Need to send LBA to OSPS

Quentin

Their catch all defence is just intended to put off "naive" claimants pursuing the matter.

A defendant such as the cpw (who use a legal department to deal with any summonses received) knows full well that such a defence won't fool the courts, and will always be thrown out.

Their reputation just sinks lower and lower.

(CPR - Civil Procedure Rules - part 16.5 states the obvious: A defence must deal with the Claimant's specific allegations.)

sambasamba

Thanks for the reply Quentin - I will make sure that I state a fundamental breach of contract on the hearing questionnaire

Interesting to see that CPWs generic defense was struck out, I wonder if they will bother with a defense to the specific allegations.....

good luck too amf !! :beer:

ghosti

hi guys,

i too have also been following the invaluable info found on this forum to defend myself against the bullying e2save and the like.

I followed my legal T&C but like in many cases i have come across these did not nicely fit into their fictious 'claim window', so my second claim got rejected.

I sent an LBA last week and got a 2 page letter reply back this week which basically says that they are sticking to their (ficticious) claim window and have rejected all my future claims (pricemeatch deal on O2 Nok6300 11/m free line renal deal taken out Jul '07).

I will be filing a claim via MCOL this evening when i have got all my information together since i followed the legal T&C to the letter. I had pointed this out when i send in my claim and also very clearly in my LBA, but they just dont want to know. This just leaves me with no other choice but to file my claim. It seems thay are pushing folks to file claims against them and see how many bottle out..

So another one who is in the same boat. I found it very useful to read how things were going with amf and sambasamba so thought i would add my experience here in case it might help anyone else out in the future.

cheers,
g

amf

Welcome to MSE, Ghosti:)

You will have a clear idea from this thread as to how things are likely to pan out. If you are in the right, as I assume you are, your comments suggest that you will not allow their underhand tactics to affect your will to see this through.

Good luck....and fight the good fight:)

sambasamba

Good luck too ghosti :rotfl:...hopefully the more people that refuse to accept e2save/OSPSs fictitious 'claim window' the more e2save/osps will think about simply honoring their original terms due to the amount of grief and cost it is causing them defending their unscrupulous tactics....

ghosti

hi guys,

i submitted my claim via MCOL on monday night so everything's in motion now. just wait and see what they do next now, knowing them it wont be a quick reply..

will keep things updated
cheers
g

amf

Update - the deadline for CPW submitting a proper defence expired yesterday. I don't know if they have submitted a proper defence or not. Just in case they haven't I've sent a letter, this morning, asking for judgement by default.

Fingers crossed..........

ghosti

hi amf,

just wondered if there was an update on how the claim was going since no reply from CPW? did u get it?
cheers,
g

amf

Hi ghosti.

I haven't heard from the Court yet - possibly not too surprising as the Court writes via my English accommodation address. If nothing heard by the end of the week I will send a copy of my last letter to the Court via recorded delivery.

Has CPW lodged a defence to your claim yet?

ghosti

hi amf,

no they have just acknowledged the claim so far so have bought themselves the 28 days to log their defense. at the moment they got another 2 weeks to play with in order to do so. i havnt heard from them yet otherwise, so still waiting but at least everything is in motion now. suspecting they will go quiet on me like they have on you.
cheers,
g