can i still claim from Shop Direct group?

[citizenB]

No, credit card/store card charges remain unaffected by the SR ruling.

 

[choppers]

thanks (phew) and what about with regards to not going through MCOL?

[citizenB]

sorry, missed this question yesterday. If it is advised you shouldnt go through MCOL, then best you go through your local county court:D

[choppers]

So after claiming last month, today i have received a letter from Shop Direct, in which they claim that all monies are owed (by me) again listing charges and reasons for charges.

 

Is this the usual course these actions take?

 

I presume my next step is to ask the court to enter judgment.

 

How long does this process take and what is the likelihood that either;

A) Shop direct Settle before judgment

or

B) The Court finds in my favour.

 

thanks for any help

[choppers]

So i have received their defence today from the CC

it says it has to be completed by the 28th Jan and returned to the CC.

 

theire defence statement is as follows

The defendant confirms that charges were applied to the claimant's credit accounts, dut to failure to make the required payments. The defendant denies that any such charges are unlawful or penalties.

In any event, the claimant is notentitled to claim recovery of charges that he has not paid, and he has not paid the charges claimed.

Furhter, three of the ofermentioned four credit accounts are in arrears, totalling over £500, and the defendant would therefore have the common law right to set off any claimed liability against those arrears.

The defendant denies any liability as claimed

 

So how does this look?

 

in response, yes only about 20% of the charges were paid, but 2 accounts are in arrears because of the charges, and i presumed that rather than a refund in those cases the account would be put back into good standing?

 

So now i have to fill in the questionaire (any thoughts on this) and return it. How quickly after returning it do things move along, and is this the course that other winning claimants' claims have taken.

 

sorry if i seem keen but this is all new to me, and whilst i am fully prepared to put up a defence in a hearing, i am hoping that it does not come to that.

[citizenB]

If you have anything further to add in respect of their Defence.. ie a rebuttal to some of the points they have made, then you need to do that in the form of a Witness statement "in response". If you have been given a court date, then you will need to get your response to both the court and the defendant 7 days prior to the hearing.

 

If there are arrears then they will almost certainly be allowed to offset against those accounts.

 

Yes, it is normal for the companies to say that their charges are lawful. You will need to have a look at other threads to see how they have argued against them.

 

What exactly needs completing and returned by the 28th. Have you been sent an Allocation Questonairre ?

[choppers]

Thank you for your response.

 

Yes i have received the allocation questionaire' this is what needs to be completed and returned by 28th.

 

The main thing i am interested in is; is it now inevitable that this will go to court, or is there precident for a settlement after a court date is set?

 

You also suggest my reply to their defence should be in the form of a witness statement 'in response'

Is this something that can be done before a court date is issued or can i simply add this now to the Allocation questionaire in the 'other inofrmation' section?

 

If the above is not the case, is there anything that can be put in the allocation questionaire to strengthen my cause?

 

thanks

Edited January 25, 2010 by choppers

[citizenB]

In answer to your question - how likely are they to continue to court. I guess it all depends on how strong they believe their claim to be against you.

 

They may consider that it isnt cost effective, especially as you are reclaiming charges.

 

have put some links to AQs below for you. You dont say if yours is N150 or N149 so both types are shown. If you want to have a go at completing it and post back again. then we can see if everything is ok.

 

I would either photocopy / or use pencil until you are certain you are happy with the final responses.

 

Link Financial County Court Summons - N150

 

Directions for N150 or N149 Allocation questionnaire - Paul's guide to N149 & N150 AQ's

 

Allocation Questionnaire...Urgent help needed please!!! - N150

 

Court papers received- what now??!!**WON**CASE DISMISSED - N149 (with draft order for directions)

 

upto the eyeballs v CL Finance No CCA IN COURT ** Help ** - N150

 

The dreaded court claim came today... - N150

 

HTH

[choppers]

wowee, looks like i've got some reading to do. (sorry did not know there were different kinds, it is N149)

thanks muchly citizenB (unfortunately i have to spread some love around before giving you anymore )

[choppers]

This is the third time i am writing this (bloody PC chose today to give me the Blue screen of Death!) from what i have read i cannot seem to find an N149 with similar circumstances to mine? they seem to be when the bank/lender has issued proceedings or on accounts with no CCA.

