January started on 22 January 2008 and expires 30 days later, this will be processed with this county court claim.
The proposed breakdown of your settlement will be as follow:

• January Cashback - £72.00
• Interest - £7.52 + £1.80
• Postage expenses - £20.00
• Court fee - £35.00

[SIZE=+0]
Your next claim periods start on the following dates below and expire 30 days later:

• 22nd March 2008
• 21st May 2008

Please send in you bills as usual and if there are any issue processing these claims, I would be grateful if you send me and email so I will chase cashback claims on your behalf.

I should be grateful if you could respond to this email by way of agreement to this proposed settlement. Once I receive your email I will request a cheque for the said amount to be sent to your home address. You should receive the cheque within 7 working days."

Essentially my claim is met as put forward except my last 2 claims need to go through the claim procedures. The good news is that the dates they included in the e-mail confirm that my original first claim was in date:D They also refused my second claim because I had not made a successful first claim - but as I've already pointed out the cheques for the first 2 claims have now been received.

What to do? Here's what I plan - an e-mail to CPW saying that in order to consider the matter fully I need to see their defence to the claim. Once seen I will consider their offer.My gut feeling is that they wont lodge a defence, in which case I can apply for judgement by default in 10 days time.

Does that look a good tactic?
[/SIZE][/SIZE]

Quentin

What grounds did you put in your MCOL regarding claiming the money due in later claims?

amf

Quentin wrote: »

What grounds did you put in your MCOL regarding claiming the money due in later claims?

I really didn't cover this in the MCOL claim. Just pointed out my first claim was incorrectly refused, so I'm claiming the lot. Judging by your question that may have been an error on my part?

Quentin

It could be.

Their defence will be based on the claim you submitted.

You really need to explain to the defendant (and court) what reason(s) you have for claiming money from them.

eg: The defendant has failed to pay my first claim of £100 which was submitted in accordance with the contract. This is a fundamental breach of the contract and I therefore wish to claim the £100 outstanding plus the remaining £300 which would have ben due under the breached contract. I am claiming interest on the unpaid £100 etc..................................

amf

Thanks.

I've now found my exact wording on that part of the claim - "On 27 May I purchased a telephone, with line rental contract, from One Stop Phone Shop, a [FONT=&quot]trading division of the defendant.The order number was xxxxxx and the customer number was yyyyyy.The contract provided for a cash refund of £360 in 5 equal instalment claims after 120, 180, 240, 300 and 360 days after connection.Payment of claims to be made within 28 days of receipt.The first claim was received by the defendant on 29 September 2007 and refused. I believe that the claim was incorrectly rejected but submitted a further first instalment claim which was received by the defendant on 18 October.Claim for £360 because of contract breaches"

I'm not realy sure that this falls wholly within your suggested wording. Would you recommend my accepting the offer they've made?
[/FONT]

Quentin

No - things look different now you've posted the particulars. My suggested wording is just about what you have said - though make sure you now qualify the "contract breaches".

You can point out when replying to the court once you get their defence from the court that the £360 claim for contract breaches is as a result of their fundamental breach in not paying you claim 1.

Your original tactic (post #14) looks fine. Lets see what defence they put in. Delaying your reply will eat in to their days allowed to submit their defence to court.

Maybe a short reply along the lines of you are not prepared to enter into any negotiations, and that in order to give them the full and final settlement they require to close the matter you will only accept their payment of £xx being the full amount of the claim.

amf

Thanks Quentin:beer:

amf

Things have moved on again. I've just looked at the claim at MCOL and notice that CPW have indicated that they will defend the claim. I don't know what their defence is and the info on MCOL site doesn't make it clear that I will be told what the defence is before any case comes to court - my own guess is that I will.

The FAQ at MCOL states that case will be heard at my local court - I'm assuming that means the court nearest my borrowed English address for serving papers, which is near York.

Here's what I'm thinking.....if I accept the offer by the compliance dept what is at risk iarethe 2 remaining cashbacks - £144 in total. If I have to travel to York the cost of travel and subsistence is liable to take a fair whack of that. Settling by agreement is beginning to look a better option to me.

Meantime I've sent a holding reply to CPW compliance saying that I need to know the exact nature of CPW's defence to allow me to consider this whole matter.

Any thoughts?