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

[Bellarose]

@Andyorch  thank you so much

 

[Bellarose]

@Andyorch just a bit confused about this bit here

*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.)

 

I requested documents via the pap form and also requested directly to Interhigh for a breakdown of the money requested and where the £500 deposit has been used for 

 

[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.

[Bellarose]

Think I might have to leave that bit out then as they did reply back and supplied all documents, signed agreement, statements etc.

I have the email that states that because they weren't able to contact Mr xxx, I had signed the contract and was therefore  liable for the payments

[Bellarose]

CLAIM NO: XXXX

In The XXXXXX County Court.

 

I XXXX the defendant to the claim will state as follows:-

It is admitted that I did enter into an agreement with Interhigh dated for 4th October 2021.

It is denied that I am responsible for the payment of £1815.53.

The course was for my daughter a minor age 14, and I only made the application as a parent

The quality of the educational provision was below the standard expected.  It was not the standard that was stated in the contract

Poor quality of teaching.   Software problems preventing my daughter from joining the classes. Also, lessons would end midway due to technical problems and no effort was made to recuperate the time lost

Terrible communication.  My daughter would email teachers and they wouldn’t bother getting back to her.  I also experienced this with the customer services and accounts department 

From the onset I gave clear instructions that my ex-partner was responsible for making payments, this was acknowledged by the accounts team

As payment for the next term wasn't made they blocked my daughter's account and as a consequence unable to join the lessons.    Also, they have kept the £500 deposit.  This amounts to an unenforceable disproportionate penalty and I asked for proof that they suffered administrative losses which are mounted to £500.  To date, they have provided no written invoice for the £500 that they allowed to owe and which I deny

The claimant is denied from added section 69 interest within the total claimed that is 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.

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]

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

[Bellarose]

I've been on the phone all day trying to confirm email to send documents.  I finally got through & the person I spoke to confirmed email and address but also said that I should be receiving a letter in the next couple of days notifying me that the claim has moved over to MoneyClaim centre county court

[dx100uk]

did she comment upon your defence filing if it was due and to send it?

dx

 

[Bellarose]

yes he said to send today 

[BankFodder]

Even if you have difficulty sending it directly to the court, send a copy directly to the claimant.

Of course you must send a copy to the court but at least you will be able to tell the court that they knew that you were defending and that they had a copy of your defence

[Bellarose]

I have just got back from the post office.  I sent the paperwork to the court only.   Should I have also sent one to the claimant?

Just reading through the MoneyClaim centre county court and came across this;

*You must file an N215 Certificate of Service with the court within 14 days of the claim being issued. The certificate of service confirms to the court that you have sent the documents to the defendant.

The certificate can be filed by post or preferably by email to ccbc@justice.gov.uk. Include the claim number in the subject line of the email.

The second page of the N215 explains how to calculate the ‘date of service’. If the date of service is different to that of the claim form, then you should consider the later date to be the date of service for the claim. For further information see civil procedure rule 7E.6.The court does not require copies of the additional documentation you wish to serve upon the defendant at this time.

Does this not mean that I should have been notified sooner that they have moved it to MoneyClaim centre?

 

[dx100uk]

57 minutes ago, BankFodder said:

Even if you have difficulty sending it directly to the court, send a copy directly to the claimant.

 

28 minutes ago, Bellarose said:

Does this not mean that I should have been notified sooner that they have moved it to MoneyClaim centre?

no its only just been transferred. the claim had already been issued, just moving courts now

[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

 

 

.

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

[Bellarose]

Hi all, I still haven't received any correspondence & unsure as to what is going on.  When I spoke to the receptionist at Medway Court he advised that a letter had been posted, I should have received that by now 

[dx100uk]

when did you speak to them?

court allocation can take months

[Bellarose]

Apologies for the delay in replying. I spoke to the receptionist at Medway court on the18th August. He said that a letter had been posted in regard to it being moved over to moneyclaim. I still haven’t received anything 

[dx100uk]

i wouldn't expect to hear for weeks in that case.

dx

 

 

.

 

[Bellarose]

@dx100uk thank you