King's Interhigh/ACT letter of claim now claimform - online schooling fees

[Andyorch]

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[Andyorch]

The full Particulars of claim are on the second PDF hence the further uploads. Yes its a real claim although Medway no longer issue claims and the claimant should have used   County Court Money Claims Centre (CCMCC)  Salford for issuing manual claims. The claimant is responsible for service.

 

https://www.moneyclaimsuk.co.uk/county-court/medway

 

 

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[Andyorch]

Date of service is the 17th July as per the court stamp but be careful because if you read the claimants particulars they are claiming sec69 interest from 12th May as per when the claim was printed (their words) ? I'm not sure why the delay from that date to date of issue over 2 months ?

Anyway date of service is 17th July therefore you have 19 days to AOS and a further 14 days to submit a defence (33 days in total)

AOS Friday 4th AUG deadline for submitting.

Defence  Friday 18th Deadline for submitting.

 

Andy

[Andyorch]

Can you scan a copy of the AOS form we don't often see a manual version...

[Andyorch]

Yes put your address in that box

[Andyorch]

No your choice...utilise both.

[Andyorch]

17 hours ago, Bellarose said:

When should I be receiving a date for the hearing? 

You wont get a hearing unless you submit a response (defence) to their particulars of claim they will get judgment end of.

You have had since July to start preparing a response I'm not sure how you could forgot about a court claim with an impending defence required by date .

Simply submit a response to deny the claimant claim with short paragraphs as to the reason why using the response page enclosed in the claim pack. Save 3 copies. Email and serve hard copy to follow to court.

 

Andy

 

[Andyorch]

Are you the named defendant in this claim or your daughter ?

[Andyorch]

Then you are not subject to any agreement.

[Andyorch]

In your name as you the student ?

[Andyorch]

Okay thats fine was just checking the legality of the claim.

So with the points you have raised and points mentioned by Bankfodder draft your defence into a CPR compliant layout.

Defence

I (insert name) the defendant to the claim will state as follows:-

It is admitted that I did enter in agreement with (insert name) dated for (insert details)

Then add your points here as to what happened and the dispute.

 

 

Finish the defence with :-

The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion.

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

The claimant is also put to strict proof to:-.

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.
(b) Provide a breakdown of their excessive charging/fees levied to the account with justification.
(c) Show how the Claimant has reached the amount claimed.
(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.(if the debt has been assigned)
(e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

On receipt of this claim I requested documentation by way of a CPR 31.14 request dated XX XXXXX 2014 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. (if you made a request using CPR31.14.)

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

[Andyorch]

Then edit that para to read same and conclude it with " The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol).It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. "
 

[Andyorch]

I also think its important that you add somewhere with in the defence that this course was for your daughter a minor of age and that you only made the application as parent/guardian.

[Andyorch]

okay just a few tidy ups and tweaks...if you are happy with the above get that away today.

[Andyorch]

On 11/07/2023 at 12:34, Andyorch said:

The full Particulars of claim are on the second PDF hence the further uploads. Yes its a real claim although Medway no longer issue claims and the claimant should have used   County Court Money Claims Centre (CCMCC)  Salford for issuing manual claims. The claimant is responsible for service.

 

https://www.moneyclaimsuk.co.uk/county-court/medway

 

 

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As stated earlier in your Topic Medway should not have been used hence the transfer. With regards to what you have just posted thats for the claimant not defendant.

Andy