Brilliant thank you very much for that. Will get something wrote up for her.

Hello please bear with me on this as its quite long winded. 13 year ago my sister in law was found frauduantly claiming benefit. She paid it back at the time. This week shes received a letter from a debt collection agency saying it was never paid and she has to pay it. Shes rang and spoke to the court who have confirmed it was paid in full but they will not provide a letter stating this which i find strange. Does anybody have any advise on what type of letter she could send. Thanks in advance Lynn

Thank you I'll be sending Panasonic a letter on Monday. Thanks Very Much Again

Thanks would I still be entitled entitled to a refund tho even tho I let them repair it once and now the TV is 16 month old? Thank You

Hello, here goes. July last year we purchased a Panasonic 3d TV from comet and also paid for an extended 5 year warranty. 2/3 month after having bought it it broke down was taken in for repair (took about a month). Since then it has broken down 3 more times. twice after a power cut and once when I was decorating and moved the telly to decorate behind it. The TV has no power once its either unplugged or theres been a power cut and will take anything from 2 to 4 days to turn back on, which I have never known to happen with any other tv that own or have had in the past. As the tv is now almost 16 month old I contacted the warranty people to be advised that I wont be covered as it was a power shortage . I explained this isn't the first time it's happened as my notes should say about last time with the decorating, and that it is not normal for a tv to take a couple of days to turn back on. I was advised that they would do me a partial refund on my warranty. Which is all well and good but how do i stand on the fact that it cost 450 for a tv that wont turn on after 16 month. Any advice I would be grateful to receive.

You are right in how you've worked it out. I've just been working this out as I have been really confused and now I think I have got it. I didn't think I owed on goods but realized the other day that I owed the £47. I have actually only paid in total £84 of the charges. The rest of the charges have been added during the time when I was still paying them due to paying late etc. I stopped paying them when I thought I had paid the goods off and they just stuck on charge after charge. I think I may have been a little quick to issue the money claim without working the figures properly first. I now have a figure in mind that I'm going to send to them by way of settlement in that I'll ask for £37 plus interest plus court costs paid. The 37 figure comes the 84 charge minus the 47 I owe them. Does this seem right to you or am I still confusing myself.

Please ignore the message above it is just some simple yes and no questions .... I must read things properly before posting on here. Sorry

Hello, I have today received the catalogs defence in the post from the court. They have said that I have until the 5th June to reply or my case maybe struck out. They have asked me to complete a Small Claims Directions Questionnaire in (Form N180) and file it with the Northampton Court Office and serve copies to all parties. Is there a sticky on here to help me fill this in what somebody could post a link to please as I can't seem to find one. Sorry To Be A Pain

Thanks for the replies. It is very confusing so hopefully this will break it down better. Steamboat: The charges all in total applied since 2008 come to £336 with 2 more added since for Feb and March 2013 (which I haven't asked for them back so should be £360) so for arguments sake I'm gunna stick with the 336 I originally asked for. This is charges alone and does not include any interest. Looking at the paperwork they have sent my balance carried forward as of November 2011 was £68 I know this didn't include any charges as my last charge before this was Jan 2011. I since then purchased goods totaling £235.95 my last order being placed in March 2011. So total amount here is £303.95. I have paid to them in total since November 2011 £256.59. This is the first time I have seen a short fall on the goods. They have since November 2011 applied charges of £216 to the account. the £336 figure I came to comes from 9 previous charges between 2008 and Jan 2011. I hope this makes a bit more sense now steamboat. Andy: Please see below: The Claimant has an account XXXXXXX with the Defendant, opened approximately November 2003 Since then the Defendant debited charges and interest in respect of purported breaches of contract. Defendant is aware of all details as a list of charges has already been supplied. Claimant contends The charges exceed the Defendant's losses caused by the breaches. The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. Claimant claims return of the amounts debited of £336. Interest per S.69 County Courts Act 1984 of 8% £38.09 continuing at 8% until judgment or settlement at a daily rate of £0.07 The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 10/01/2013 to 17/04/2013 on £374.09 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.07. Thanks Again

Hi, rengade sorry I only just saw your reply, yes I used a spreadsheet.

OK so I have just decided to check the claim online and they issued a defence yesterday! I am now slightly worried there defence is as follows: Defence The defendant denies any liability to the claimant. The claimant has not made payments in accordance with the account terms and conditons in place between the claimant and the defendant and as such, pursuant to such terms and conditions, the defendant is entitled to charge late payment charges. The defendant denies that the relevant term of the agreement between the claimant and the defendant allowing it to charge late payment charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at common law. In the alternative, the claimant has not paid all the late payment charges that have been applied to her account, so the defendant has the right to offset any amount awarded against that which is outstanding. Furthermore, the defendant has no legal basis on which to claim interest on amounts not paid. Please advise on what I now need to do as I think this is a little out of my depth. Again Thanks In Advance

Hello, Could somebody just please check the figures below for me before I send my reply back if possible. I don't want to seem as though I don't know what I'm talking about A refund direct to me of all charges and interest from late payment fees paid up to and including August 2012 when the catalog received my last payment. The total charges of £180 this should be £288 however I haven't included the months of February, May, June and July 2012 as payment was not made by me. Interest now at a total of £33.74 plus court costs of £35. Grand Total £248.74 to be returned direct to me by way of a cheque. Also all default notes that are on my credit file be removed. The outstanding balance on the account should also be cleared. If my workings are correct tho as I have an outstanding balance of £280 this would then cost them more than what I have asked for or am I looking to deep into it and thinking too much please help and any advice is greatly appreciated. Thanks In Advance Again

