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Hello my name is ***** ***** I will help you with this.
For now please let me know what loss you have suffered?
My initial claim as filed through CISAS was £5121
it included refund of wrongly charged £121 + inconvenience etc of £5000. But as this claim has been put down by CISAS, I want to claim damages through court for even higher amount due to all the time and hassle it has and still costing me. hence my question.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
three things to update your answer for please:
so I need to write them again (1) instead of the fact that I did so which they never replied and matter ended up to Offcom adjudicator who decided in their favour refusing my claim. what is the impact of CISAS adjudication process, will the court care about it at all as precedence (2)? will I have to stick to my original claimed amount or I can claim even more(3)?
1) Yes I would write again
2) The CISAS is something the Court can consider but is not binding
3) You can claim whatever you want as long as you can justify it
ok, good, now the most important thing is once I have the claim, will I be able to share it with you on this platform or otherwise?
Yes you can ask for furtehr questions of me
and finally any similar cases and other stuff I can look at and even submit as precedent before start court application?
Not on this platform no
I dont know if there is a template library online - none that I know of sasly
template for judicial precedence help? or to write a claim?
well, as you said I can ask you questions, so I wish I could prepare my claim and let you have a look and suggest if anything needs adding or otherwise.
and we can always agree on a cost, on this platform or otherwise.
I can not be instructed, as this is a question and answer site.
But once you rate this answer you are free to ask me further ones
But I may not reply until the morning as it is 1,25am now and I need to go to bed
You can reply it tomorrow when you come online.
So, as my starting point in making claim is the breach of contract and which caused damages,
(1) what type of breach it is? i.e. letting someone make full use of my tariff even I had the SIM in my possession?
and can a separate application be made (2) (to which court?) under Fraud Act 2006?
Alex, I have been to a local solicitor and its entirely a different story. they told me (out of their experience) that that no matter what I will never get £5000 inconvenience compensation form court.
also they said I could apply for a 'declaration' from court towards FRAUD.
they advised me to just not do anything about it coz its expensive to go to court and they will give me my original £121.
that makes me disappointed with your advise. :(