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

[Andyorch]

Its your call surrey...if you feel you can legally challenge the interest and that it is owed then you reject and proceed....if you cant substantiate and rather put this matter to bed you Issue a Notice of Discontinuance to the Court and Defendant on all or part of the claim.

 

Obviously you only issue it once you have been credited by the agreed amount but you should request your costs in issuing the claim even if you agree to let the interest go.

You are on the higher ground ..she does not want Court...so you set the settlement figure.

 

Regards

 

Andy

[surrey_36]

Ok thank you Andy. Decision time!

So is she correct by saying I cannot claim the interest at the rate of 44.10%. She said that they did not charge this interest rate on the charges but just the goods. Once I know where I stand with this, I can decide what do I guess!

Thank you! Andy

[Andyorch]

You would have to look at your original spreadsheet and statements to see if she is correct.What interest have they charged on their penalties?

If you agreed with her how much would come off your claim?

[surrey_36]

Thanks Andy orch she says no interest was charges on the admin charged - only on the products ordered

[dx100uk]

pdf up some statements i'll check

 

also £150 is very low & ofcourse that really kills the 8% court interest too you are entitlted too.

 

on my mrs account from 2005 - 2008 and they charged it then.

 

dx

[surrey_36]

Hi DX, I settled out of court in the end.

 

I was worried as I could not get a baby sitter, and also I had not prepared and sent by bundle which was late

and so I thought Id just cut my losses and accept the refund of charges.

 

She assure me no interest would have been charged on the penalty charges (although the statement said it was charged at 44.9%)

- i dont know if this is true or not, I would be interested to know if she has lied.

 

Its difficult as with 2 very young children time to sort these things out is difficult and i did like the idea of not having to go to court and represent myself!

 

Anyway so they refunded the charges less what i owed on the account, so this was approx £700 charges, less £200 owed

so i got about £600 refunded to my account,

 

THANKYOU CAG!

[Andyorch]

Well done surrey...pleased that this has been resolved to your satisfaction.

I will amend your thread title to reflect the outcome.

 

Well done...

 

Regards

 

Andy

[Bazooka Boo]

Well done, great news