Help with Virgin Claim going to Court

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  • halifaxmortgage
    halifaxmortgage Posts: 166 Forumite
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    Evening everyone. As you can see below in the correct order, I've now received some paperwork. I'll be honest, but most of it is over my head. What I have noticed is that the so-called solicitor is thinking the install date was in May 2016, which is correct as this is the original date.

    But my complaint is regarding a recent install or renewal/replacement of cabling due to the original causing phone line issues. Although I didn't mention specific dates in the court papers, I did give all this info when I sent a letter before action. I would have thought that the solicitor would have at least check their systems before filing a defence to clarify what I was talking about, wouldn't you think?

    Please can you help me with this as I'm not sure what to do or how to exactly proceed.


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  • photome
    photome Posts: 16,360 Forumite
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    Can’t help with your defence but re today’s fine for EE and VM.

    EE accepted it and apologised.

    VM are going to appeal
  • waamo
    waamo Posts: 10,298 Forumite
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    edited 17 November 2018 at 3:22AM
    That defence is abysmal. They are essentially saying they want more information. They may no longer defend if they get more information.

    You have to fill out the DQ form. Agree to mediation. Point 7 that they delegated the work is their problem not yours. You had no contract with the other party. You contracted VM to do the work.

    Copy their end paragraph Statement of Truth. You have to declare everything is true.

    Remember I said to be organised? Well prepare a properly indexed claim with evidence such as photographs. You need the quote you got too.
  • halifaxmortgage
    halifaxmortgage Posts: 166 Forumite
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    Thanks very much Waamo. I have lots of evidence and will begin from today organising it with an index. However I have a number of questions (apologies if they sound like repeated):

    1. For now do I need to ONLY complete the DQ (N180) form?

    2. If yes, it says just to complete Section A1 and B.....so which area/section of the form do I put the Statement of Truth on?

    3. The defence have got the wrong install date and also have asked for further info, so do I need to send any reply to this now to correct them or is it just the form N180 form that I need to send back?

    4. The first page instructs the claimant to file the N180 form to the court's address and also serve a copy to the other party....so to save time, can I send the N180 copy to VM's defence team/solicitor via their email address?

    5. If the form has to be sent to VM via snailmail, then do I need to send it via recorded delivery?

    Thanks so much!
  • robatwork
    robatwork Posts: 7,087 Forumite
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    Although I still think you're on slightly shaky ground with this claim and should opt for mediation, I admire your tenacity and keeping the thread updated, and will be watching future developments with interest.

    FWIW I am not on VM's side in any way - they were a shocking company when they were NTL (I think I still have a complaint letter to Barclay Knapp in my archives) and they also made a pig's ear of a previous installation of mine.
  • waamo
    waamo Posts: 10,298 Forumite
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    halifaxmortgage wrote: »
    Thanks very much Waamo. I have lots of evidence and will begin from today organising it with an index. However I have a number of questions (apologies if they sound like repeated):

    1. For now do I need to ONLY complete the DQ (N180) form?

    2. If yes, it says just to complete Section A1 and B.....so which area/section of the form do I put the Statement of Truth on?

    3. The defence have got the wrong install date and also have asked for further info, so do I need to send any reply to this now to correct them or is it just the form N180 form that I need to send back?

    4. The first page instructs the claimant to file the N180 form to the court's address and also serve a copy to the other party....so to save time, can I send the N180 copy to VM's defence team/solicitor via their email address?

    5. If the form has to be sent to VM via snailmail, then do I need to send it via recorded delivery?

    Thanks so much!

    1 and 2 Yes. But it doesn't hurt to get everything ready and in place. The statement of truth is a separate document that you need to make. Get nice tidy paper and type out the full details of your claim and title it Statement of Truth. A nice well organised and indexed ring binder is good with photos and quotes in an appendix.

    3. You can correct their mistake but your Statement of Truth will contain all the information. Again be very comprehensive and organised.

    4. No. Service MUST be by post.

    5. No. Send first class but get (free) proof of posting from a post office.
  • halifaxmortgage
    halifaxmortgage Posts: 166 Forumite
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    Robatwork - I do plan to go for mediation.I will certainly keep you updated.

    Waamo - You were right that there is a lot of organisation involved. I've made a start on sorting stuff out. I've spent the last few hours trawling through all the past paperwork and created an excel timeline spreadsheet. I hope this can not only help myself, but also the judge and VM to see where they wen wrong. Due to it having personal info, I've PM'd it to you. My next job will be to create an index page (unless I can use the timeline spreadsheet as an index page?
  • waamo
    waamo Posts: 10,298 Forumite
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    As long as it's crystal clear you can use it. Getya judge on side by being clear and well organised helps no end. They will be grateful for it.
  • steampowered
    steampowered Posts: 6,176 Forumite
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    You do not need a 'statement of truth' on the directions questionnaire.

    Your particulars of claim was supposed to have a statement of truth on it, and will do so if you filed your claim through MCOL. So nothing to worry about on that front.
  • halifaxmortgage
    halifaxmortgage Posts: 166 Forumite
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    edited 18 November 2018 at 8:52PM
    Thanks steampower.

    The problem with that is when I originally filed the MCOL claim, due to lack of knowledge, I wrote only "Remedial Works required due to poor workmanship following cable installation by Virgin Media".

    VM defence have now filed defence, thinking I was referring to the original install date which is in 2016. However I was referring to a re-installation done in Aug 2018.

    My plan is, along with the N180 (Directions Questionnaire) form, to submit EVERYTHING in one go to both the courts and VM, so that all cards are on the table. This would clear up any misunderstandings...or at least that's what I'm hoping to do.

    Do you think that's a good/bad idea?
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