AOL Free Trial? Not so Free! ***WON***

[legalpickle]

Where are you up to with mediation? Please update us.

 

I am working on the documents to send, which you'll have to send on Friday by SPECIAL delivery to the court & Mason Hayes.

[legalpickle]

Quick question: In paragraph 13 of the defence, they claim the account was set up in a name of somebody. For confidentiality reasons I assume you've removed the name. Is the name that was there your name? If not, do you recognize the name? If yes, what is the relationship of the name to you?

 

What was the exact name on each transaction taken from your account? For example: Was it 'AOL' or 'AOL (UK) Limited' or something else?

Edited July 14, 2009 by legalpickle

[legalpickle]

PLEASE HURRY UP!!! For your sake! I've just read that the post will be on strike on Friday - see BBC NEWS | UK | Postal workers' strike announced

 

That means that this needs to be sent off on Thursday! I'm VERY busy, so PLEASE get online ASAP and stay online till I've finished and you've downloaded it, otherwise you are likely to lose this claim!

[la2006]

Where are you up to with mediation? Please update us.

 

The mediation has been arranged for July 29th @ 9am

 

Quick question: In paragraph 13 of the defence, they claim the account was set up in a name of somebody. For confidentiality reasons I assume you've removed the name. Is the name that was there your name? If not, do you recognize the name? If yes, what is the relationship of the name to you?

 

What was the exact name on each transaction taken from your account? For example: Was it 'AOL' or 'AOL (UK) Limited' or something else?

 

The first account was the first letter of my first name and full surname.

The second account was my full first name and surname.

 

From JAN 2005 - JAN 2007 - AOL ONLINE SERVICE

From FEB 2007 - OCT 2007 - AOL ACCESS SERVICE

From NOV 2007 - APR 2008 - AOL BROADBAND

[legalpickle]

The mediation has been arranged for July 29th @ 9am

Good.

 

More questions:

1. (Paragraph 18 ): What exactly was the content of your letter dated 10th August 2007?

2. (Paragraph 18 ): Did you receive a response dated August 2007 to your correspondence of August 2007? If yes, did you respond? If yes, what with? Do you still have a copy of the letter?

3. (Paragraph 20): What information did the letter dated 21st May 2008 ask for?

4. (Paragraph 21): What information did your response contain?

5. (Paragraph 22): What information did their letter of 20th June 2008 request?

6. (Paragraph 30): What date was your cancellation request dated? Do you have a copy of it?

[la2006]

Good.

 

More questions:

1. (Paragraph 18 ): What exactly was the content of your letter dated 10th August 2007?

 

10 august is the date of AOL letter responding to my letter, I posted my complaint in June 2007 ( attached)

 

 

2. (Paragraph 18 ): Did you receive a response dated August 2007 to your correspondence of August 2007? If yes, did you respond? If yes, what with? Do you still have a copy of the letter?

 

That the AOL letter dated 10 August 2007 (attached), AOL told me to go to my bank. I contacted my Local branch, Barclays Fraud department, they repsonsed witha form and letter, which I try and find

 

 

3. (Paragraph 20): What information did the letter dated 21st May 2008 ask for?

 

basically credit card detials/ direct debit card detials (attached)

 

4. (Paragraph 21): What information did your response contain?

 

I enlcosed bank statements, showing my personal details bank account detials.

 

5. (Paragraph 22): What information did their letter of 20th June 2008 request?

 

They asked for my card details again or direct debit details ( attached)

 

6. (Paragraph 30): What date was your cancellation request dated? Do you have a copy of it?

 

I know this was done via e-mail when I had my AOL account to their AOL cancellation e-mail address.

AOL FIRST COMPLAINT ( MINUS DETAILS).doc

AOL LETTERS 10 AUG 2007, 21 MAY 2008, JUNE 2008.doc

Edited July 14, 2009 by la2006

[legalpickle]

Did you reply to the letter dated 10th August 2007?

What letters did you send in May & June 2008?

[la2006]

No, I didn't reply to AOL, I read the letter as I should contact my bank.

 

I sent a letter in March 2008, which aol didn't respond, and then I enclosed this letter in and sent to AOL again in May 2008 (via Airmail). I know i didn't pay Airmail for the march 2008, so they might not have got it.