 

so with regards the AQ my answers should be?

 

A Settlement ?

 

B Location no

 

C Track yes

 

D Witnesses 0

 

E Experts no

 

F Hearing No

 

G Other Info (something pertinent to my case and preferably helpful)

 

H Fee no (as it's less than £1500)

 

now on g what can i put?

my claim is for penalties/UTCCR.

 

I have received many £12 penalties for receiving letters, and phone calls, and in some instances when i have been out for one day and spoken to them the next, i have received a letter a few days later stating 'due to the concerted effort they had to use to contact me = £12 charge.

 

Also one account had a very small amount (that i was unaware of) and did not receive notice of until 9 months later i received a letter from NDR asking for almost 20 times the original amount, and received no phone calls or arrears letters.

 

also (although not stated on claim) 2 accounts have no CCA and one just has a single sheet with my Signature and an invalid DOB.

 

I hope there is something in all this that can make a compelling argument in the other info section?

[citizenB]

This is the third time i am writing this (bloody PC chose today to give me the Blue screen of Death!) from what i have read i cannot seem to find an N149 with similar circumstances to mine? they seem to be when the bank/lender has issued proceedings or on accounts with no CCA.

 

so with regards the AQ my answers should be?

 

A Settlement ? Yes, because it shows willing. or No, because you have already tried to settle and the creditor has been unwilling to negotiate.

 

B Location NO - Obviously it has been changed to your local court so No is correct, you dont want it moving

 

C Track YES - you want this kept on the small claims track

 

D Witnesses 0 - Correct, there is just you as "witness to all facts"

 

E Experts no - leave other boxes blank

 

F Hearing No - if there are any dates you cant attend then enter them

 

G Other Info (something pertinent to my case and preferably helpful)

 

H Fee no (as it's less than £1500) I dont know about fees, but I guess you have checked

 

now on g what can i put?

my claim is for penalties/UTCCR.

 

I have received many £12 penalties for receiving letters, and phone calls, and in some instances when i have been out for one day and spoken to them the next, i have received a letter a few days later stating 'due to the concerted effort they had to use to contact me = £12 charge.

 

Also one account had a very small amount (that i was unaware of) and did not receive notice of until 9 months later i received a letter from NDR asking for almost 20 times the original amount, and received no phone calls or arrears letters.

 

also (although not stated on claim) 2 accounts have no CCA and one just has a single sheet with my Signature and an invalid DOB.

 

I hope there is something in all this that can make a compelling argument in the other info section?

 

 

Hmm, ok these are credit card penalties.. I will have a look and see if I can find something suitable for section G

 

BRB

[citizenB]

When you put in your claim, did you use the template POC (N1) from here

 

CREDIT CARD RECLAIM POC N1

 

 

and the draft order from here - You would have needed to scroll down to ensure you had the credit card information.

 

DRAFT ORDER

 

In the link below you will find some ideas on how to complete the N149 and some suggestions for section 'G' N149 is the first form you will need to scroll to the bottom of that section for all information.

 

CAG N149 FORM

 

If you cant find what you want/need amongst the lot above.. then just yell.

 

You should also be aware that they may just try and con the judge that the recent OFT case in respect of Bank Charges applies to this case. Not so, Credit Card charges have already been established as penalties in 2006 and the OFT case has NO bearing whatsoever on your claim.

 

Anything else I can find that will be useful I will post links up for you.

[choppers]

no, i do not have any cards with these companies it is a catalogue (maybe they come under the same category?)

 

i do not think i used the N1 you have highlighted but think i used this one Money Claim On-Line (MCOL) Particulars of Claim (obviously edited down to fit) i can show you the particulars of my claim if necessary (but by PM as not comfortable putting them here)

 

I have not done/seen anything about the draft order before now

 

CAG N149 FORM i can find nothing other than general notes and nothing specific to a penalties/utccr case?

