fasthosts late payment penalty charges reclaim court claim raised **WON**

[robert_harper_2000]

I have received their defense. Basically that the Fees are fully justified in terms of the cost to our business of managing debt

 

 

They are also seeking redress for the time on the case they have had to spend? What sort of redress could they get??

 

I'll get reading on the Bundle pack

[robert_harper_2000]

Would it be possible to upload their statement? I'll be writing mine tonight, but could do with any help

[movielad]

Has anybody written to the magazines in which Fasthosts advertise? A few of them have sections that specifically deal with complaints, and should they decide to pick up on somebody's Fasthost complaint, it could do more damage then simply taking them through court.

[robert_harper_2000]

Right I only can rely on case law due charge on a business contract. So I have to travel all the way from Brighton to Gloucester via train it'll cost me £50! So what are the chances of winning?

(was charged 2 x £20 for late payment- admin charges)

 

What do I need to know?

(Thanks)

[Movingon]

bloody hell leaving it a bit late aren't you?! Haven't you submitted a defence? Or are you the claimant? **confused** please give more detail about what's going on??!

[robert_harper_2000]

I'm the claimant and I've submitted claim sent copy of invoices all the e-mails and a copy of the case law.

 

I've listed the case as I've gone along ... but now it is really happening!!!!

[Movingon]

I'm the claimant and I've submitted claim sent copy of invoices all the e-mails and a copy of the case law.

 

I've listed the case as I've gone along ... but now it is really happening!!!!

 

OK, if you've already sent in the Case Law and kept a copy yourself, is this post just a case of stage fright/abject pre-court panic? If so, then all you need do when you get there is answer the Judge's questions and try to make your case as best you can. Go VERY early and ask the court Clerks to let you have a look around, and ask if you can sit in on some cases beforehand, just to see how it works.

[robert_harper_2000]

I think I have everything I need, it is aloooooong way to go though.

What if I lose - court costs wise?

If I win? Travel cost wise?

 

What how do I use the case law??

 

(Thanks!)

[Movingon]

I think I have everything I need, it is aloooooong way to go though.

What if I lose - court costs wise?

If I win? Travel cost wise?

 

What how do I use the case law??

 

(Thanks!)

 

This is small claims court; costs will remain with each party. (i.e. you have paid your court fees, you will not likely have to pay any more).

 

Have you entered travelling costs as part of your claim? Why is the claim not being heard in your Local county court? It's usually transferred to the court nearest the litigant in person...

 

If you have not entered travel costs as part of your claim you are unlikely to be awarded them however if you can get the question in, ask the Judge.

 

How do you use the case Law? Have you actually read and understood it? If you have then just take notes on the bits which support your claim and draw attention to these during your hearing... if not then I suggest some VERY diligent reading RIGHT NOW and FIND the bits in the case reports which support your claim; understand them, and use them for discussion in the Court.

 

You really have left this VERY late; I would have been reading this stuff when I submitted my defence.

[robert_harper_2000]

They mentioned that they wanted redressfor their time. Quite open ended? So I wouldn't be able to claim costs...?? It's just the fee was £40 costs for me and my g.f. (prolly couldn't get her travel) will probably be £50!

[Movingon]

They mentioned that they wanted redressfor their time. Quite open ended? So I wouldn't be able to claim costs...?? It's just the fee was £40 costs for me and my g.f. (prolly couldn't get her travel) will probably be £50!

 

If you win you will be awarded your Court Fees, (i.e. the defendant will have to pay them back to you) and if you manage to negotiate YOUR travel then you will be awarded that too. Forget your gf's travel - it ain't gonna happen.

 

Had you thought out your claim well, you could have (a) asked on the AQ for the Court to consider tranferring to your local court, and (b) if that failed to add your travel costs to your claim and © you could have claimed for unpaid time off work to attend the hearing. Now you'll have to negotiate the travel costs if the Judge decides in your favour by asking - he will likely simply refuse because it doesn't form part of your claim. Don't bother asking about time off work because he'll think you're taking the p!ss.

