Very/NDR catalogue PENALTY charges reclaim - filing for court **WON***

[Andyorch]

Thanks Andyorch, Ive not done this before so please excuse if these are stupid questions! Do I just state in the POC section for example "POC attached" and then attach the relevant word doc containing the POC? No you must give a brief synopsis of the claim and loss and request sec69 interest then type a further particularised Particulars of Claim to follow.

 

I was also wondering what would happen if for example my POC contained some information that was incorrect, being as I have copied someone elses (as i have copied from someone previously who made a credit card claim) If the POC did contain confusing info would they just return it or quesry it with me, or would i just instantly lose?

 

Then dont use it ..if you dont understand it dont plead it as you may well have to explain it.

 

Thank you very much for your help

Getting nearer to issuing my first claim! -

 

Regards

 

Andy

[surrey_36]

Thansk Andyorch, I dont think i can do this, im not sure of what im doing, I dont know what sec69 interest is, will anyone put together a POC for me, would be happy to pay obviously!

Regards

 

Andy

[surrey_36]

Can anyone assist me with this line of the POC;

 

(3) Interest under section 69 of the County Courts Act1984 at the rate of 8% per annum from the date of payment of the Charge to datein the sum of £163.06 and at the daily rate of [ xx ] until judgment or soonerpayment.

I am not sure what rate is supposed to go into the box [ xx ] ??

Is this the rate of interest VERY charged me 44.2% ?

cheers!

[Andyorch]

No its sec69 interest 8% broken down into days.

[Andyorch]

To calculate the interest, you first need to work out your daily rate of interest. Usinga calculator, do the following:

 

0.00022 × the amount of your claim – this gives you your daily rate of interest

 

You then need to work out the amount of interest you are owed up to the date you issue your claim. Count how many days have passed since the money became owed to you and multiply that number by your daily rate of interest.

You must write your claim in the following way:

 

‘The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year from (date whenthe money became owed to you) to (the date you are issuing the claim) of £ …(put in the amount) and also interest at the same rate up to the date of judgment or

earlier payment at a daily rate of £… (put in daily rate of interest)'.

[surrey_36]

Thank you Andyorch! I issued my claim on Friday so ill keep this posted! fingers crossed , many thanks

[Andyorch]

[surrey_36]

Hi andyorch, or any Caggers that can help, I received "notice that Acknowlegment of Service has been filed" Dated 16th September. It says the defendent has 28 days from the date of service of the cliam form to file a defence.

I also have a " Notice of Issue" saying my claim was issued on September 2013, and that the defendent has until the 25th September to reply.

I have not had anything else int he post or had any further communications, do I need to do anythign?

thanks for your help!

[Andyorch]

So count the 28 days and keep your eye on the MCOL screen...if they dont submit a defence request judgment.

 

Andy

[surrey_36]

Hi Andy yes just logged onto money claim online and it says they filed a defence on the 14th October. do I just have to wait for a court date now?

Are generally these cases successfull?

[Andyorch]

Okay the court will forward a copy of the defence to you to consider and decide if you wish to proceed.Inform the court on your decision and DQs will then be sent out for both parties to complete which will then allocate the claim to your local County Court.

[surrey_36]

Hi andyorch this has come today "Notice of Propsed Allocation to the Small Claims Track"

and it says "The defendent denies any liability to the claimant. The defendent donfirms that certain charges have been applied to the claimants credit account becuase of the claimants failure to make the required scheduled payments in accordance with the terms and conditions of the relevant credit agreement. The defendent denies the allegation that the charges are unfair and excessive."

 

Is this the usual sort of response, are they hoping from this I will back down?

[Andyorch]

Come from where surrey?