 

I am starting to get worried now...

[citizenB]

I hit the SOS button earlier on for you in the hope that one of the site team may well recall a thread that would have used these. I will go and check if anyone has replied.

 

Yes, feel free to pm the POCs to me.

[choppers]

looks like i am going to have to enter non-legalese English in my Other info section... Is there at least some precedent i can quote that might help a judge or put of going to court...

 

This will probably have to be hand delivered now, as it has to be in by tomorrow.

[citizenB]

Hi choppers, sorry, I have been having problems logging in to CAG this morning.

 

You will need to print the following OFT guidance on Credit Card charges, out. There may also be something you can use for section G

 

http://www.oft.gov.uk/shared_oft/reports/financial_products/oft842a.pdf

 

If you have problems with the link then pop oft842a into your search engine and it will bring it up for you.

 

Hope this helps..

[choppers]

sorry I'm not quite sure i understand;

why do i need to print this out? to attach to my AQ's?

 

also the majority of the charges i have incurred are £12 with only about 5 £15 charges and several for £10

 

also CB i will shortly Pm you the rough statement (without any legal precedent) to peruse.

[choppers]

beginning to wish i had gone the no acceptable CCA route?

 

Just out of interest, if i lose this, will i incur costs from the other side? (legal fees etc)

[citizenB]

beginning to wish i had gone the no acceptable CCA route?

 

Just out of interest, if i lose this, will i incur costs from the other side? (legal fees etc)

 

There is a limit on costs on the small claims track so if you WERE to lose then it would be minimal

[st8]

There is a limit on costs on the small claims track so if you WERE to lose then it would be minimal

 

Does anyone have a link to any information about the costs to the claimant should they lose?

 

Can't find anything on the small claims website or google.

 

Thanks

[citizenB]

Does anyone have a link to any information about the costs to the claimant should they lose?

 

Can't find anything on the small claims website or google.

 

Thanks

 

 

PART 27 - THE SMALL CLAIMS TRACK - Ministry of Justice

 

It is often said that there is a “no costs” rule in the small claims court. However, this does not mean that a victorious party cannot recover any costs incurred in a small claims case. Part 27 of the Civil Procedure Rules sets out the maximum costs which a judge can order a party to pay. Whether or not the judge will order a party to pay costs is ultimately a matter for him.

 

 

 

The costs awarded may depend on a number of factors including the relative financial status of the parties and their behaviour before and during court proceedings. If any costs awarded by the judge do not cover the expenses actually incurred, the party will have to pay them out of their own pocket.

 

HTH

[choppers]

well it is now getting close to the court date (how close can they leave it?) and i have received no contact from shop direct trying to barter a deal.

 

and littlewoods have now sold off the debt to Lowell Group, even though they do not have a valid CCA (well actually there is no CCA)

 

i am now thinking maybe the CCA route was the way to go, as only 1 of the three companies (under Shop Direct) i am challenging has a CCA.

 

and although Empire Stores had stopped applying charges to my account after i challenged them on a CCA. Since i have bought this action they have started adding charges to my account again.

 

So then, any opinions on what i should do?

 

should i sit this out or change tact?

 

as always any help is appreciated.

[miss muppet]

Whats the rush, don't you want to see what comes back in the SAR, might turn out you're not claiming enough. With regard to them chasing, if they are phoning, send them the harassment letter, if they have no agreement there's not a lot they can do - you could let them raise the money to take you to court and then hit them with your evidence, but yes if you want you can raise the claim online through MCOL.

[choppers]

?

 

A Sar was sent (and info received) about 6-9 months ago.

 

a claim has gone through and a court date has been issued. (over 2 months ago)

 

The court date is approaching fast (less than a month away)

[miss muppet]

Sorry choppers, that'll teach me not to read your thread in its entirety!