Need to send LBA to OSPS

sambasamba

Thanks Quentin, I will continue to send in my claims as usual ... :rotfl:

sambasamba

Hi all, an update on my claim with CPW...

Today I received a Notice of Allocation to the small claims track, with a hearing date set in July. (I was kinda hoping that I would have got CPWs defense struck out like AMF did, but seems like it is going to a hearing instead)

Id be interested in any general tips that you might have Quentin. There are a few points that I am thinking about:

I need to deliver to the court and CPW copies of all the documents on which I will rely on at the hearing. Does this include all the details of my claim and the documents backing this up, or just the documents that will back up my claim (so CPW don't know the full details of my claim until the hearing) ?

Is it better to send all the documents early to CPW and the court so CPW have time to look over it and maybe decide to settle out of court, or to wait to the last moment so that they have less time to prepare a defense?

The notice says that I will need signed witness statements (this will only be myself) Is there a standard format that these need to be set out in, does this include all the detials of my claim.?

Any help much appreciated ..:rotfl:

mobilejunkie

Any documents you intend to present in court must be given to the other side in advance or are highly likely to be ruled out. Sending early depends on the strength of your case but I doubt it would make much difference either way; early if strong may encourage them to settle. There is a format for a witness statement - isn't there an example on the MCOL site?

Quentin

MJ is right - you must send all the documents you intend to produce.

You don't have any witnesses, so you don't need to send any witness statements.

sambasamba

Thanks for your replies, I will keep everyone updated .....

amf

Good luck sambasamba:)

terrier3

Quentin wrote: »

You should continue to make claims until your case is settled and you have been paid (a defendant can appeal the court's decision).

I haven't done this ....my first claim was rejected and I've claimed for the full amount of the cashback. I thought it was not necessary to continue claiming as E2save's letter said that as they had rejected my claim, they were closing my cashback file, and it could not be re-opened. Do you think it will go against me that I didn't continue to submit claims, or is the court likely to take their letter to me at face value?

mobilejunkie

If you're on a so-called price-match deal I wouldn't be too concerned. They have told you in writing that all future claims are void and thus cut their own throat! However, if you are on a different set of t&c it may be less clear-cut - although since they said that in writing anyway i suspect any judge would not care if you hadn't made future claims after specifically being told not to AND that they had destroyed your file! If you have covered yourself with regard to the t&c which apply in your case I expect they will pay up before it gets to court anyway.

Quentin

As mj says, it all depends on the individual case.

1) If they tell you all your cashback is lost, and you fight that (as you have done), and sue for the full amount, then there are only two outcomes of the case (providing it goes all the way). You win or you lose.

But if they offer to settle out of court by paying you the rejected claim plus costs and reinstating the contract - (which might be attractive as there is no chance of you losing, no need to devote time and stress etc to a court hearing etc), but you have in the meantime not bothered to make a subsequent claim, then you couldn't accept the offer. (As failing to make the next claim properly also invalidates the whole cashback).

2) They simply don't pay you a claim (but your contract does not allow them to "close their file").

This is again a fundamental breach, and you can claim the full amount owing. But should you lose the case for any reason, then providing you have continued to make claims pending the court's decision you will still be eligible to get the remaining payments. But if you stop making claims once the MCOL has been issued, then under the contract terms, you would also lose any right to the missed instalment(s).

terrier3

I originally gave them 2 weeks to pay the first cashback, otherwise told them I would sue for the full amount of cashback due to fundamental breach. as they didn't respond within the 14 days, I LBAed them for the full amount plus expenses - I sort of took an all-or nothing approach, preferring to get all the cash in one hit, rather than go through the hassle of having the same palava everytime I made a claim. I followed the T&Cs to the letter (pricematch deal) and kept copies of everything (which they know, as i have told them!) so i fully expect they'll settle out of court, or lose when we get there. The ball is now in their court!

If they offer less than I've claimed on MCOL, I will not accept.

Thanks for everything

Quentin wrote: »

As mj says, it all depends on the individual case.

1) If they tell you all your cashback is lost, and you fight that (as you have done), and sue for the full amount, then there are only two outcomes of the case (providing it goes all the way). You win or you lose.

But if they offer to settle out of court by paying you the rejected claim plus costs and reinstating the contract - (which might be attractive as there is no chance of you losing, no need to devote time and stress etc to a court hearing etc), but you have in the meantime not bothered to make a subsequent claim, then you couldn't accept the offer. (As failing to make the next claim properly also invalidates the whole cashback).

2) They simply don't pay you a claim (but your contract does not allow them to "close their file").

This is again a fundamental breach, and you can claim the full amount owing. But should you lose the case for any reason, then providing you have continued to make claims pending the court's decision you will still be eligible to get the remaining payments. But if you stop making claims once the MCOL has been issued, then under the contract terms, you would also lose any right to the missed instalment(s).