 

CPW Broadband Services (Ireland) Ltd

IDA Industrial Park

Cork Road

Waterford

Ireland

 

10 March 2008

 

Dear Sirs,

 

RE: Formal complaint

 

 

Full Name :

Screen name:

Email address:

last four digits of bank detail:

 

 

 

The following shows every time I have been charged since signing up in February 2005: I had cancelled AOL in July 2006.

 

 

Date

Amount charged

No. of days since last billed

 

 

 

[TABLE]

 

total charged

£819.47

 

Total that should have been changed

£227.84

 

Overcharged By

£591.63

 

 

The total cost that I have been charged since signing up for 16 months and cancelling has been £819.47

 

Advertised at 15.99 per month during 2005 for a 10 month period minus the first month free equals £143.91

Plus 11.99 for January to July 2006 should actually be £83.93 making the overall total £227.84

 

£15.99 x 10 months (February to December 2005) = £159.90 - £15.99 (1st month free) = £143.91

+

£11.99 x 7months (January to July 2006) = £83.93

 

Total = £227.84

 

 

I have been overcharged by £591.63, which I want a full refund within the next 14 days either by cheque or direct debit. Any reply must be made in writing including a full explanation to why I have been overcharged. I have included my last statement and a statement showing my overcharging previously. If I do not received a response within the time frame, I will have no alternative but to seek a full refund plus interest, and any other reasonable costs which may be incurred through legal procedures.

 

Yours sincerely,

 

 

 

nb. Card purchases are not direct debit, so the bank cannot cancel this.

 

 

Member Services,

CPW Broadband Services (Ireland) Ltd

IDA Industrial Park

Cork Road

Waterford

Ireland

 

 

May 7 2008

 

 

 

Dear Sir/Madam,

 

 

RE: Formal complaint.

 

I have not received any response in regards to my formal complaints - letter dated 10 March 2008. I have followed the AOL’s internal complaints procedure, but have failed to receive any acknowledgment that you are investigating and dealing with my complaint. I will now pursue a full refund of all charges and compensation incurred as a result of AOL charging me to my bank account, through an alternative dispute resolution organisation. I will be requesting additional compensation for this.

 

 

 

Yours faithfully,

 

 

 

enc.

 

 

I don't have the june 2008 letter, but i just copies of all bank statements (from SAR Barclays) which had my bank account details on them.

 

 

In AOL replys it states:

" I have searched under your telephone and payment information but was unable to locate the second account"

 

My home number has not change in years, therefore was the same at the opening of both accounts. As AOL had one of my screen names they could find the telephone number registered to that account. They kind of say that there is no second account registered to my home telephone number. I know the second ( really the first) account matches my home address, but the fact that the second account doesn't match my home telephone number, could that make it impossible to use internet access through that account. AOL say in their defence that I was not provding them with the correct details, possibly my telephone number is not registered to that account then.

 

I tried to find out which telephone numbers was registered to both accounts through SAR at the start of this year, but Aol did not provide any information.

Edited April 28, 2011 by maroondevo52

[legalpickle]

Sorry for the delay in responding. I went to the out-of-hours doctor, I have an ear infection and serious cough. I'm back now.

 

Please summarize the dates of the letters you received from AOL and the dates of the letters you sent to AOL - in date order please.

 

Also, did you move address at any time during this period?

[la2006]

Letters sent to AOL

June 2007, 10 March 2008, 7 May 2008, end of June 2008

 

Letters received from AOL

10 August 2007, 21 May 2008, 20 June 2008

No, I didn't move any time during this period.

Edited July 14, 2009 by la2006

[legalpickle]

When did you send your cancellation request for the second account?

Do you have a copy of it?

[legalpickle]

In paragraph 32, they claim that you claimed £1.24 for the cost of sending the pre-action letter to them. Is this their mistake? Or did you send the letter recorded instead of special delivery and change the amount?

[la2006]

The cancellation request was sent via e-mail via the AOL access account.

 

I don't have a copy.

[legalpickle]

The cancellation request was sent via e-mail via the AOL access account.

 

I don't have a copy.

When?