[robert_harper_2000]

So they would be able to get redress for their side but I might possibly get travel ( but unlikely ) but certainly not redress as I didn't ask...?? Guess it being Tuesday I haven't time to ask for extra papers to be taken into consideration? ie I would like time off work and travel to be awarded

 

...guess at least I have learnt for future cases?

[Movingon]

I think you have it about right except they have only ASKED for "redress" for their side. I doubt they'll get it. There's no way you can amend your particulars of claim now before tuesday I don't think; why not telephone the court and ask about this? The clerks won't be able to help you on your Law, but they may help you with procedure in that it MIGHT be possibe to amend your claim in time etc - or they may advise you on how to go about asking in the court room. Either way it's worth talking to court staff - they see this stuff day after day after day.

 

EDIT: I *STILL* don't understand why the case was "allocated" to a court so far from you...

[robert_harper_2000]

Good point! lol and it does seem abit unfair they didn't bother to allocate it somewhere a touch nearer! it'll take me 3hrs (£6 there and back! ) and cost £45!

 

Would have been easier to be charged unfairly... it is the principle though lol

 

Do I get status once I've been to court? You know like a initiation lol

[Movingon]

Yes of course you do - you become a God of legal knowledge; a guru we all look up to... :-|

[robert_harper_2000]

Been in touch with the court and was told can ask for travel if I win the case at the time and maybe awarded more if Judge decides, I've explained that they the defendant has asked for redress but she said that doesn't mean much- Judge has ultimate power basically and they won't be awarded thousands! lol

[robert_harper_2000]

So can anyone suggest which points to outline? I've been reading and all the cases mention how bascially fines should be relative. I was charged £20 each month for two months over a £3.99 + VAT web host subscription. What are my chances?

Their argument mainly is that it does cost them to product the mail merge that automatically e-mailed me four times. Then I phone (the day before I was fined) with my cc and they took payment.

[Bookworm]

2 threads merged, it helps to keep it all on one thread.

[robert_harper_2000]

Bookworm

 

I would prefer some advice? lol

 

But thanks keeps it neat and tidy

[robert_harper_2000]

Result!!! Fh Paid Up!!!!

 

******************result!!******************

[jampot]

Nice one. I didn't think your case was particularly strong, as it was a business->business arrangement, which does set down a scale of charges for breaching payment terms... but well done anyway

[Bookworm]

Congratulations!

 

(Sorry for not replying, I only saw this, but in any case, I wouldn't have known what to advise! Glad you managed without! )

[MattieMoo]

I have been a customer for 3 days and Im really ****** off

Why can you not move your domain when you have bought it.

 

I called their 'Tech Support Line' They tell me that " You cannot move it until 60 days, its to stop people buying them and moving them away from us"

 

They have billed me for £10.47 and I cant use it for what I wanted to, therefor I see it as unfit for the purpose and have asked them to refund me, they told me that its in the terms, I said but I have just bought it and I Want to move it, its in the terms he said again. I didnt see anything when I was siging up and buying this. Their terms are not the easiest to read and understand.

 

I have contacted my Bank and have asked them to claim the amount back, Fast hosts said I Cant do that, Well I can, I have! Just have to see what happnes next.

 

This company really is a joke.

[Rich44]

As a short term get out you could just change the nameserver entries to point to wherever your alternative hosting is. You dont have to host with the registrar you use.

 

For example you could use FH as a registrar and then host on Heart just change the nameserver entries to whatever your host uses eg ns0-nameserver.com and the DNS will then forward anyone visiting Airline Tickets Antiques Apartments Car Accessories Cell Phone Deals at Whatever.com to the servers with your hosting then once the 60 days are up you can change the IPSTAG to your new registrar

 

Sounds complicated but its really easy to do PM me if you need more help with this letting me know what your alternate hosting arrangement is and ill find out the info for you

[Jeanjaquessmoothie]

^^^ That's all I've ever done when I've registered domains. I usually use 123 reg, then change the nameservers to point to the hosting company.