The issue is, a friend sent their evidence/exhibits pretty late on. DWF didn’t send any. After the deadline had lapsed, they had then requested an extension which was granted and used the defendants exhibits in their own case/argument. The fact that the court allowed this is crazy but that’s a story for another day.

everyone, keep fighting. They are in the wrong

They are taking people to court yes but their evidence is circumstantial at best. Lots of ‘this may have happened’ ‘this probably happened’ but no solid evidence as such 

On 11/11/2023 at 14:46, Nongki said:

They are supposed to supply you with any documents they intend to rely upon in court, no later than 14 days before the court date

Funny you should say this,

I know of a case where DWF didn’t provide the documents they intended to rely on in court within the 14 day deadline but the defendant did.

A few days after this, DWF applied for extra time as they were working on agreement with Royal Mail which resulted in a longer time.

I suspect DWF are using this as a tactic to see what evidence you have and then countering against it.

The judge allowed this extra time coincidentally.

It stinks.

They'll say anything to argue their case, even though Adidas terms and conditions clearly state otherwise. The terms and conditions along with proof of your returns etc should be more than enough to get this case thrown out.

Fingers crossed for you

That's absolutely crazy! Did you mention the evidence you have of the returned items?

Fingers crossed for you.

@markdouglas Nope, all quiet on my front. It's been a farce from the beginning and purely scare tactics. They would get laughed out of court if they went that far.

@Nongki I hope this all went well for you.

Thanks Andy, appreciate the guidance

Thanks DX. When I finally file my defence with my evidence, if the solicitors have not sent any paperwork regarding the CPR to me should I mention this to add weight to my defence?

Thanks DX.

Just double checking, does the CPR 31.14 apply in this case as it's not really a consumer debt, it's more of a civil recovery attempt.? Once ive sent off the CPR, do I wait for a response or do I file a defence on the website on the very last day that I'm allowed to respond?

Great thank you

Which Court have you received the claim from ? Northampton N1

Name of the Claimant ? Adidas (paperwork to be sent to DWF)

Date of issue – . 24/01/2023

Particulars of Claim

What is the claim for –

 1. the claimant sold and delivered goods to the defendant.

2. The defendant subsequently invoked the claimants returns and withdrawal policy. Whilst the claimant processed a refund to the defendant in the sum of £3,996.17, it discovered the goods were never received back.

3.The claimant had therefore made the payment to the defendant as a result of a mistake.

4. It then demanded the sun on 24/07/2022z the defendant has failed to pay all or part of that sum.

i.the claimant is entitled to repayment of said sum and further claims Interest pursuant of s.69 of the county courts act 1984 at the rate of 8% from the date the claimant demanded payment totalling £612.28 and continue using at a daily rate of £1.04.

AND the claimant claims against the defendant 

1) the sum of 3996.17

2) damages in the alternative 

3) interest as aforesaid

4) costs

What is the total value of the claim? 4768.45
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Threatening letters from DWF demanding payment and saying coeval action MAY commence if not paid 
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes
 

Did you inform the claimant of your change of address? No

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Civil recovery
 

When did you enter into the original agreement before or after April 2007 ? Original date of my order was October 2021
 

Do you recall how you entered into the agreement...On line /In branch/By post ? Ordered online
 

Is the debt showing on your credit reference files (Experian/Equifax/Etc...) ? No
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original creditor is adidas but paperwork to be sent to DWF so I assume the debt has been assigned to them 
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No
 

Did you receive a Default Notice from the original creditor? No
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No (don’t think it’s applicable in this case)
 

Why did you cease payments? No payment made
 

What was the date of your last payment? N/a
 

Was there a dispute with the original creditor that remains unresolved? No contact from the original creditor, DWF popped up out of nowhere. Provided evidence of me returning the items to them such as tracking and confirmation  from adidas about receiving the items but they claim it was automatically generated and goods not received 
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No, was advised to ignore DWF letters 

Hi 

yes the claimant is adidas

thank you for that link but the letters it suggests you send all relate to consumer debt such as bills, current accounts etc whereas I believe this is a civil recovery ‘debt’.

any suggestions ? They’re wanting a massive £4k + 8% interest. I’m close to crying 

Hi

yes it’s the same format as that, it’s an N1 claim letter

Hi

i had a few letters early last year regarding a return I made to adidas which I received a refund and they claim a year later they hadn’t actually received it despite email confirmation saying they had and I received a refund.  

There have been numerous threads on this.

These were returned to adidas around September 2021 and then I started to get a few letters towards the end of 2022 which I ignored as directed.

today,

I have received this letter.

It appears as though they’re trying to issue a CCJ against me and have sent me a moneyclaim letter from

northampton courts 

im really worried, what do I do?

We’re just about to have a baby and a CCJ would ruin us

Hi MRA12

No it doesn't make any difference in all honesty. The emails are about as useless as the letters. I believe these have been getting sent for almost a year now and when backed into a corner, DWF have been unable to prove the 'debt' exists.

Please don't stress over these, no matter how concerning the language they use in their letters and emails. Ignore just like their letters.

Hi

Ignore these aswell as the letters. Notice how very generic the email is and doesn't address you directly? 'Sirs'? These are all automated and they use various templates.

IGNORE.