Claim against T-Mobile for ruining my credit rating

[paulx2]

Ok many thanks Paul

 

 

Interesting looking at the judgment and reason they list CPR 51 paragraph 2.5 (2) yet there is no provision listed in the CPR as yet:-

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part51a

 

Their defence is weak and templated (probably from an Internet Forum)

 

Your Particulars do lack the CPR compliance but not to the extent that the claim cannot be understood.

 

Give me a nudge as your date for WS approaches and we can prepare a WS in response to their defence and also the behaviour of the DJ in not following the Court process

 

Regards

 

Andy

 

PS can you work out the date that they made application to set a side the judgment....iE within the 7 days constraint?

 

Andy, you are a legend, I will ask the court when they received their paperwork and the date for witness statements is the 13th of March after the defence has got back from her holiday! She will be shocked to see I have suddenly learnt a few things! Really, many, many thanks for all your help it has helped me get my mojo back!! I am up for it again!

[paulx2]

Ok many thanks Paul

 

 

Interesting looking at the judgment and reason they list CPR 51 paragraph 2.5 (2) yet there is no provision listed in the CPR as yet:-

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part51a

 

Their defence is weak and templated (probably from an Internet Forum)

 

Your Particulars do lack the CPR compliance but not to the extent that the claim cannot be understood.

 

Give me a nudge as your date for WS approaches and we can prepare a WS in response to their defence and also the behaviour of the DJ in not following the Court process

 

Regards

 

Andy

 

PS can you work out the date that they made application to set a side the judgment....iE within the 7 days constraint?

 

Hi Andy, the defence has never made a request to have judgement set aside according to the court. They made an application to have their defence re-instated which was received by the court on the 19th of November which is 11 days after the Judgement order was processed. Not sure if this helps.Thanks Paul

[AndyOrch]

It may be beneficial to try to and get a copy of that application Paul...to see what grounds and evidence they based their application on.Did you receive notification by way of a general order?

 

If so can you post a copy less any identifiable? The Court will supply a copy of siad application .. there may be a small fee.

[paulx2]

It may be beneficial to try to and get a copy of that application Paul...to see what grounds and evidence they based their application on.Did you receive notification by way of a general order?

 

If so can you post a copy less any identifiable? The Court will supply a copy of siad application .. there may be a small fee.

 

Hi Andy, just spoke to the Court, this has to be put in writing which I have done and sent next day delivery, they reckon turn around is 4 days so fingers crossed!

[AndyOrch]

Excellent Paul

 

While you are around could you post up the Notice of Hearing and any Order related to that hearing.( need to see the finer detail)

 

Regards

 

Andy

[MrHat]

Claim number showing on that.

[BRIGADIER2JCS]

Post unapproved please remove claim number.

[paulx2]

Excellent Paul

 

While you are around could you post up the Notice of Hearing and any Order related to that hearing.( need to see the finer detail)

 

Regards

 

Andy

 

Hi Andy, I have attached a letter I receievd today about the witness statements with claim no. and my name blanked out. As an aside I have continually asked T-Mobile to forward me all bills and correspondences realting to this account and they still say they are archived and not available yet. The defnce has used some of these items in their defence and also they have dates etc. that I am not aware of as it was so long ago. I need those documents and they know that and I feel that is why I will not receive them. I have emails and letters asking for such.Anyway, please find attached for your information.Many thanks for all your help.Paul

[AndyOrch]

You will get chance at standard disclosure to request those documents...any sign of their application notice yet?

[paulx2]

You will get chance at standard disclosure to request those documents...any sign of their application notice yet?

 

I will chase up today but have not heard anything as yet unfortunately. I sent the request next day delivery so they will have received on Friday last week.

[paulx2]

You will get chance at standard disclosure to request those documents...any sign of their application notice yet?

