Help with starting a County Court claim for Charges on Argos card.

[Dot1]

Hi Andy,

 

No its not. For some reason, they tried this before.

 

I remember you saying that its not the best place to go.

 

I will request for transfer to the local.

 

Thanks

 

Dot

[AndyOrch]

It will require an application...but what ever happens make sure you get it away from the Court of hell.

[AndyOrch]

If you selected your own local court on your DQ then its their error so there should be no fee.

[Dot1]

Thanks Andy,

 

I will do that. Which form do I have to use please? Does it involve any fee?

 

From what they are saying is that any application and fee must be made to the local Court.

 

I wonder how much it will cost?

 

Dot.

[AndyOrch]

The fee is £50...but if its their error (I assume you selected local court as you are the litigant?) then no fee

[Dot1]

Yes Andy,

 

There seems to be something going on lately. As I mentioned earlier on, one om my cases were transferred to the same Court in the same manor before until you advised me then I requested for transfer back to my local and currently listed for end of the year. The first case was listed initially at local then transferred but this one has not been listed at all at the local.

 

i notice that for correspondence they still give the address for my local.

 

Is it OK just to write a letter and request for transfer to local?

 

The fee is £50...but if its their error (I assume you selected local court as you are the litigant?) then no fee

 

Yes I did.

 

Thanks

[AndyOrch]

Ring them if possible and ask......(normally a court will not do anything without the correct procedure) that court wont do anything with or without the correct procedure...I state ring them.....but last I heard they dont even answer the phone.

[Dot1]

OK thanks,

 

Will do that and update.

 

Dot

[SabreSheep]

Hi Dot

 

Popping in as asked.

 

To answer your question there is nothing wrong with sending one final letter asking them to save court time and resources and to settle your claim.

you can suggest to them that if they fail to return to you with an acceptable answer to resolve your complaint that you will proceed to pay the hearing fee.

 

Feel free to see what Andy says

[Dot1]

Hi SS,

 

Thanks for getting back.

 

Below is what I drafted but not sure if it is ok. Andy seems not be around this evening.

 

 

I write in reference to the above case which is listed for hearing next month. I refer to my previous letter of ------and would like to give you another opportunity to resolve this matter without wasting Courts time and resources.

As per the court directions, the deadline for paying hearing fee is ------. This is your final chance to resolve this matter.

I hope you will take a pragmatic approach to resolve my complaint but should that fail, I will proceed to pay the hearing fee which will only add to cost.

 

Dot

[Mike_hawk]

It won't respond...... far too arrogant

 

I'd prepare for trial and the possibility of a compromise being poked under your nose on the day

 

Have you got this transferred to your home court yet?

[Dot1]

Hi Mike,

 

Thanks for popping in.

I wrote to the Court and still waiting to hear from them about the transfer.

 

I will not bother then to send any such letter.

 

Will prepare for the hearing.

 

Dot

[AndyOrch]

It won't respond...... far too arrogant

 

I'd prepare for trial and the possibility of a compromise being poked under your nose on the day

 

Have you got this transferred to your home court yet?

 

Dot you must hound them re the transfer...otherwise you lose before you even enter that court.

 

Regards

 

Andy

[Dot1]

Thanks Andy,

 

I will call them tomorrow then update.

 

Thanks

 

Dot

[Dot1]

Hi all,

 

Just wondering if anyone can help me with this. below is one of the court directions, is one required to send hard copy or just to make reference?

 

Parties must send to the Court with the documents to be served 14 days before the hearing any authorities on which they intend to rely.

 

Thanks

Dot

[AndyOrch]

Its just part of your standard disclosure Dot...If you referred to any case law or authorities within your particulars or witness statement and wish to rely upon them then they must be disclosed along with any normal disclosures.So if you are relying on X case then you need to serve and file a copy of the Judgment.

 

Regards

 

Andy

[Dot1]

Thanks Andy.

[Mike_hawk]

Have you got this thing moved to your home court yet?

[Dot1]

not yet Mike,

 

I spoke to the Court yesterday and was told that it has been forwarded to a judge.

 

Dot

[Mike_hawk]

Dot

 

Purely out of interest.......... has SL retained the file or has JT become involved?

[Dot1]

Hi Mike,

 

Thanks for dropping in again. There is no change as yet. May be it will happen later. I managed to get the case back to the local court but the hearing date moved to Sept now. Will keep you posted.

 

Today I received a letter from the defendant representative referring to the PPI issue which initially they said they could not respond to as there was no evidence. They have now come back with the letter below.

 

We refer to your Claim, in particular, so far as it relates to the sale of PPI.

 

We are instructed that you accepted a cheque in the sum of £xxxx dated xx January 2015 in respect of the sale of PPI product, Coversafe.

 

Despite this, you caused to have issued the Claim Form alleging mis-sale on xx Feb 2015.

 

Take notice that unless we receive your unequivocal withdrawal of the allegations in respect of PPI, by 4pm on 30 July 2015, we will make an application to the Court seeking that the allegations be struck out with an order for costs against you on the grounds of your unreasonable conduct in bringing a claim which you knew to have no cause of action.

Any thoughts please?

 

How do I respond to this?

 

Should I ignore it?

 

Thanks

 

(4) Section 19 (1) (2) is as below:

 

I declaration that adverse data reported about the account by Credit Reference Agencies be removed as the amounts so reported are inaccurate due to the inclusion of unlawful penalty charges and mis-sellingicon of payment protection.

 

Hi Dot

 

15. The Defendant is embarrassed by paragraph 7(4). The Defendant is unable to plead a response in the absence of any particulars of the allegation.

