Screwfix have taken me to court for overdue account

[avocados]

Hi

 

I have an account with screwfix in which I believe the terms and conditions were me being billed at the end of the month and then getting a further 28 days or 1 month to pay. I could not afford to pay my bill I ran up in January/February which totalled around £7-800. I wrote to them in may explaining that I had been having difficulties and that I will be in touch with a repayment proposal, I enclosed a token payment of around £50 with this in the hope it will keep them happy.

 

Since then I have tried to negotiate on the telephone with the DCA they set on me but they demanded the full amount and refused to negotiate. I wrote to them offering a minimum of £40 per month but in it I wrote I'd hope to pay it off sooner. This letter went ignored but I have continued to pay them a monthly amount by cheques which they have banked in May approx £50, june £88.03, in July £57.20 and August £96.66 (they have not banked august's cheque yet) Balance is now down to approx £440

 

They have now started a court claim against me

 

http://s584.photobucket.com/albums/ss290/thk1111/Screwfix/

 

I admit to the claim but I don't believe they should be able to charge me 8% interest from the day that they were claiming because It was an interest free account, I think they have been heavy handed in taking me to court as I was making an effort to pay above what I could afford so feel that having to pay a court fee and solicitors is unfair and uneccasary.

 

I went to file an acknowledgement of service online but there is no password on the claim form? Why is that? Do I have to do it by post?

 

Is there any way of me not paying the court & solicitor fees and 8% interest or am I stuck with them now? Should I admit to all of the claim or part of (and make a repayment offer) or defend the claim in full?

 

Thanks

[Ganymede]

If you admit to all or part of it you will have to pay court fee and solicitors costs.

 

I would acknowledge the claim so that you get 28 days to file a defence.

[AndyOrch]

Hi

 

I have an account with screwfix in which I believe the terms and conditions were me being billed at the end of the month and then getting a further 28 days or 1 month to pay. I could not afford to pay my bill I ran up in January/February which totalled around £7-800. I wrote to them in may explaining that I had been having difficulties and that I will be in touch with a repayment proposal, I enclosed a token payment of around £50 with this in the hope it will keep them happy. Do you have the T&Cs of your Trade account handy Avocados?

Since then I have tried to negotiate on the telephone with the DCA they set on me but they demanded the full amount and refused to negotiate. I wrote to them offering a minimum of £40 per month but in it I wrote I'd hope to pay it off sooner. This letter went ignored but I have continued to pay them a monthly amount by cheques which they have banked in May approx £50, june £88.03, in July £57.20 and August £96.66 (they have not banked august's cheque yet) Balance is now down to approx £440 You retained a paper trail and copies of requests?

They have now started a court claim against me

 

http://s584.photobucket.com/albums/ss290/thk1111/Screwfix/

 

I admit to the claim but I don't believe they should be able to charge me 8% interest from the day that they were claiming because It was an interest free account,providing you settled on time I think they have been heavy handed in taking me to court as I was making an effort to pay above what I could afford so feel that having to pay a court fee and solicitors is unfair and unnecessary.

 

I went to file an acknowledgment of service online but there is no password on the claim form? Why is that? Do I have to do it by post? Claim issued by Basingstoke not MCOL so yes

 

Is there any way of me not paying the court & solicitor fees and 8% interest or am I stuck with them now? Unfortunately yes unless you negotiate settlement with the Claimant before trial should it proceed to trial Should I admit to all of the claim or part of (and make a repayment offer) or defend the claim in full? What would be your defence to defend in full? How important is your credit record to your trade career?

If you do defend and lose that CCJ will be with you for 6 years and not something a tradesman needs IMHO

Thanks

 

Regards

 

Andy

[avocados]

Hi, thankyou for your reply.

 

Do you have the T&Cs of your Trade account handy Avocados? Terms and conditions are here...

http://www.screwfix.com/sfd/content_pdfs/screwfixTRADEAccCAAP.pdf

 

You retained a paper trail and copies of requests?If by a paper trail do you mean did I keep copies of my correspondence then yes, payments were sent monthly by cheque to them.

 

providing you settled on time

They are trying to charge me interest from february, payment was not due until the end of March. Terms and conditions state (section 2.6) that overdue payments will be charged interest from the due date and at 3% above the base rate (so 3.5%?) not 8% they are claiming

 

Claim issued by Basingstoke not MCOL so yes

Ok thankyou for info

 

Unfortunately yes unless you negotiate settlement with the Claimant before trial should it proceed to trial

What would be your defence to defend in full? How important is your credit record to your trade career?