 

Ahhhhh so frustrating!! I spent £6 sending it guaranteed and now they are saying 10 working days to process any correspondence. However I spoke to a helpful lady who said she could pop it in the post today, the man I spoke to last week said "everything in writing"!! Whether she does or not we will see, but it really just goes to show..............you need to be lucky with who you speak to and I think that seems to be the same with DJ's

[AndyOrch]

Ahhhhh so frustrating!! I spent £6 sending it guaranteed and now they are saying 10 working days to process any correspondence. However I spoke to a helpful lady who said she could pop it in the post today, the man I spoke to last week said "everything in writing"!! Whether she does or not we will see, but it really just goes to show..............you need to be lucky with who you speak to and I think that seems to be the same with DJ's

 

 

[paulx2]

You will get chance at standard disclosure to request those documents...any sign of their application notice yet?

Hi Andy, the application notice has arrived. I do not have a scanner at home but the box saying "What order are you asking the court to make and why?" the defence have put: "That the court order dated 8th November 2012 be set aside as the Defendant did not receive the original of the allocation questionairre or the original of the court order dated 29 October 2012"

 

The "What information will you be relying on in support of your application" box. The defence has ticked the box "the evidence set out below" and then in that box has written:

"The Defendant did not receive the original notification from the court requesting the Allocation Questionairre be filed and served".

"The defendant did not receive the original of the court order dated 29th October 2012"

"The defendant received the court order dated 8th Nivember 2012 on 13th November 2012 and acted promptly to file the applicationfor the Order of 8 November to be set aside and for its defence to be reinstated".

 

That is it and now I am really upset because essentially the defence may not have received original documents but if that is the case, why did they send me the defence long before the allocation questionairre needed to be in. The DJ has basically not dealt with any of this in the prelim. I know the defence is stretching the truth with this (they say they did not receive the original, that essentially means they received something...........just playing with words), they must have received something and she has got off scot free whilst I have to take another day off work while she gets back from sunning herself..............it is a farce GUTTED!!

[paulx2]

You will get chance at standard disclosure to request those documents...any sign of their application notice yet?

The real farce in this is that I was never served with this application and it was not dealt with in the prelim. Maybe the DJ did not have it................it is an outrage..............i would have definately said something if I had seen this application...............it never came attached to the notice saying they were requesting the judgement to be set aside............I have basically lost out due to a clerical error and the DJ not dealing with the application as was stated in the prelim hearing.

[AndyOrch]

Makes interesting reading Paul...sounds like a very lax County Court....no copies of applications served no copy Orders served...set a sides allowed even with a spurious defence...failure to follow the CPR.

Council stating they did not receive originals even though its her chosen profession and knows the system and processes.

 

Practice Direction 51B CPR will be relevant in your WS.

 

Regards

 

Andy

[paulx2]

Hi Andy,thanks for the reply, just unbeleivable!! I suppose I better start this witness statement but I am not sure how I can do the Chronolgy of events as I do not have any of the documents I have requested. I suppose the chronology will include the preliminary hearing and that is where I mention this 51B CPR issue? Is a witness statement just a general narrative of what has happened from my point of view?, If so what I have already submitted or do I have to flesh out the arguements and include all example cases I am going to cite in my arguement in that statement? This shouldn't have gone this far......I should have received judgement by now. Anyway, any advice as always very very gratefully received.CheersPaul

[AndyOrch]

I think your WS should start with the dealing of the claim thus far and the process and the failure of the Court/Defendant to serve which has disadvantaged you as LiP...then move into the actual crux of the claim..their defence...and your contentions.

If you could just remind me Paul how much time until you have to exchange?

 

Regards

 

Andy

[paulx2]

Hi Andy, I think it needs to be with them by the 18th but I will just double check. If I am citing an example of a court awarding damages based on losses will I need to provide all the documents ie copies of judgements in those cases.I see it as like this:1. Witness statement including how disadvantaged I have been with refernec to 51B. 2. Chronology :which can only be based on the documents provided by T-Mobile to date ie. the documents in their defence as I cannot not recall dates from two years ago. A note in here that I have requested these documents for the past 2 months but have not received them as they are "archived".3. My arguments: Based on data protection act A) misuse of data and compensation being awarded for such as I gave 30 days notice so should not have been charged an early cancellation fee B) The Unfair Terms in Consumer Contracts (Consumer Credit Act). This will cover if she argues I still should have paid the final bill. C) The case between (I have this omewhere) where the judge ordered compensation for a man not being able to get 0% credit cards due to his credit rating being reported.What do you reckon? Is that the right path? Bit of a nightmare!!CheersP

