Moneyclaim for 'cancellation fees' after cancelling contract - new website timeline confusion

righteousindignation

Hi, I've been issued with a moneyclaim via HM Courts and Tribunals Civil Claims, after cancelling a contract within the 14 days cooling off period

(I have already had my deposit returned via Chargeback but the company, Nationwide Renewables, is still claiming cancellation fees, which is bizarre)

My specific question is about the legal process, which seems to be different from any advice I can find online including on this site. 

The online form on the court website (moneyclaims.service.gov.uk, NOT Government Gateway) says I have till June 20th to respond (ie 28 days from the claim being issued) and does not give me the option of filling in an Acknowledgement of Service (AOS. )

But everyone else tells me I have to return an AOS within 14 days or the judgement goes against me by default .

So I rang the contact number on their website, and the person I spoke to when I called told me that they don't use the AOS system and everyone has 28 days to return a defence. 

I'm just concerned because no-one I have asked for advice seems to know about this, and I am anxious about getting a judgement by default which would be a nightmare because I have what I understand to be a watertight defence. 

I am also making a counterclaim. This means that I can't use the online system anyway and have to fill in the F9b form.  So that makes me even more anxious about the AOS situation and the timeline. 
Also I don't understand who I need to send the F9b form to......

I have been inquiring on a few other forums but no-one seems to have come across this new system and all advice I get refers to the usual system.

Any advice welcome! 

righteousindignation

To clarify, I've just found out that this service is called Online Civil Money Claims. (OCMC) Whereas the usual one is MoneyClaims Online (MCOL)

saajan_12

righteousindignation said:

Hi, I've been issued with a moneyclaim via HM Courts and Tribunals Civil Claims, after cancelling a contract within the 14 days cooling off period

(I have already had my deposit returned via Chargeback but the company, Nationwide Renewables, is still claiming cancellation fees, which is bizarre)

My specific question is about the legal process, which seems to be different from any advice I can find online including on this site. 

The online form on the court website (moneyclaims.service.gov.uk, NOT Government Gateway) says I have till June 20th to respond (ie 28 days from the claim being issued) and does not give me the option of filling in an Acknowledgement of Service (AOS. )

But everyone else tells me I have to return an AOS within 14 days or the judgement goes against me by default .

So I rang the contact number on their website, and the person I spoke to when I called told me that they don't use the AOS system and everyone has 28 days to return a defence. 

I'm just concerned because no-one I have asked for advice seems to know about this, and I am anxious about getting a judgement by default which would be a nightmare because I have what I understand to be a watertight defence. 

I am also making a counterclaim. This means that I can't use the online system anyway and have to fill in the F9b form.  So that makes me even more anxious about the AOS situation and the timeline. 
Also I don't understand who I need to send the F9b form to......

I have been inquiring on a few other forums but no-one seems to have come across this new system and all advice I get refers to the usual system.

Any advice welcome! 

What fees or costs are they charging exactly? If you instructed them to start immediately and hence costs are incurred before you cancel, you would ordinarily be liable for that. 

Jenni_D

You might find this thread response of interest:

https://forums.moneysavingexpert.com/discussion/comment/81479046/#Comment_81479046

born_again

What did you actually purchase from them? As not everything is covered by the 14 day  cooling off period.
Was this a finance purchase?

A chargeback is over & above your consumer or legal rights & if company did not contest (sounds like it) then they have a right to take this to court to reclaim the money back, if they feel they have the right too.

So the answer to the question is a important part as to what rights you really have.

Jenni_D

Whilst that is true, and would be a factor in helping the OP with their defence, it doesn't actually address the question they asked.  

born_again

Jenni_D said:

Whilst that is true, and would be a factor in helping the OP with their defence, it doesn't actually address the question they asked.  

Need to know if they have a right to cancel under 14 days... & if they took out finance & it was just that they cancelled.
Makes a difference to answers that can be given.

Jenni_D

For their defence - yes. Those are absolutely pertinent questions.

It has no bearing whatsoever though as to how the OCMC functions ... which was the OP's question.  

Alderbank

The OP's specific question is about the legal process but they conclude their opening post with Any advice welcome! 

righteousindignation

Thanks for the comments. I've been given plenty of good advice about my consumer rights  from CAB, a lawyer, other forums etc, and feel that the Chargeback does confirm this. But I don't mind being asked! I signed a contract in my own home for installation of solar panels. I cancelled within 14 days. No installation had started, only an 'online survey' and a switch of energy supplier - for which they are claiming about 1500 pounds! 

I also have a heap of evidence about their conduct during and after the sale - misleading information, coercion re an online review etc. 

I will have a look at the thread re the OCMC, thank you!

eskbanker

righteousindignation said:

Thanks for the comments. I've been given plenty of good advice about my consumer rights  from CAB, a lawyer, other forums etc, and feel that the Chargeback does confirm this.

It really doesn't!

Chargeback is solely a mechanism via which funds are returned from merchant to customer via their banks (if the former doesn't challenge), and involves no independent assessment of their merits or otherwise of the customer's case - as mentioned in an earlier post, the merchant remains entitled to pursue the customer for the debt, so it's not a final resolution in any way....