COURT PROCESS OVERVIEW AGAINST EE, T-MOBILE OR ORANGE
Once you have tried resolving your disagreement with EE, T-Mobile UK or Orange UK by using CISAS dispute resolution and hit a brick wall then you can now begin to initiate legal proceedings. This process is known as making a court claim or taking someone to a small claims court. You will need to pay a court fee unless you're on a low income.
WHAT ARE SMALL CLAIMS
Small claims are designed to be simplified and less formal and can only be applied for in the sheriff court. The procedure can be used where the value of the claim is up to and including £3000. There are some circumstances where this procedure cannot be used, even if the value of the claim is less than £3000; for example, actions for recovery of possession of heritable property and damages resulting from personal injuries. In these cases the summary cause procedure would be used where the claim is up to and including £5000 and the ordinary cause procedure where the value is above £5000. You do not need to use a solicitor to use the small claims procedure, but you can do so if you wish.
BEFORE GOING TO COURT
A mediation service between you EE, Orange or T-Mobile could be quicker and cheaper than going to court. Mediation is when an impartial person helps two sides work out an agreement.
There is a different process for court claims in Scotland.
STAGE 1 - PREPARING THE CLAIM
Particulars of claim
A claim involves a particluars of claim which is a document that a claimant files with the court and serves on the defendant, and which sets out the details of the claimant's case (see the EE Complaints guide to Particulars of Claim on the right).
How and when particulars of claim are filed and served
A claimant commences proceedings in the court by filing a claim form. The claim form is a court-issued, fill-in-the-blanks document, and contains certain basic information about the parties and the claimant's case.
The particulars of claim can either be part of the claim form, or can be set out in a separate document. If the particulars of claim are in a separate document, the claimant can serve them either with the claim form or separately within 14 days after serving the claim form.
The content of the particulars of claim
The court rules require that particulars of claim include: (i) a concise statement of the facts the claimant is relying on; and (ii) if the claimant is seeking interest, a statement to that effect together with details about the rate of interest and the date from which it has accrued.
In drafting particulars of claim, a solicitor will usually try to strike a balance between brevity and the provision of enough factual (and sometimes legal) information to give the court and the defendant a clear understanding of the claimant's case. Particulars of claim should not include an exhaustive account of all evidence that the claimant will use to support his claim. The detailed evidence supporting the claim will be set out in the witness statements that the claimant will produce.
The court rules (or practice directions) require that the particulars of claim for certain types of claims include specified items relating to the claim. For instance, if the claim is for breach of a written contract, the particulars of claim should have a copy of the contract attached (or, if it is a large document, the relevant parts). Where the claim is based on an oral agreement, the particulars of claim should set out the words that were used to create the oral agreement and state by whom, to whom, when and where they were spoken.
If the claim is based on a breach of contract or an injury arising out of the defendant's breach of a duty of care, the particulars of claim must set out the details of the claimed breach.
The particulars of claim must also set out the relief or remedy that the claimant seeks.
The format of particulars of claim
The court rules set out detailed requirements for the format of particulars of claim -- even governing details such as how dates should be written (for instance 1 May 2010 rather than 1-5-10), the size of paper used, and the way numbers should be written.
When the particulars of claim are separate from the claim form, they must include a "statement of truth" in which the claimant verifies that the facts stated in the particulars of claim are true.
Get help with a claim
A solicitor who specialises in litigation can help you with your claim, and will be proficient in drafting particulars of claim as well as all other documentation relating to your case. You can find solicitors who do litigation work by doing some research online, asking friends and colleagues about solicitors they may have used, or by using a free referral service like Contact Law.
STAGE 2 - HOW TO TAKE COURT ACTION
If you still want to take court action you can either:
- use Money Claim Online (download a claim form) because it will be quicker and cheaper.
- Alternatively, send the claim form to:
County Court Money Claims Centre
PO Box 527
Help making a claim
Via the claim online, contact the Money Claim Online help desk:
Money Claim Online help desk
0845 601 5935
01604 619 402
If youre using the claim form, contact the court centre:
County Court Money Claims Centre
0300 123 1372
The court fee is based on the amount youre claiming, plus interest.
|Civil Court Structure||Court Fees|
The civil court deal with consumer claims in three distinctive tiers depending on the value of your claim
£10,000 to £25,000 are put in fast track
Over £25,000 are put in multi track.
The court fee is based on the amount youre claiming, plus interest.
Claim Amount Court Centre Money Claim Online
You can pay by credit or debit card (on Money Claim Online)
If you use the claim form, pay with a postal order or cheque (payable to HM Courts & Tribunals Service).
You may have to pay more fees later on - eg if theres a court hearing, or you need to get a judgment enforced.
