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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I have received a CCMCC court claim for £2964 from services

Resolved Question:

Hi I have received a CCMCC court claim for £2964 from services my company provided back in Apr 2010. Is this still enforcable or is their a period of time that past claims cant be made past? 6 years is a long time ago.
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Why was the money outstanding?
Customer: replied 11 months ago.
The client purchased a service at the cost of £2000 9-13 Apr 10. We have a 21 day no refund policy, although we do offer to reaccomodate clients to a future date if they cancel within this time period. The client "claims" to have spoken in person on 1 Apr to cancel the service, and again on 8 Apr phoned to say the client wouldnt be attending (we agree they phoned the day before). We told them that they would still be charged, and had the option to take a further session but they refused to attend and didnt want further treatment.The client claims to have sent letters (which were not received) on 10 and 28th May 2010. Since then no action was taken until todays CCMCC claim for £2000 refund and £960 interest
Customer: replied 11 months ago.
still there?
Expert:  Ben Jones replied 11 months ago.
When was the claim issued?
Customer: replied 11 months ago.
Date of service on the paperwork is 19 Apr 16
Customer: replied 11 months ago.
the fee was originally paid 19 Mar 2010 or 17 March, claimant lists two different dates in the paperwork
Customer: replied 11 months ago.
4. Intensive fees
a. Intensive fees can be paid via Visa, Mastercard, American Express, PayPal, faster bank transfer or international SWIFT payment.
b. A 50% deposit for intensive treatment is payable upon booking treatment, the balance is due 21 days prior to the basic or extended intensive treatment start date.
c. The basic or extended intensive treatment contract is final once signed.
d. No refund will be offered in exchange for termination or non-attendance of all or any part of the basic or extended intensive treatment following signed contract.
e. Postponement of basic or extended intensive treatment within 21 days prior to the start date is at the discretion of the OCDFirstAid. Postponement within 7 days of the start date will be considered only in the event of illness (medical evidence required).
f. Requests to change dates of booked follow up sessions offered by the Centre will be considered but the Centre reserves the right to refuse without offer of alternative.Is from our T&Cs we issue to each client
Expert:  Ben Jones replied 11 months ago.
Legally there is a time limit of 6 years to make a claim for breach of contract so they may just be within it (or outside of it). The key is when the contract was breached. It would not be from date of payment because that is when the service would have been ordered but the breach may have occurred at a later date. So for example if he had been due a refund, then it would be on the date he had been refused such a refund. If it was the provision of other services, then it would be the date when you had failed to provide such services. SO as you can see the date can move around depending on what the alleged breach is. In any event, the key is that the claim is submitted within those 6 years after it for it to be valid.
Customer: replied 11 months ago.
so if as per their claim they paid on 17 Mar which is irrelevant now, the cancellation was made on the 8 Apr for a course that was 9-13 Apr. which puts their latest claim date at 13 Apr?Or do their supposed letters dated 10 & 18 May requesting refund count count? Considering they were told on 9 Apr that no refund would be issued?
Expert:  Ben Jones replied 11 months ago.
Does the policy state when a refund would be issued if it was due?
Customer: replied 11 months ago.
only the cancellation period, refunds are issued within 24hrs if the terms are met.
Expert:  Ben Jones replied 11 months ago.
you can argue that their request and subsequent refusal of a refund was the actual breach, so in fact it would be when you issued the refusal
Customer: replied 11 months ago.
would that be the best way to proceed, or to go to court and show the T&Cs which clearly articulate the above? The issue is there is a lot of hearsay, they say they phoned and sent letters, without any actual proof. and with it being so long ago, it is hard to remember all the details
Expert:  Ben Jones replied 11 months ago.
You can certainly run this argument now and ask that the claim is struck out as a result because they are out of time under the Limitations Act 1980 to bring in the claim as they are outside of the 6 year claims period. But it could proceed to be heard by a Judge and then they will examine the documentation and hear the evidence and make a decision that way
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46170
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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