lowell/overdale claimform - old Shop Direct CAT debt - Now Wiped out by my Court Charges Reclaim **WON**

[Guest]

Right okay so what changes should I make to 5b

 

interest shld comply with cpr part 16.4 (2) etc

[dx100uk]

take the total from your CISHEET spreadsheet £912.56

 

 

get a copy of the statint sheet

enter that dated 5/4/2015

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

[Ftgab19]

Thanks Dx

 

I downloaded the statint sheet and put the date of charge at 05/04/2015, put £912.56 as the charge amount and left the claim to at today's date (24/10/2016). It now says the total is £1,026.59, meaning the interest is £114.03. Is this the right way to do the working out and would the following be okay to add to the POC.

 

The claimant claims interest under Section 69 of the County Courts Act 1984 at the rate of 8 per cent a year from 05/04/2015 to 24/10/2016 of £114.03. And also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.20.

[dx100uk]

looks ok to me

let the knowledgeable ones check it.

 

 

dx

[Ftgab19]

Thanks dx

Will do.

 

Andrew

[AndyOrch]

Thanks Dx

 

I downloaded the statint sheet and put the date of charge at 05/04/2015, put £912.56 as the charge amount and left the claim to at today's date (24/10/2016). It now says the total is £1,026.59, meaning the interest is £114.03. Is this the right way to do the working out and would the following be okay to add to the POC.

 

The claimant claims interest under Section 69 of the County Courts Act 1984 at the rate of 8 per cent a year from 05/04/2015 to 24/10/2016 of £114.03. And also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.20.

 

[Ftgab19]

Right before I start printing I just want to make sure I've got everything right.

 

This is what I've put in the following sections of the N1 Form:

 

Court:

County Court Money Claims Centre

 

Defendants name and address:

Shop Direct Finance Company Limited

1st Floor Skyways House, Speke Road, Speke, Liverpool, L70 1AB

 

Brief details of claim:

This claim is for the return of unlawful penalty fees that were imposed by Shop Direct Finance Company Limited between 2010 and 2014 on Account No: 00000000. The claimant will also be claiming restitutionary and 8% simple interest with the penalty fees and would like the fees and interest to be payed by cheque.

 

Value:

left this blank as it is a fixed amount.

 

Defendant's name and address for service:

Shop Direct Finance Company Limited

1st Floor Skyways House, Speke Road, Speke, Liverpool, L70 1AB

 

Amount claimed: £1,026.59

Court fee: £0.00 because I've applied for help.

Legal costs: 0.00

Total amount: £1,026.59

 

Does, or will, your claim include any issues under the Human Rights Act 1998?: No

 

Particulars of Claim:

1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened around 14/08/2010 and closed on or around 15/05/2014

 

2. During the period in which the Account has been operating the Defendant debited numerous fees to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the fees once applied. The Claimant understands that the Defendant contends that the fees were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the fees applied is attached to these particulars of claim.

 

4. The Claimant contends that:

a) The fees debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such fees with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such fees is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of fees in the sum of £408 plus restitutionary interest of £504.56 as in accordance with the precedent set in the case of Sempra Metals V Inland Revenue Commissioners.

 

b) The Claimant claims interest under Section 69 of the County Courts Act 1984 at the rate of 8 per cent a year from 05/04/2015 to 24/10/2016 of £114.03. And also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.20.

 

c) The removal of the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

Assuming the above is correct, do I only need to print the N1, attach a schedule of the fees to the form and send to court or do I also need to send a copy to the defendant?

 

Thanks

Andrew

[AndyOrch]

Just switch round 5 b with 5 c section 69 should always be the last paragraph

[Ftgab19]

Okay I've updated the POC now. Do I need to send a copy to the defendant or do I just send this to the court?

 

Thanks

Andrew

[AndyOrch]

As you are submitting the claim manually please refer to the following lnk:-

 

https://www.moneyclaimsuk.co.uk/ccmcc.aspx

[Ftgab19]

Thanks Andy

 

I've had a read of the site and I think I know what I need to do now.

 

Am I correct in thinking that I need to do the following:

 

Make three copies of the N1 form and send two copies to the court at this address:

County Court Money Claims Centre

PO Box 527

Salford

M5 0BY

 

Also have I given Littlewoods enough time for pre-action protocol? I only give 7 days as the deadline in my claim and LBA letter to them, totaling 14 days. So currently they've had since the 04/10/2016 to respond to my claim. I got a letter dated 11/10/2016 from littlewoods saying they take this very seriously and will contact me when a full investigation has been made.

 

Thanks

Andrew

[AndyOrch]

Yes correct.......LBA time should be okay also.

[Ftgab19]

Okay thanks Andy

 

I'll print three copies of the n1 form and SOF and send two to the court.

 

I'll keep this place updated.

 

Thanks

Andrew

[Ftgab19]

Update

Got the Notice of Issue today it says Littlewoods have until the 09/12/2016 to reply.

One question, how do I check if they have or do I just send off the Request for Judgement if I've got nothing by the 9th?

Thanks

Andrew

 

Notice Of Issue.pdf

[AndyOrch]

The court will inform you if they submit a defence within 33 days...otherwise keep your eyes on your timeline.

 

Andy

[Ftgab19]

Okay thanks Andy

I thought they only got 33 days to file a defence if they first filed an acknowledgment of service by the 9th of December.

do I need to give them 33 days from the issue date to respond or do I send the request for judgment if I've not received anything by the 9th of December?

Thanks

Andrew

[AndyOrch]

They do...33 days from service...19 days to acknowledge service and then another 14 days to submit a defence...have they acknowledged service and stated they are defending ?

[Ftgab19]

Right okay Andy

 

Sorry for the late reply.

 

that mean's they have until 14/12/2016 to file an AOS and no they haven't acknowledge yet.

 

 

They have sent two letters,

one on the 28/11/2016 saying I can take my case to the FOS

and the second on the 01/12/2016 saying their legal team will be contacting me shortly.

 

Thanks

Andrew

images (5).pdf

[AndyOrch]

They only get the full 33 days if they have acknowledged service and stated they are defending in full within the 19 days from service.

[Ftgab19]

Okay thanks Andy

 

I'll just wait and see what they do. I am right in thinking that I just need to send the request for judgement off if I haven't got the AOS by the 19th day, or do I need to ring up and check with the courts too?

 

Thanks

Andrew

[AndyOrch]

I would check with the courts just in case they have acknowledged but the court has failed to inform you...but you should see the status on MCOL anyway.If they haven't ...just request judgment.

[Ftgab19]

Okay thanks Andy

 

How do I check the MCOL site? I thought you could only use that for online claims.

 

Thanks

Andrew

[Old Cogger]

your N1 form top right hand corner should give MCOL info to sign in

[Ftgab19]

I filled out my own n1 form and printed it Old Cogger. The only thing in the top right corner is the county court name, fee account no, and the help with fees ref. I have the claim number from the notice of issue that was sent. But that's it.

 

Thanks

Andrew

[AndyOrch]

Okay thanks Andy

 

How do I check the MCOL site? I thought you could only use that for online claims.

 

Thanks

Andrew

 

Woops yes yours is a manual claim...ring Salford