You may be able to claim the costs back if you win the case.
Work out interest
You can claim interest on the money youre owed usually 8%. To calculate this, work out the yearly interest: amount you're claiming multiply by 0.08 (ie 8%).
Work out the daily interest: divide your yearly interest from step 1 by 365 (the number of days in a year).
Work out the total amount of interest: multiply the daily interest from step 2 by the number of days the debt has been overdue.
If you were owed £1,000:
the annual interest would be £80 (1000 x 0.08 = 80)
youd divide £80 by 365 to get the daily interest: about 22p a day (80 / 365 = 0.22)
after 50 days this would be £11 (50 x 0.22 = 11)
What happens after you make your claim
- You may have to go to a court hearing if the other person or business denies owing the money.
- If they admit owing the money or dont respond, you can get the court to order them to pay.
- If they still wont pay, youll need to ask the court to take extra steps to collect the money - eg using bailiffs. This is called enforcing a judgment.
- The person or business who owes you money must respond to your claim within 14 days of receiving it.
- If you dont get a response
- If they dont respond to your claim, ask the court to order them to pay.
To do this, you can either:
use Money Claim Online, (if you started your claim online)
fill in a request for judgment form
What to do if you get paid
If they pay you, or make you an offer youre happy with, tell them you're withdrawing your claim.
Youll also need to tell:
- the court centre, if you started the claim with a paper form
- the Money Claim Online help desk, if you made the claim online
How to take your claim to court
- You may have to go to a court hearing if EE, T-Mobile or Orange owes you money and they're refusing to pay/refund you.
- Or that they agree to owe you money but they disagree with the amount
- you can't agree on how EE, T-Mobile or Orange pay you back for example they say they'll credit it back to your account but want money.
The court will send you a questionnaire, asking for more information on the case. Fill this in and return it to the court.
You may have to pay extra court fees.
Or come to an agreement without going to court
You can still talk to the other person or business, and try to reach an agreement before the court hearing.
Use the courts small claims mediation service if your claim is worth under £10,000 - contact your local county court.
If you settle out of court before the hearing, you may be able to get some of your court fees refunded.
Going to court
You may have to go to court if the other person or business denies owing the money, and they defend the case.
If your case is a small claim - under £10,000 - it may be dealt with using written evidence, without a hearing.
If there is a hearing, you can:
- represent yourself
- pay for a solicitor to represent you
- ask someone to speak on your behalf, like your partner or an advice worker - you must get the courts permission
Small claims hearings can be held in the judges room or a court-room at a county court.
Cases worth more than £10,000
If youre claiming for more than £10,000, there may be a more formal hearing, and you should get legal advice.
After the hearing
The court will send you a letter giving you its decision.
If you disagree with the decision, you have 21 days from the date of the decision to appeal. The letter will explain how to do this.
Enforce a judgment
- If you win your case, you may have to ask the court to take steps to collect the payment.
- You will have to pay extra court fees - ordering someone to attend court costs £50, and the other steps cost £100 each.
- Find out what the person or business can afford to pay
- Its worth working out what the person or business can afford to pay.
- You can ask the court to order a debtor to attend court to provide evidence of their income or spending, like bills and statements.
- If the money is owed by a business, you can ask for an officer from the company to attend court, to give details of its accounts.
- You can then decide on what you need to do to get your money.
Send bailiffs to EE, T-Mobile or Orange to collect payment
You can ask the court to use bailiffs to collect the money.
To do this you do either of the following:
- fill in a warrant of execution form
- use Money Claim Online
- The bailiff will ask EE, T-Mobile or Orange for payment within 7 days.
- If the debt isnt paid, the bailiff will visit the offices of EE, T-Mobile or Orange, to see if anything could be sold to pay the debt.
Freeze EE, T-Mobile or Orange assets or money in an account
The court can freeze money in the persons bank or building society account (or in a business account).
- To do this, fill in a third party debt order.
- The court will decide if money from the account can be used to pay the debt.
Charge EE, T-Mobile or Orange's land or property
- You can ask the court to charge the EE, T-Mobile or Orange's land or property.
- To do this, fill in a charging order.
- If the land or property is sold, they must pay this charge before they get their money.
EE COMPLAINTS LETTER TEMPLATES
Help on Particulars of Claim against EE, T-Mobile or Orange
T-Mobile UK/EE vs Angela Walsh
T-MOBILE SUED FOR UNFAIR ROAMING CHARGES
Meet the city lawyer who has won back nearly £600 in data roaming charges incurred whilst on holiday in Australia. Angel Walsh was successful in defeating T-Mobile's over her new mobile phone contract when she upgraded without being told what terms and conditions were.