 

You didn't answer:

In paragraph 32, they claim that you claimed £1.24 for the cost of sending the pre-action letter to them. Is this their mistake? Or did you send the letter recorded instead of special delivery and change the amount?

[la2006]

When?

 

You didn't answer:

 

I had sent the cancellation request in July 2006, I don't know the day. I haven't logged into that e-mail account in years, so doubt the e-mail have been kept.

 

I sent the LBA by special delivery, did n't change the amounts.

Edited July 14, 2009 by la2006

[la2006]

My brother can be a witness and my mother's friend. Both are very busy, when do these statements have to be written by.

[legalpickle]

My brother can be a witness and my mother's friend. Both are very busy, when do these statements have to be written by.

Excellent. All needs to be sent on Thursday due to the partial post strike on Friday.

 

I've attached 3 files:

- responsetodefence.rtf - the responses to the defence. Please fill in the gaps at the top of the document and at the end. Please go through the document and tell me if you think anything should be changed. I have left spaces for the witness statements to be referred to in the attachments section.

- aolhomepage.pdf - Please print 3 copies of this. This should be the first attachment to the responses document.

- aolcompanyreport.pdf - Please print 3 copies of this. This should be the second attachment to the responses document.

 

Once the witness statements are completed, please fill in the gaps in the attachments section of the responses to defence, as I've done for the others. Please mark the witness statements as 'Exhibit CL-4' and 'Exhibit CL-5' respectively. If there is more than 1 page, then at the top of each page, also mark the page numbers as I have done on the two PDF attachments.

 

Please print 3 copies of the letters (besides for the LBA) that you sent to AOL. On top of each page, please write 'Exhibit CL-3, Page (number) of 4'. If there are more than 4 pages, please amend the attachments section in the responses to defence and write as relevant on the top of each page.

 

I'll prepare the witness statements as best as possible, tomorrow all being well. There will be several gaps that you'll have to fill in, as there are obvious confidential details I don't know of.

 

Also, tomorrow I'll prepare cover letters for sending each to the court and Mason Hayes. Print 3 copies of all documents, and put them in order: responses to defence, Exhibit CL-1, Exhibit CL-2, Exhibit CL-3, Exhibit CL-4 & Exhibit CL-5.

responsetodefence.rtf

aolhomepage.pdf

aolcompanyreport.pdf

[la2006]

Thank you for the derence, I will have all of the above printed tomorrow afternoon/ evening.

[legalpickle]

Thank you for the derence, I will have all of the above printed tomorrow afternoon/ evening.

It's not a "derence" or a defence. It's your responses to their defence.

 

Don't forget to make the relevant changes to the responses as detailed in my previous post before printing it. Keep one printed copy for yourself. I suggest you get a file to put everything into if you haven't already.

 

Sign all 3 copies when printed. You'll have to send 1 copy to Mason Hayes & 1 to Bow County Court with the cover letters I'll draft.

 

All 3 copies of each of the 2 witness statements will have to be signed by the witnesses (your brother & mother's friend).

 

I'll try to prepare the witness statements as early as possible, but it may not be till mid-afternoon tomorrow.

 

You'll need to send each copy by SPECIAL Delivery.

 

Don't forget to follow my instructions in my previous post to the letter.

 

Good Luck.

 

Please continue to keep us posted.

[legalpickle]

Hi,

 

The proposed witness statements are attached. Please fill the gaps at the top and bottom of the documents in. Please proof them to make sure there Ok. If there's anything else that you think needs adding please advise before doing so.

 

Once they're ready, please print 3 copies of each and have your brother & mother's friend sign all 3 copies of each of their witness statements.

 

Then, don't forget to write the Exhibit details at the top, as I wrote in my post with the responses to the defence and attach them in order to the responses bundle.

 

I'll be back later with proposed cover letters.

brotherwitnessstatement.rtf

mothersfriendswitnessstatement.rtf

[legalpickle]

Proposed cover letters below. Please fill in the blanks (only where I've put '...') and put on a letterhead with your address. Don't forget to send by SPECIAL Delivery.

 

1. Bow County Court

 

 

The Court Manager,

Bow County Court,

96 Romford Road,

London,

E15 4EG

 

16th July 2009

 

Dear Sirs,

 

Re: Claim No.: 9...