 

Regards

 

Andy

 

15. The Defendant is embarrassed by paragraph 7(4). The Defendant is unable to plead a response in the absence of any particulars of the allegation.

 

As you will notice, the claim is not about PPI but it mentioned that the CRA reporting is not accurate as it includes the PPI and charges.

They agreed and refunded the PPI correct CRA entries. This was before the claim was issued. I am not sure why they think it is wrong to include that in the POC.

 

 

Any suggestions?

 

Dot

[Mike_hawk]

It appears it alleges you accepted the cheque in F&F, one can only assume it claims relief to issue estoppel [no 2nd bite at the same cherry]...... without reading back through the thread I'm not sure if you accepted in full and final or whether it issued a cheque in the hope the matter would 'go away' without recourse to settle matters of its published opinion..... processed to contracted CRA's. There are a few authorities on what does and doesn't constitute acceptance, although I'm not sure the effect of same could ever undermine the principles of the DPA.

 

I suppose you have to ask yourself if the claim would fail on that string alone, if the second string [charges] remains live in the event that you lost on the issue of PPI its difficult to understand what it hopes to achieve by browbeating on the matter of costs [unlikely] on the sct. One thing that Wragge does understand is that if it presses the issue of track it risks exposure to disproportionate costs against its client for what is a relatively small claim. If it believed that costs were material and tactically useful it would have engaged same within AQ.

 

Its really up to you how [or if] you respond... the usual adversarial type response would be something along the lines of..

 

I acknowledge receipt of your correspondence dated ......... and respond as follows:

 

Thank you for your acknowledgement that Coversafe was indeed mis sold and [partially] settled by your client, whether or not that partial settlement provides it relief to issue estoppel in the case is a matter for the court.

 

I confirm that a copy of this correspondence has been filed with the court

[Dot1]

Thank Mike for your quick respond.

 

The payment was accepted just for the PPI settlement. It was stated clearly in the acceptance letter that it was in settlement of the PPI.

 

"We are instructed that you accepted a cheque in the sum of £xxxx dated xx January 2015 in respect of the sale of PPI product, Coversafe".

 

They are being very vague as they are not saying as it was in F&F settlement.

 

I will send them the letter and see what they will say.

 

Dot

[Mike_hawk]

It won't respond, to be frank its gone downhill in the last couple of years and now seems more akin to Bryan Carter.....I guess its what you should expect with back office legal compliance contracted out to the lowest bidder.

 

Could you bring forward you soc and hilite the sections which refer to data processing

[Dot1]

Mike,

 

Below is the actual letter that was sent to Argos. Their offer letter stated that it was full and final settlement to which I rejected.

 

May be they have not been given everything. I believe they have just known about the PPI recently as their defense seems to suggest that they were not aware at the time they submitted it.

 

Dot

 

I write further to my letter of xx.xx..2014 and in response to your offer letter for my PPI claim. I can confirm that I am prepared to accept your offer of £xxxx for settlement in respect of my PPI claim only.

 

I request that payment is made directly to me by cheque and that any refund in whole or part should not be allocated to any set off or third parties.

 

Should the latter occur my claim will be deemed as unsettled and I will proceed to the Courts

for recovery.

 

Please note that this offer is accepted in regards to my PPI claim only and I look forward to receiving payment within 14 days.

 

It won't respond, to be frank its gone downhill in the last couple of years and now seems more akin to Bryan Carter.....I guess its what you should expect with back office legal compliance contracted out to the lowest bidder.

 

Could you bring forward you soc and hilite the sections which refer to data processing

 

Mike,

 

My POC were as follows:

 

PARTICULARS OF CLAIM

 

 

1. The Claimant entered into an agreement (“The Agreement”) with the Defendant on or around xx/xx/2003, whereby the Defendant was to advance credit facilities to the Claimant under a running credit account, Account no xxxxxxxxxx ("The Account").

 

2. The Agreement essentially consisted of the Defendant providing the Claimant with a credit card (“The Card”) which would allow the Claimant to make purchases in advances on credit. In return the Defendant was entitled to charge interest at the published rate.

 

3. The Agreement was a Regulated Agreement for the purposes of the consumer credit Act 1974.

 

4. At all material times the contract was subject to the Defendant’s standard terms and conditions which could be varied from time to time.

 

Summary

 

5. Throughout the course of the Agreement, the Defendant has added numerous default charges to the Account for the Claimant’s failure to make the minimum payment on the due date and or for exceeding the credit limit and or if a payment is returned. (Full particulars are set out in schedule 2).

 

6. The default charges were applied in accordance with the standard terms of The Agreement which were:

a) A penalty payable on breach of contract and thus unenforceable: and

b) An unfair term under the Unfair Terms in Consumer Contracts Regulations 1999 (“The Regulations”) and therefore not binding on the Claimant.

 

7. The Claimant is accordingly entitled to repayment of the sums wrongly added to the Account.

 

And the Claimant claims;

 

1) A declaration that the sums totalling to £xxx have wrongly been applied to the Account. Some of these charges are older than the normal years but are claimed by virtue of s32 (1) c Limitations Act 1980 as per Kleinwort Benson v Lincoln City Council.

 

(2) Payment of the said sum of £xxx and interest in restitution of xxxx as per Sempra Metals v Inland Revenue Commissioners calculated using a rate of XX % APR

 

(3) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum on the amount claimed daily rate of £xx.xx per day until judgment or sooner payment

 

(4) Section 19 (1) (2) is as below:

 

A declaration that adverse data reported about the account by Credit Reference Agencies be removed as the amounts so reported are inaccurate due to the inclusion of unlawful penalty charges and mis-selling of payment protection .

I believe that the facts stated in these particulars, comprising of 2 pages, are true.