This means since Walsh was not made of aware in regards during the phone call, there was no contractual provision in the verbal arrangement reached that gave her an obligation to pay the data roaming charges. In other words because T-Mobile either deliberately witheld the information of other failed to disclosed through incompetency.
Orange UK vs Tom Prescott
ORANGE SUED FOR FAILURE TO CANCEL CONTRACT DUE TO POOR SIGNAL
A land mark ruling made it possible for Tom Prescpott to sue his disgraceful network provider for terriblly poor signal. This comes after Mr Prescott pleaded with the network to end his contract since was not making use of it but Orange refused to do promting legal action against them.
This is a brilliant story. A normal customer taking on the rogue Orange / EE network for failing to provide coverage in his home. If you're thinking of today urged other Londoners to follow suit.
Mobile phone coverage loss claim urged by AM Kirsty Williams read more
PARTICULARS OF CLAIM (POC) - GUIDE TO FORMAT
1- PARTICULRAS OF CLAIM APPEARANCE
- Use double space
- number the pages
- number each paragraph
- Use Times New Roman font size 12
- Allow generous margins
- For any document you send to court, send a copy to EE, T-Mobile & Orange (trading as Everything Everywhere Ltd), and keep a copy for yourself.
2- EACH PARTY IN THE CLAIM
In the opening paragraph:-
- Explain who each party is in the dispute.
- Since the Defendant is EE, T-Mobile or Orange (trading as Everything Everywhere Ltd) then explain their role as internet service provider
- State that you held an account / a policy with them, giving if possible the reference number of this/these and the approximate dates you held these, e.g. The Defendant is/was at all material times the network operator and internet service provider. The Claimant held/holds a current account number XXXXXXXX with the Defendant from on or around September 20XX to 20XX.
3- WHAT HAPPENED IN BRIEF
If your claim is for breach of contract:-
- Explain when and how the contract was made.
- If there is a written agreement you are relying on, attach a copy of this.
- Explain any terms of the contract which are important in your claim.
- These may be explicit terms, which should be referred to and quoted; implied terms which is where legislation or codes of practice are implied into a contract this means the contract is presumed to include them even if there is no specific reference to this.
- So if your claim is for breach of contract (i.e. breaking the provisions of a specific piece of legislation (e.g. the Sale of Goods & Services Act 1979), then explain this legislation is involved and why youre relying on it e.g. for mobile claim Under the Sale of Goods Act 1979 section 14 it is an implied term of contract that the said mobile phone should be; a) of satisfactory quality and b) reasonably fit for its purpose
4- EXPLAIN THE PROBLEM IN BRIEF
Ensure to explain:-
- Precisely what has gone wrong e.g. On or around the 23 May 2013 at 14:00 hours the Claimant spoke to the Defendant regarding his/her poor signal and
- List the breach(s) of contract and/or statutory duty.
5- EXPLAIN HOW THIS AFFECTED YOU
- How the said problems affect you e.g. you have lost money by paying to use another phone.
- Ensure to link the Defendant's wrongful act to your costs/loss/hardship etc. It may help to use phrase like 'By way of the Defendant's breach of contract and/or breach of statutory duty and/or negligence, the Claimant has suffered Loss and Damage'.
- Then list the 'Particulars of Loss and Damage' as a separate sub-heading or in a separate attached schedule e.g. listing the additional phone charges you are claiming back.'
- If you are relying on an expert reports e.g. independent engineers report for faults with your mobile phone, state that 'The Claimant wishes to rely on the expert report of Mr [Name, qualifications, profession of [date].'
6- WHAT YOU WOULD LIKE TO BE DONE/ CANCELLED
- What resolution you wish to seek or what needs to be done to put things right
- Then list the remedy(ies) you are seeking on a separate list beginning with 'AND THE CLAIMANT CLAIMS.....'.
- If you are seeking compensation then the word 'damages' is used.
- If you want something to be done by the other party (EE, T-Mobile or Orange) and are seeking a court order to make them e.g. comply with a data protection act request, then state this is a remedy you are seeking and if possible supply a draft court order on a separate sheet.
- Finally remember to ask for 'Interest on any sums found to be owed to the Claimant'. You can claim interest usually 8%. To calculate this, work out the yearly interest: amount you're claiming multiply by 0.08 (ie 8%).
7- EXTERNAL RESOURCES
EE Complaints recommend "Pleading Without Tears" by William Rose for anyone wanting further help with Particular of Claim's content.
Copy of the N1 Claim Form (Page 1 of 2)
- You will need to enter both
your details as well as the defendant's details, brief outline of the claim and
the amount being claimed.
- You will also need to include the particulars of your claim here.
- Carry on using separate sheet if there's not enough space and attach to it.