Parties: Miss ... vs. AOL (UK) Limited

Hearing: Scheduled for date at time

 

I write further to the aforementioned case in which I am the Claimant.

 

Please find attached the following documents which I intend to rely upon at the scheduled hearing in accordance with the Allocation Order of District Judge ... dated 15th June 2009;

1. My responses to the defence.

2. Exhibit CL-1: Copy of Defendant's homepage.

3. Exhibit CL-2: Copy of Defendant's company record.

4. Exhibit CL-3: Copy of Claimant's letters to Defendant.

5. Exhibit CL-4: Witness statement of ... in support of the Claimant.

6. Exhibit CL-5: Witness statement of ... in support of the Claimant.

 

Please ensure that these documents are placed on the court file, so that they are in front of the District Judge in time for the hearing.

 

I can confirm that I have also sent these documents to the Defendant by Royal Mail Special Delivery today.

 

Sincerely,

 

 

Miss ... - Claimant

 

 

2. Mason Hayes Solicitors

 

FAO: Mr. Marcus David Hayes,

Mason Hayes Solicitors,

address

 

16th July 2009

 

Dear Sirs,

 

Re: Claim No.: 9...

Parties: Miss ... vs. AOL (UK) Limited

Hearing: Scheduled for date at time

 

I write further to the aforementioned case against your client in which I am the Claimant.

 

Please find attached the following documents which I intend to rely upon at the scheduled hearing in accordance with the Allocation Order of District Judge ... dated 15th June 2009;

1. My responses to the defence.

2. Exhibit CL-1: Copy of Defendant's homepage.

3. Exhibit CL-2: Copy of Defendant's company record.

4. Exhibit CL-3: Copy of Claimant's letters to Defendant.

5. Exhibit CL-4: Witness statement of ... in support of the Claimant.

6. Exhibit CL-5: Witness statement of ... in support of the Claimant.

 

I can confirm that I have also sent these documents to the court office by Royal Mail Special Delivery today.

 

I must reiterate that should your client not make an acceptable offer to settle this claim, it is my intention to seek costs pursuant to CPR 27.14[2][g] as I contend that your client's behaviour in proceeding with an excessive defence whilst obviously having no reasonable prospects of success in defending this claim is unreasonable in accordance with CPR 27.14[2][g]. Your client is welcome to make a settlement offer, even without mediation, which would save all involved considerable time.

 

Sincerely,

 

 

Miss ... - Claimant

 

[la2006]

The response bundle has been completed, signed and put in order, just have to complete the Cover letters.

 

I got a brief letter from Mason Hayes just confirming they sent the Mediation form back and that their client would prefer to use the Mediation service given the nature of the dispute.

[legalpickle]

The response bundle has been completed, signed and put in order, just awaiting the Cover letters.

 

I got a brief letter from Mason Hayes just confirming they sent the Mediation form back and that their client would prefer to use the Mediation service given the nature of the dispute.

Ok. I think I posted the cover letters whilst you were typing the above post.

 

Despite the response of Mason Hayes, please leave the cover letters as they are.

[la2006]

Hi Legalpickle,

 

I have the telephone mediation with Mason Hayes first thing tomorrow. I need to prepare an opening statement which should include answers to the following questions.

(a) What would be a fair solution for you?

(b) What would be the best result that you can realistically hope for if the matter goes to Court and what would be the worst?

© What is the strength/weakness of your case and that of the other side?

(d) Do you know what the other side's main concerns are?

 

Any tips on the mediation?

 

[legalpickle]

Hi Legalpickle,

 

I have the telephone mediation with Mason Hayes first thing tomorrow. I need to prepare an opening statement which should include answers to the following questions.

(a) What would be a fair solution for you?

(b) What would be the best result that you can realistically hope for if the matter goes to Court and what would be the worst?

© What is the strength/weakness of your case and that of the other side?

(d) Do you know what the other side's main concerns are?

 

Any tips on the mediation?

 

Yes, lot's of tips. I'll come back later today, but may be late. Please keep checking your e-mail for an update on the thread from me, and check back when it's posted. It may be very late.