Legalcare or Aska Professional Ltd file court claim **Claim Dismissed + Wasted Costs Order**

[AndyOrch]

Just add your Witness Statement later in proceedings.

[Eversir]

Document bundle filed and served on 30th April (confirmed).

 

Have not received any documents whatsoever from the Claimant!

[slick132]

Well done Eversir and wait a couple of days to see if anything arrives from them.

 

They may simply rely on their WS later, or look to resolve the claim at Mediation.

 

[Eversir]

Thanks Slick. It will be interesting to say the least - they haven't provided any evidence to support what they are claiming.

 

If they try and serve documents at a later date, could it be ignored by the court or is that a rare occurance?

 

Also interesting to note the "main" thread has gone quiet since they started court proceedings, wonder how other people are getting on...

Edited May 1, 2014 by Eversir
Spelling

[slick132]

If they fail to submit any evidence documents by [or maybe shortly after] the deadline, they cannot rely on such documents later.

 

However, they may simply rely on a WS which they can submit later [by the next deadline] and send Counsel to argue the case on the day in court.

 

[Eversir]

Just spoke to the court as I wanted to check if Aska had filed any documents.

 

Have just been told that an amended order will be sent out shortly; the previous order that stated parties exchange documents upon which they intend to rely (by 30th April 2014) was apparently incorrect and should have read "14 days before the hearing". Of course that now means that the Claimant will have had advanced viewing of all my documents by almost 2 months!

 

Not very happy about this, is there anything that can be done?

[AndyOrch]

I shouldn't think it would have any great effect or advantage to the claimant Eversir.

 

Andy

[Eversir]

Ok, if you are sure

 

Just seems a bit unfair!

[Ganymede]

Just spoke to the court as I wanted to check if Aska had filed any documents.

 

Have just been told that an amended order will be sent out shortly; the previous order that stated parties exchange documents upon which they intend to rely (by 30th April 2014) was apparently incorrect and should have read "14 days before the hearing". Of course that now means that the Claimant will have had advanced viewing of all my documents by almost 2 months!

 

Not very happy about this, is there anything that can be done?

 

 

 

Means nothing.

 

Disclosure isn't something you hide. You should have an open approach to disclosure.

[AndyOrch]

Means nothing.

 

Disclosure isn't something you hide. You should have an open approach to disclosure.

 

Yes I agree ..all claimants should:wink:

[laura12]

Eversir, I just popped by to see what was happening here, agree things very quiet on the main thread

 

I haven´t heard a pip squeak since I emailed them to say I considered the matter closed 2 months ago

 

Anyway I waned to drop a note of encouragement to you

[Liam_Kent]

Wishing you the very best of luck, Eversir...you have set a blazing trail for all to follow!

 

Keep us up to date, and I for one am 100% behind your cause

[Eversir]

Sorry, just saw both Liam's and Laura's post!

 

Thanks you two - really not a lot left to do until the 30th June when I file my witness statement. Focusing on my uni work for now however

[Eversir]

Would it be possible to PM one of the team my witness statement draft for a quick review please?

 

Think I've got it sorted but this isn't quite my field of expertise. Don't want to end up making any glaring mistakes and whatnot!

[slick132]

Hi Eversir,

 

PM it to me if you wish and I'll seek comments from those on the Site Team who are best qualified to offer advice.

 

[BankFodder]

The Site Team has seen your WS.

 

I hope that you will post it up one the forum when you are ready.

It seems to be a model of good drafting.

 

I'd be very interested to know if there is any attempt by them to withdraw their claim. Under certain circumstances you don't have have to and in those circumstances you aren't at risk of costs.

[Eversir]

Hi BankFodder,

 

Thanks to both you and the rest of the team for checking this over - greatly appreciated!

 

Will pop up witness statement in the next few days, just going to sleep on it for a bit and revisit to see if I've missed anything. Will redact personal details from it also.

 

I've not had any contact with the Claimant since mediation. Interestingly they never sent through any documented evidence when ordered to do so back in April, although obviously we now realise that date was a mistake of the court. Wouldn't be surpised if they allow it to continue but ask the court to make a decision in their absence - really just to cause as much inconvenience to myself as possible. Will keep you posted with any developments either way.

Edited June 22, 2014 by Eversir
Spelling

[slick132]

Hi Eversir,

 

Two points have been mentioned for your consideration.

 

1. I suggested mention could be made of the case of The OFT v AMSL in 2011, where High Court Judge Mr Justice Kitchin confirmed that notice of intention to cancel an agreement could be made in several ways including cancelling the payment DD mandate.

 

2. Site Team Steampowered said -

 

Generally it looks excellent.

 

The only thought I have is that he should add more detail about how, exactly, he cancelled. This is the crux of the whole dispute so it is important to cover in detail. The description of cancellation assumes that the judge is familiar with how paypalicon works ... if he isn't I think there is a risk that the reference to 'stopping payment' could be taken the wrong way. Describing how the cancellation process and saying things like LegalCare would have been informed of the cancellation by paypal will help the judge. I would split para 12 into two separate paragraphs.

 

He does need to include in the bundle the various documents he is referring to in his witness statement, but it looks like he is doing that already.

 

I agree AMSL should be mentioned (and a copy of the judgment in the bundle) but does not necessarily have to be mentioned in the WS.

 

Post up the WS when you're happy with it.

 

[Eversir]

Hi Slick132/Steampowered,

 

Thank you for those suggestions. The only thing I'm a little uncertain of is perhaps where to mention the AMSL case.

 

Would it be best practice to mention this aspect at the end of my WS, or should I slip in an additional paragraph after mentioning the Paypal cancellation?

[steampowered]

I think it would go next to the bit about cancellation. You could have one paragraph explaining exactly how you cancelled and how they would have been notified of your cancellation, followed by a short paragraph briefly referring to the relevance of the AMSL case.

 

The point about the AMSL case is that unreasonable limitations on how notice of cancellation must be given are unfair terms contrary to the Unfair Terms in Consumer Contracts Regulations 1999 and hence unenforceable about consumers. It is worth reading the judgment at http://www.bailii.org/ew/cases/EWHC/Ch/2011/1237.html. I wouldn't try to get too clever with it, but worth having in the bundle and referring to.

[Eversir]

Thank you, will get right on it!

[Eversir]

Have also obtained confirmation from PayPal regarding the notification of a cancelled subscription, just to avoid any ambiguity. Will be including this email in my bundle

 

[ATTACH=CONFIG]51734[/ATTACH]

 

Edit: not sure why the jpg has been downsized like that but it should be readable. Anyway, I asked: "Please can you confirm if a seller is automatically notified by PayPal when a buyer cancels a PayPal subscription?"

 

PayPal responded "If a subscription is canceled the merchant will be notified that a subscription is canceled from a specific customer."

[steampowered]

Very nice, well done.

[Eversir]

Still no documents or witness statement from the Claimant!

[citizenB]

Do you know if the Court have received anything ?