If you do defend and lose that CCJ will be with you for 6 years and not something a tradesman needs IMHO

I do admit owing the money and I would love to be able to pay them back, I made an effort to negotiate with them which was refused/ignored.

I can not afford the balance in full and would have paid by now if I could have. And just when the balance was getting down to a more manageable level where I may have been able to offer them the full balance they take me to court and add £125 fees and costs and £23 interest to the balance and by doing so upping the amount owed to closer to the original balance so it feels that the monthly payments which I have struggled but managed to send have been a complete waste of time- it just p*ss*d me off that's all.

 

Whats the best way to negotiate payment? Hopefully settle out of court and without the extra fees/costs? If I made an offer of £440 which is the outstanding balance less fees and costs are they likely to accept?

[AndyOrch]

HI Advoc

 

The devil is in the detail and the T&Cs at which credit was offered,now if you feel you have been unjustly treated with unfair interest being applied then you may have a case to defend.Your offer of negotiation was ignored/refused.

If it was not for the fact that should you defend and lose that CCJ will blight you for 6 years and having said previously not something a Tradesman needs.

In your position i personally would contact the Sol instructed to deal with the matter and start negotiations again.State the balance the original balance and your position and offer and hope that common sense prevails.

Failing that then you have no alternative but to defend as anything less will lead to a CCJ.

Defence should refer to their T&Cs any agreement you signed any LBAs and of course your Paper trail to negotiate settlement.

 

Let me know what transpires but keep an eye on your dates to submit your AoS.

 

Regards

 

Andy

[avocados]

Is this letter ok? I am going to e-mail them my offer

 

Dear Sirs

 

You have issued a claim against me regarding a Screwfix account.

 

I believe this was unnecessary as I was reducing the balance and had made several attempts to enter negotiation with Screwfix.

 

Screwfix are aware of my financial situation and the reasons I have found it difficult to clear the balance when I wrote to them in May. In this letter I informed them that I will be in touch with a repayment proposal shortly and enclosed a payment of £49.03

 

I then wrote to them in June and offered Screwfix a minimum of £40 per month but would hope to pay more and enclosed payment of £88.03. My letter went ignored but I have continued to make payments of £57.20 in July and £96.66 in August. Screwfix chose not to write back to me to reject my offer but have continued to send me monthly statements showing my reduction of the balance.

 

I therefore assumed that as Screwfix were cashing my monthly payments and had not rejected my proposal that we were in agreement with my offered payment plan.

 

I have now received a Claim form by yourselves from Basingstoke Court, I am unable to afford the extra Costs, Fees and Interest that have been added and also believe that this addition to the balance is deeply unfair because I have made every attempt to negotiate with Screwfix and I have exceeded the minimum monthly payments I had offered.

 

Please except my offer of Final settlement of the full remaining balance of the original amount borrowed: £446.14. If accepted please provide me with an address to make payment to and I can settle the balance out of court within 14 days of this e-mail.

 

I look forward to your Reply

 

Yours Sincerely

Avocados

[AndyOrch]

Hi Avoc

 

Did you recieve a LBA from Shoos allowing any negotiation?

Does the summons amount equate to your balance less payments?

Letter is fine but I personally would phone them first and verbally try to make inroads ask for the litigator dealing with your claim.

 

Andy

[avocados]

Yes I have found a letter before action from shoosmiths, received on 20th July when the balance was £600. I have sent two further payments since then.

 

Balance offered is balance less payments yes

[AndyOrch]

Summons amount should equate to payments made up to the summons date.

[avocados]

Summons amount is £542.80, they have not banked my August cheque yet which would take the balance to 446.14

[AndyOrch]

£542.80 inc Sols fee and Court Costs and not your last payment.Keep an eye on the date when they cash your last payment they should return your cheque now Litigation has commenced.Make sure you have the correct fig ring them up and thrash out a settlement and let me know their response.

