MO v Virgin Media (refund of charges)***WON***

[mo]

i could put unlawfull and unstan

[MARTIN3030]

Raymond in all 3 of my claims I put unlawful in my Swinton Insurance claim I put unlawful and I know of many others who said the same.

Did the Courts or Judge take issues with that ?

Nooooooooooooooooooooooo

 

Mo you are relying on clauses under common law.

If they WAS lawful-then you would have no case.

 

Up to you what you put-but you asked for advice and I gave it.

[mo]

thanks martin,unlawful it is,all done in envelope ready to go.

[MARTIN3030]

Laws are passed to give clarity on whats right and wrong.

 

Common law

Unfair contract terms

Supply of goods and services

 

All contain clauses and conditions that serve to illustrate exactly what is considered to be a breach under those clauses.

 

Statute law as far as I am aware is non negotiable to those who are guilty in their failings to uphold it.

These charges are either lawful-in which case they have no place in any of the above.

or else they are unlawful since they breach the clauses and illustrations set out within them.

 

You can word it however way that you want...but the provision IS there to consider them as UNLAWFUL...until there is such a time when VM will defend and there will be a determination that their charges are not lawful,then Caggers will continue to seek to apply their rights afforded by the law.

 

If you are expecting VM to come out and defend then maybe you know more than us.

But even if they did-they would still struggle to show genuine pre estimates that reflect their charges-and you KNOW it.

Edited July 30, 2009 by MARTIN3030

[mo]

martin ive sent you a pm

[MARTIN3030]

Ah ok

[MARTIN3030]

Send again please MO i dont seem to have got it.

[mo]

sent it again

[mo]

i pmd u and e mailed u lol.mo

[MARTIN3030]

ok sorted.

[mo]

Claim was filed in County Court on 6/8/09

Have now recd a copy of their defence together with allocation form which needs to be returned by 24/9/09

 

Any thoughts?

[MARTIN3030]

Ok thanks for update....will need to take a look at the defence...let me have a word with site team.

[mo]

allocation questionaire taken back to court,so just waiting for a court date now

[Mr lex]

Thats great Mo, well done so far !!

 

Do let us know when you have a date and we can take it from there.

 

Lex

[MARTIN3030]

Yes waiting is a formality.There should be no issues of track since its a straightforward case and one of common law.

It should stay in same Court.

There may well be a case management hearing before a full one since although in principle the issues are the very similar to Credit Card reclaims (where there has been no Court rulings on Common law in the case of credit card late payment fees)...Courts are still not so familiar with cases outside the financial institutions or on the scale of the reclaims for charges with banks.

 

Latest info and experience appears to show that VM are hoping costs and court fees may put claimants off early on.

Lets see if they show any inkling of going the whole way after the AQs have been looked at.

There will be plenty of time to assess tacs once the Court respond to those.

The draft directions if ordered will I suspect give a speedy conclusion-VM know this as do the Courts !!!

[themadcap]

Any news on this, looking to go after these myself

[MARTIN3030]

There is unlikely to be anything for the moment-VM have time to play with-pending the notices in response to the AQs.

I am sure Mo will post as soon as theres anything to report.

[mo]

ive not heard anything yet,eyeing up a new suit for court tho

[themadcap]

Any news yet? this seems to be dragging longer than usual

[mo]

no still waiting,will post when i hear anything

[theshuffler]

Subbin

[mo]

rang court today,should get letter next week with court date,will update then

[mo]

got a court date

[MARTIN3030]

Am back online now and will be in touch.

[mo]

court fee paid