Thanks for the reply. Yes you have understood it correctly re the charges and me not paying anything since August I did think about that too to be fair to them. That's great advice. I'm just going to number crunch now and send my reply. Many Thanks

Thanks for the quick reply. I did think it was strange how they could 'buy the debt back' so quickly. I did call the DCA myself to explain that I had issued a claim against the catalog company and they have put it on hold for 28 days at there decision to do so. I will keep an eye on the dates as you say as I know the 28 days are up tomorrow. In the last email the solicitor sent with the offer of the £300 she did say that the offer was open for 7 days and after that 7 days it would be retracted. Will that have any effect on the court dates? Again Thanks In Advance

Hello, any help here would be much appreciated as I'm really unsure what to do. (I don't even know if I've posted in the right place! sorry if I have) I issued a money claim online against a cataloge company for late payment charges including these the interest and court costs the total came to just over £400. They advised they were defending the claim (the 28 days is up tomorrow). I received an email from their solicitor a week and half ago asking me to call them to discuss a settlement. I emailed back and said I would discuss a settlement but only via email or post so I could keep copies for my own record. (I didn't want to say something I may later regret). On Thursday of last week I finally got a reply advising as the outstanding balance of £280 was now with a dca legally they don't have to defend it but as a gesture of good will they would buy the debt back and clear the £280 outstanding balance. I emailed back to say that I was happy for them to clear the balance but was looking for more as there were court costs and interest also. On Friday I received another reply back advising they would pay out £300 £280 to clear the debt and a £20 cheque to me. They said that as I had in effect not paid most of the charges (I haven't paid anything on the catalog since august 2012) then it would look good if this went to court as I am basically asking for money that I haven't paid. And as they felt there offer was reasonable they would inform the court of my decision to not be reasonable. (Probs a scare tactic and it's working). I emailed back to confirm that I thought my claim amount was reasonable and the outstanding balance wasn't actually for goods but rather charge after charge been added to the account. I also advised that in the paper work they sent out to me there was no notes of me calling them other than for a fault with a purchase back in 2009. But that I had evidence that I called them to ask them to move my payment to avoid the charges due to a change in my work but was constantly advised no. I then said I would seek advice from own solicitor and left it that. And this is where I am, sorry for rambling but I really do not know what to any more. Any help or advice will be greatly appreciated. Thanks In Advance

Hi need help asap please. Last week I received an email from Littlewoods solicitor asking me to call them to discuss a settlement. I emailed to say that I would only deal with them via email or post but I was open to any settlement suggestions! The 28 days is up this coming Tuesday. Today I have received another email stating as my account has been bought by Lowell's legally the defendant IE Littlewoods doesn't have to answer this case, however as gesture of good will they will buy the account back and clear my balance off of £288. I would like my court costs back at least lol I originally asked for just over £400 and am currently charging 7p a day daily interest rate. Any advice on what to reply back or how to take this forward would be appreciated. Thanks In Advance

Hi, Thanks very much for the reply, and I will have a good look about to get myself prepared. Thanks Again

Hello, I filed an MCOL on the 17th April received a letter from court a few days ago to say my claim was posted to Littlewoods on the 18th April and would be deemed as served from the 23rd April. I have today recieved another letter from the court to advise that Littlewoods intend to defend in full and have a further 28 days to respond. Has anybody had any expereience with taking on Littlewoods if so what do I need to expect and do I have to do anything myself in the 28 days. Thanks in advance

Not a problem and yes it'll be interesting to see how we both get on

Oh and I would send the same the letter for your kays and littlewoods accounts too

I'll just ignore them then I can't find my Letter Before Action (I'm hoping it's on the other laptop my son is using for his homework at the minute) I have just found one on which which looks very similar to the one I sent I've copied and pasted for you as I'm not sure how to attach on here hope it helps. Your Address [supplier's address] Dear Reference: [a single sentence summing up your claim] As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct. [Provide a summary of the facts of the dispute] From you I am claiming [state what you want from the party you're claiming from] I have calculated this sum [state how you have calculated the amount being claimed] Listed below are the documents on which I intend to rely in my claim against you: In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents: I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts. I would invite you to put forward any proposals in this regard. [Alternatively you can set out details of any ADR scheme that you would be prepared to use] In closing, I would draw your attention to section II (4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. I look forward to hearing from you within the next 14 days. Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you. Yours sincerely,

I have only had 1 letter which I got on friday, an email that they sent on monday and today I have had a call to the landline but I wasn't in. I pressed 1471 when I got in and googled the number and it came up as Lowell's. They have since about 4.30 sent a text to my landline asking me to call them. I'm going to ignore them for now but if the phone calls keep up I intend to send them the Harrasment Letter that is in the Library on here. How have they been with you? As I say mine has only just been passed to Lowells so it's new to me too

Hi I can't find them but will upload mine that I sent when I get a proper minute. And it seems that way I got the exact same letter back as you. I then sent them an Letter Before Action and still was told no so I'm trying to fill a Money Claim Online in at the minute. I think they think we will fall because they have said no but I won't back down on mine I'm digging my heels in

I'll have a look now and see if I can add to your post for you

Hello, I'm not an expert here and I am going through a similiar thing myself. This is a standard response (mine was worded the exact same only with Littlewoods). You now need to send them a Letter Before Action Letter which you can find in the templates Library on here and just wait to hear your response from them.