 

Regards

 

Andy

[avocados]

Sorry no you got figures wrong. The claim is for:

 

Balance £542.80

Interest at 8% from Feb £23.11

Court fee £55

Solicitor £70

Total £690.91

 

The balance does not include minus £96.66 which I have ready sent last month, which gives the figure of £446.14 I am going to offer

[AndyOrch]

Irrespective, just get your figure correct and then catch them on the hop (they sooner prefer to hide behind letters)

Thrash a settlement out

[avocados]

I have contacted shoosmiths. They say that they can not decide on a decision themselves and have put forward my offer to screwfix to see if they will accept my offer and are waiting to hear back from them.

 

Fingers crossed they say yes

 

Although will have to find £446 in 2 weeks if they do

[AndyOrch]

Keep a record of this offer and any responses you receive.They will accept because if you submit a Defence they will have to submit an AQ (Allocation Questionnaire) more expense!!!! You have 33 days to act 5 deemed served (28 days) 14 to AoS and another 14 days to submit a defence should you wish to, keep an eye of the time frame and also check with your Court the very last date you can AoS (Acknowledge Service).

Im sure they will settle but i know they may string it out in order for you to miss your deadline.

Even if you have to beg steal (well not literally) or borrow Avoc worth while as your credit reputation is priceless to you in your occupation.

When the dust as settled you may wish to change supplier (a lesson learned)

 

Keep your thread updated and I wish you all the best with your predicament.

 

Regards

 

Andy

[avocados]

I make the last date for AoS to be Sat 11th Sept (23rd Aug + 5 + 14)

 

Will update when I hear back from shoosmiths.

 

Thanks again for your advice

[AndyOrch]

Ok but check Avoc im sure claims from Court (ie not MCOL Northampton) may be 3 days served.Wouldn't want you to miss by 2 days and they get Judgment by Default

[avocados]

I have not heard back yet from shoosmiths to find out if screwfix have accepted my offer.

 

I'm going to send off the AoS tomorrow to make sure it arrives on time and they don't get awarded judgement. Just a question about filling the form in- Am I best to defend all of it or admit part of the money they claim?

[AndyOrch]

Defend all anything less allows CCJ by default.As it was only Thurs you made the offer I would advocate a few more days before AoS.Have you rang the Court to confim exactly last date for AoS?

[avocados]

Had an e mail reply today and it is good news...

 

Hello Avocados

 

Please be advised we will accept the offer of £446.14 in full and final settlement. Please can you forward payment to our office. Our address is Apex Plaza, Forbury Road, Reading, RG1 1SH. We look forward to receiving payment by the 20th September.

 

Kind regards

 

Shoosmiths

 

Do I need to do anything such as update the court? Or just make sure I pay by the 20th?

[AndyOrch]

Hi Avoc

 

Ok excellent news you now need to communicate with the Sols and ask for a NoD (Notice of Discontinuance) to be forwarded to yourself and Court.

Keep checking with your Court this as been received.Then you will forward payment on receipt.

Alternatively attach a copy of that email to the N1 and forward payment to your County Court dealing.

 

 

Regards

 

Andy

[avocados]

Hi Avoc

 

Ok excellent news you now need to communicate with the Sols and ask for a NoD (Notice of Discontinuance) to be forwarded to yourself and Court.

Keep checking with your Court this as been received.Then you will forward payment on receipt.

Would they do this before I have sent them payment? I'd have thpught that they would not be happy to do this until my cheque has been received?

Alternatively attach a copy of that email to the N1 and forward payment to your County Court dealing.

I won't have the money in my account for at least 7-10 days from now so can't send payment just yet.

 

I'm just worried that even though I have come to an agreement with shoosmiths to pay by the 20th Sept that if I don't return the AoS by Saturday or they don't inform the court that we have an agreement then would they automatically be awarded judgement? Or do they have to apply for this if I am slow to respond?

[AndyOrch]

Hi

 

Well you have a copy of their acceptance should this go pear shape.But to ease your mind ring them and ask them to clarify their intentions and that you will still AoS anyway should anything inadvertently happen before your deadline.They are the Claimant and its their duty Discontinue.

 

Regards

 

Andy

[avocados]

I have spoken to them and just as I thought they won't NoD until payment has been received and cleared.

 

Do I need to do anything in the meantime, do I send off the AoS or do I need to update the court? or do nothing and just make sure I pay by the 20th?

[AndyOrch]

Very trusting arnt they ok make payment and submit your AoS to defend also.Await NoD you can always retract your plea once everything is in order.

 

 

Regards

 

Andy