[AndyOrch]

Take a read of this thread Paul ...Noddy was unsuccessful but it will give you case law to rely on :- http://www.consumeractiongroup.co.uk/forum/showthread.php?321174-how-to-take-legal-action-against-hsbc&highlight=noddy

 

 

[paulx2]

Hi Andy, many thanks for this, makes interesting reading.

I really need to know how to start drafting this witness statement, do you have any idea how to do it?

 

Do I have to draw upon every arguement I am going to use? So for example if I am going to use the Data Protection Act in my arguements do I need to state that i the witness statement? Do I need to copy the bits I need and forward them to the court or can I keep everything vague?

 

Also, the chronology can only be based on the info I have received from T-MObile to date which is exactly nothing. How can I build a chronology? I suppose I can just give estimated dates?

 

Finally when you say to state that I have been disadvantaged by the prelim dealings, is theer a way I can ask for the issue of the defemnce not submitting their allocation questionairre to be heard prior to the hearing or move for the defence to be re-struck out or judgement to be made prior to the hearing? Will the DJ be totally against me if I moan about being unfairly treated?

 

Any advice/thoughts will be gratefully received.

 

I have attached the bit about the preliminary hearing which will be put before the witness statement itself. Do you think it is likely to get the DJ's back up if I enter this or not? CheersPaul

 

I forgot the attachement! Sorry. If you are busy, no worries but if not and you can look if you think I should attache this prior to the witness statemnt, let me know what you think.Thanks

If it is too heavy and will annoy the DJ I will omit it.

[tifo]

In terms of damages to credit rating, you can use Kapohraror vs Woolwich 1996 which stated that damages of £1,000 + value of default can be claimed without providing any evidence of damage because the default itself is accepted as causing damage.

 

T-Mobile did something similar with me and I may also take the issue to court - I cancelled my contract with the due 1 month notice but they cancelled it 6 months later and wanted the balance. They then defaulted me for this. They have evidence I cancelled and provided the correct notice because they texted me and also rang to ask why I am leaving.

[paulx2]

Take a read of this thread Paul ...Noddy was unsuccessful but it will give you case law to rely on :- http://www.consumeractiongroup.co.uk/forum/showthread.php?321174-how-to-take-legal-action-against-hsbc&highlight=noddy

 

 

Wow, managed to get my witness statemnt in...............looks ok but incredibly I spoke to defence and they have not done their witness statement yet...........they reckon they are doing it tomorrow which is the deadline day so it will be late for the court (she can email to me but not sure why I should accept that to be honest). Can i apply for judgement again if she misses the deadline? If so on what grounds do you think. Any way, hope you get this, thanks for your help.

 

Paul

 

In terms of damages to credit rating, you can use Kapohraror vs Woolwich 1996 which stated that damages of £1,000 + value of default can be claimed without providing any evidence of damage because the default itself is accepted as causing damage.

 

T-Mobile did something similar with me and I may also take the issue to court - I cancelled my contract with the due 1 month notice but they cancelled it 6 months later and wanted the balance. They then defaulted me for this. They have evidence I cancelled and provided the correct notice because they texted me and also rang to ask why I am leaving.

 

Thanks, I am going to use this. Not sure if you know how to apply for judgement due to the defence not filing their witness statement on time? They have missed yet another deadline!

[tifo]

They'll fax it to court by the 4pm deadline ..... and/or email/fax it to you .... it's then served.

[paulx2]

ahhhhhh, thanks for the tip, yeah I can see that now..............rubbish!! If they don't is ot possible for me to go for judgement? Thanks by the way, very useful!

[AndyOrch]

You cant file for judgment on the none compliance of a Direction deadline...the court will always allow leniency.Have you uploaded a copy of your WS Paul ?