Need to send LBA to OSPS

Quentin

You will see their defence before you have to decide whether to continue with the case. It will be sent to you by the court.

Maybe cross the bridge if you get to it! Defendants often say they intend to issue a defence to buy some more time, then either capitulate or just let the period elapse that they have to send in the defence.

Keep an eye on the calendar and if you hear nothing from the court, still apply for judgement after their allowed time to submit the defence.

(Getting the defence direct from the defendant doesn't necessarily mean they will submit the same one to the court.)

Only rely on a defence actually forwarded to you from the court.

seth

Wow this is a gold mine of information on what to do if things go wrong...It demystifies the whole process, the email snippets and the comments from MJ and Q are great! It is like a legal drama that is unfolding. All relevant for folk with cash backs.

I just wanted to thank all the folk who have posted and taken the time to explain the process and progress.

Very helpful.

amf

seth wrote: »

Wow this is a gold mine of information on what to do if things go wrong...It demystifies the whole process, the email snippets and the comments from MJ and Q are great! It is like a legal drama that is unfolding. All relevant for folk with cash backs.

I just wanted to thank all the folk who have posted and taken the time to explain the process and progress.

Very helpful.

I couldn't agree more:T

amf

Well, I've now received details of the defence submitted by CPW's solicitors. It seems a standard format. Rather than type it all out, what is says is that they deny owing me anything. I presume that this is the standard response to defended claims.

The case has been transferred to court in York and nothing further can be done via MCOL. I have until 29 Feb to return the paperwork with the appropriate fee should I wish to proceed.

As I see it we will be arguing as follows if they turn up in court;-

My argument - their letter stating that claim 1 was not accepted was incorrect in that the claim was submitted timeously - they breached the T & Cs by this refusal. That nothwithstanding, their refusal to pay out within 30 days on the replacement claim I submitted one month later was a further breach of our contract. Their refusal to pay claim 2 was a further breach of the contract. Taken individually, as well as collectively, these breaches of contract were so fundamental that all monies now fall due.

Their argument - As they have now paid out on claims 1 and 2 they have paid all monies due.

I do have something else in my favour, I suppose - my claim with MCOL included interest, the court fee and £20 for the cost of returning the first 2 faulty phones they sent me. Obviously they owe me for these.

I am wondering if a trip to York is worth the hassle, bearing in mind the without prejudice offer they've made - with the cost of travel and perhaps an overnight. It would be handier if I could get the case transferred from York to Carlisle as I stay near Glasgow. I don't know the chances of that.

Any thoughts?

amf

Things have just got a little more interesting.

I've just had a call from the lady in CPW's compliance dept. She wanted to know if I'd made up my mind whether to accept their without prejudice offer. I replied that I had yet to see the defence. She said that the defence was just a generic one aimed at giving them time to reach a settlement (now if she would only put that in writing it would blow a hole through their statement of truth which appears in the defence papers!).

Anyway, she pushed me a little for information on when I might make up my mind. I told a white lie that the person at my English service address had posted on the letter from the court and I expected to receive it Saturday or Monday. She told me not to take any notice of the wording of the defence as it was just a delaying tactic!

Are they getting windy or what?:D

Quentin

It does look that way.

Their defence then is non specific. I think it may be worth staring them out!

amf

Thanks again Quentin:beer:

If I am going to take it further I'll let the lady from CPW Compliance know on Monday.....tell her I'm just about to fill in the court papers and pay the additional fee.

In view of today's developments my biggest worry now is me having to travel all the way to York just for the beggars not to turn up. OK, I get the dosh but I'm still out of pocket for the cost of getting to York. Any way to minimise the risk.....eg ask to switch to Carlisle (or anything else)? I will seriously have to factor this aspect into my decision as a Pyrhic victory just isn't worth it.

Quentin

How long do you have to send back the papers?

amf

29 February

Quentin

You have time on your side.

Tell them you intend to proceed, their defence as she says is a delaying tactic and does not address your legitimate claims, and it will save them the cost of the hearing (and ongoing interest) if they settle now.

See what they come up with.