Cool. As and when you get your money from PlusNet maybe you could post the whole case history here since it may inspire others to have a go at getting their money back...?

Simon

Received this today :

"Dear Simon,
I can confirm that we have received the judgement from Northampton County Court. We have today submitted an application to the court to have the claim heard in a county court based on the fact that we did submit a defence within the required timescale. We therefore do not intend to settle the judgement in full until we have explored this avenue fully.

We have today raised a cheque for

Makes no difference if they sent it to you but it does matter whether it was received in court, be it a defence or acknowledgement of claim, within the 14 day time limit.

"We have today submitted an application to the court to have the claim heard in a county court based on the fact "

From the unfinished statement I have a feeling that they might try and move it to a county court nearer to them but it will not be successful. As you are the consumer the case will be heard nearest to you and not them.

It will take persuading and proof that they did file an acknowledgement or defence before the court will set aside the judgment. How many days has it been since you filed the paperwork?

edit: I can't see them fighting it because the costs to them would be too high based on your low claim amount and they will be afraid that you might bring the contract up for evaluation especially in relation to unfair terms, the latter would be a major setback to PN and I can't see them risking it.

Edited by rsharma (Thu 24-Aug-06 13:42:16)

There are a couple of oddities about their message to you - not least the fact that a CS agent is apparently entering into a dialogue with you about legal matters, which must set a precedent for PlusNet.

It also seems unlikely that they are telling the truth about having filed a defence. Had they done so, the court would have scheduled a hearing rather than pronounced judgment in your favour. PlusNet are also required to supply you, as the plaintiff (or your lawyers if you engaged any), with a copy of their defence. Since no-one has received it, they are probably not telling the truth about having sent it. In any event, you should ask them for a copy of it since you are entitled to have sight of it before any hearing.

Unless PlusNet can prove a court error, it is doubtful that they could get the case re-opened after judgment. They may be able to appeal against the judgment however but that decision would be taken by a judge and, unless PN can prove that their defence was indeed submitted prior to the judgment, it must be doubtful that they would be granted an appeal. The courts don't like being manipulated.

I think you should check with the court to see if they have received any such appeal from PlusNet and to keep tabs on it if they have. PlusNet may be hoping to move the case away from the small claims track and into the County Court system -- purely as a device to discourage you from pursuing it further since the costs associated with bringing the case would be much higher. But I can't see how they would succeed since the case has already been allocated to the small claims track.

Beware of accepting any money from PlusNet without making it clear that you accept it as a payment on account of the total sum they now owe you. PlusNet may try to slip through a smaller payment in 'full and final payment' of their debt.

If PlusNet have indeed made an application to appeal the judgment, you will have to let that process run its course. If they have not, you should press them for full payment of the judgment as soon as their deadline for payment runs out. If they don't pay then, you can apply to the court for one of several different enforcement orders, including sending in the bailiffs.

Simon

I have received a PM from PlusNet on this forum stating :-

"We are pretty efficient on the side of the business that deals with things like small claims court escalations (This is a function under the finance director, not operations). It's handled seperately from customer support, and we do ALWAYS respond to such things quickly, but on the customer support side you wouldn't see anything of that process.

We understand from them that it will be upto 14 days before the court come back to us formally and I'm personally going to make sure you get updates on the ticket as that happens."

If PlusNet would like me to remove this, then please let me know and I will have it deletd. However I see no breach of DPA or any other laws applicable.

However if the are doubting my integrity and honesty, I will provide proof of both of these from my employer. Having been a Policeman for the past 8 1/2 years.

Total gibberish. The one thing you would definitely see would be a copy of the defence which they allegedly submitted to the court since the process requires them to send you a copy.

Something fishy going on...

Simon

In reply to:

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.....We are pretty efficient on the side of the business that deals with things like small claims court escalations ....

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Does that statement imply that they have had lots of practice at responding to proceedings in the county court then?