[surrey_36]

OK its just says "notice of Proposed Allocation to the Small Claims track"

In the Northampton (CBBC) County Court

Claim no: XXXXXXXX

Claimant: Me

Defendent: Shop Direct Finance company Ltd

Date: 14 October 2013

 

It says ;

 

TAKE NOTICE THAT

1. This is now a defended claim. The defendent has filed a defence, a copy of which is enclosed.

2. It appears that this case is suitable for allocation to the small claims track.

blabla

3. You must by 31 october 2013 complete the small claims directions questionnaire (Form N180) and file it with the court office

Northampton (CCBC)

4. By the same date the allocation of £40.00 is due. This is payable by the claimant unless proceeding a counterclaim only.

 

then it includes the the form N180

[Andyorch]

So as my post #86 then.

[surrey_36]

OK got it. Thank you Andy.

[surrey_36]

Hi, I recently had to end self employment and am now on income support temporarily until i can start up my business again.

 

I owe Very/NDR about £200.00 which i have been paying around £25.00 a month for (in fact im takign them to court for excessive charges which is all in another thread on here!)

 

I recently sent them a nice polite letter asking them to accept a token payment of £1.00 a month due to my difficult circumstances

 

and on the 31st december i had a reply from NDR saying they could not accept my proposal and that I had to call them to discuss other repayment options.

 

ALSO received a Default notice from Shop Direct dated 30th December, saying pay in full or else the enforcement action will be taken.

 

Would appreciate best advice for way forward thank you CAG!!

Edited January 5, 2014 by surrey_36

[surrey_36]

Just received a 'Notice of Allocation to the small claims track (Hearing),

 

it says that the claimant must pay a fee of £165.00 payable by January 3rd!

 

This only arrived in the post yesterday!

 

It says 'Failure to pay the fee will result in the hearing being removed from the list.

 

also says

 

'unless I make an application for a fee cocession.

 

It also inclues a form to complete if i want to try mediation service.

 

So Im not sure what to do

a/ becuase it says ive got to pay by 3rd jan which has now passed

b/ If i can do something, is Mediation an option for this case?

Thanks CAG!

[Andyorch]

Pay the fee tomorrow ..xmas delays will be allowed.

[silverfox1961]

Hi

If the charges are more than the amount owed then (in my opinion) any default placed would also be wrong so once charges are reclaimed, the default should go too.

 

As you offered £1 token payments they issued the DN. This is in line with the guidance from the OFT. NDR cannot refuse to take the £1 payment and you certainly shouldn't call them (but you knew that anyway)

 

Write to NDR and TELL them that is all you will be paying and if they choose to refuse this, you will raise a Formal Complaint with them, report them to the OFT (just for the hell of it) and possibly raise a complaint with the Financial Ombudsman.

[surrey_36]

tHANK YOU ANDYORCH!

[surrey_36]

Thansk Silverfox I will do exactly that, thank you

[surrey_36]

Hello CAG - I'd be grateful for some help here if possible.

 

Just had a call from the solicitor at shop direct group.

 

She said she would like to settle out of court.

 

She asked me where I had got my figures from (I am claiming approx. £600 refund of charges and around £1400 interest)

 

I explained that I just used a spreadsheet and entered their interest charge of 44.10%.

 

She then went on to explain that shop direct had not charged interest on the admin charges I was reclaiming

and therefore I would never get the interest I was claiming back.

Even if it went to court.

 

She said the interest rate charged was on the products not the admin charges.

 

She said she could refund me now less the small balance owning on my account £150.00.

 

Would be very very grateful if you could point me in the right direction caggers

 

court date is set for 19th march 2014.

 

She said she wanted to avoid a day in court.

 

Thank you CAG,

 

once this is settled there will be a well deserved donation heading to CAG.

[Andyorch]

How would you like to settle surrey ...consent order or if there would be no balance remaining issue a Notice of Discontinuance ?

 

Regards

 

Andy

[surrey_36]

Hi Andy she basically said that I could not claim the amount I was claiming but agreed to refund charges with no interest. Is that correct.? She wants me to call her today and tell her what I want to do and not sure what to say. I don't understand what a notice of discontinuance is ?

Thank you for your help andyorch