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

[Dot1]

Then you wont be attaching any spreadsheet for the reasons above....you can issue the particulars in more detail though separately .

 

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07

 

Thanks Andy,

 

I will have a look at the link.

 

Dot

 

Hi,

 

I went on line to complete claim form but it would not accommodate the POC as the space only allows about 18/19 lines. So I have decided to use the alternative.

 

I noticed that the fee is difference but my question is, am I able to include the postal order fee in the claim as that is what I will be sending for the payment?

 

Thanks.

 

Dot

[Dot1]

Just an update.

 

I completed and posted the form and it has been received by the court.

 

Is there anything I need to do?

 

Will the court forward the claim form to the defendant?

 

Thanks for your guidance.

 

Dot

[SabreSheep]

Assuming you sent 2 copies to the court. Yes they will send one stamped by the court to the defendent,

 

Defendant will them have a time limit to confirm they want to respond and a further time limit to submit their defense.

 

You should then receive from the court, notice that the claim is now defended

 

the court and the defendant should then send you a copy of the defense they intend to use.

[Dot1]

Hi SS,

 

Thank you for your response.

 

Unfortunately, I sent only one copy. What do I do next?

Thanks

[SabreSheep]

Phone the court and ask them to advise. They may reject the initial one in which case you send 2 more in or they may have photocopied it etc.

[Dot1]

Thanks SS,

 

I will call the court first thing tomorrow morning and see what they will advise.

 

Thank you for your help.

 

Dot

[Dot1]

Just an update. Spoke to the court and was advised that the forms was going to be returned but to my surprise we received notice of issue.

Just waiting to see what the defendant will come back with. They have until the 11th March 2015. Will keep you posted.

 

Thanks

[Dot1]

Just a quick question, for a claim that was not made on line, does the same rule of 14 days acknowledgement apply as in the on line one?

 

Does the defendant have to acknowledge it within 14 days to enable them a further 14 days for filing a defense from the date of issue?

 

According to the court, the defendant had until yesterday to reply but nothing came through to them yet in terms of acknowledgement of defense.

 

At what stage do I contact the court to request for a judgement or how much time would be reasonable before I can contact the court?

 

Dot

[Andyorch]

Just a quick question, for a claim that was not made on line, does the same rule of 14 days acknowledgement apply as in the on line one? 14 +5

Does the defendant have to acknowledge it within 14 days to enable them a further 14 days for filing a defense from the date of issue? 19

 

According to the court, the defendant had until yesterday to reply but nothing came through to them yet.

 

If the Defendant does NOT respond in any way, then you should complete the lower section, Request for

judgment, on the Notice of Issue. You should do this as soon as the date for the Defendant’s response has

passed, as the Defendant can still reply to your claim until the court receives your request. If the Defendant’s

reply is late but arrives before or on the day of your request, it will have priority and you will not get judgment in default.

Before submitting your request, make sure you decide how you want the Defendant to pay the amount they

owe. Think carefully about this. You may be more likely to get the money if you give the Defendant extra time,

either by allowing them to pay in installments over a period of time, or at a future date.

When the court has received your request, they will complete a ‘judgment for claimant’, which gives the

Defendant details of the money they owe. Both you and the Defendant will receive copies of this judgment. It

will also be recorded on the Register of Judgments, Orders and Fines

 

At what stage do I contact the court to request for a judgement or how much time would be reasonable before I can contact the court? see above

 

Dot

 

 

Regards

 

Andy

[SabreSheep]

Same time limits apply. The court normally has a backlog.

 

At this point i would wait a few days and phone again.

 

Also what address did you serve the claim?

 

Or just go with Andys advice. Hes the more experienced here

[Dot1]

Regards

 

Andy

 

Thanks

 

Basically the according to the court, the claim was issued on 20th and posted 1st class on 23rd, deemed to be served on 25th. It went on to say that, the defendant has until 11 March to reply.

 

As of today nothing yet but its probably in the backlog as suggested by SS.

 

When you say I should request Judgement as soon as the pass, in this case, are you meaning 11th March?

 

When requesting for Judgement, do I include the 8% or without?

 

Thanks

 

Dot

 

Thanks SS,

 

Yes, the court said there is backlog and are suggesting that the defendant has until 25th, which I find it contradict with what they have put on the form.

 

Dot

 

I am not sure why the court is saying we have to wait until 25th yet the defendant has not acknowledged or submitted a defense.

 

I was thinking that if and when I submit the form for judgement request, I was considering requesting immediate payment in full considering that the defendant is an organisation.

 

Any thoughts on that?

 

Dot

[Andyorch]

I make it the 15th Dot...served on the 25th Feb +19....

 

So by the 15th you will need to complete the bottom half of your Notice of Issue form that the court sent you when you made your claim. HM Courts leaflet EX304 explains the situation pretty well: EX304 I've started a claim in court - what happens next? If the defendant still refuses to pay after the default Judgment has been issued by the Court, you may Enforce the Judgment.

 

Section 69 interest 8% should already be included in the total amount claimed.

[Dot1]

Thanks Andy,

 

I will read the leaflet to get more understanding.

 

Section 69 interest was request/or included in the claim as advised at the time but told that it was at the court's discretion.

 

Dot

[Andyorch]

Yes ..but the court should auto add it

[Dot1]

Thank you Andy

 

Dot

 

I had a read at the leaflet, it explain well. I will give it a few more days then complete the form requesting for Judgement.

 

Thanks

[Andyorch]

[Dot1]

Just a quick update.

 

A letter came in the post today confirming that the defendant filed an acknowledge of Service and intends to defend all the claim.

 

This was filed by their Solicitors: Wragge Lawrence Graham & Co Llp.

 

Dot

 

Any success stories, experience with Argos Card reclaim or experience with their representative (Wragge Lawrence Graham & Co Llp)?

 

Thanks

 

Dot

[SabreSheep]

I woudl nto worry yet about them stating they intend to defend fully.

 

That is an automatic move to prevent them running out of time to file a defense,

 

Also if there is a lack of previous sucess stories, look at you being a trend setter One of mine there were no success stories but I got through it. There could be many reasons as well such as confidentiality agreements.

 

Now you await a copy of their defence

[Dot1]

Hi SS,

 

Thanks for the encouragement. I will look out for what the postman may bring then update.

 

With the advise you gave, I have started looking at it differently now.

 

Thanks for that.

 

Dot

[Andyorch]

Hi Dot

 

Having had time to digest their Witness Statement /response to your claim....well it is what it is...a bare denial and and attempt to distance themselves from the agreement now its been assigned and insofar that they are entitled to add the charges and in any case they will rely on s5 of Limitation Act 1980.

 

Can you confirm the final draft you submitted of your particulars ?

 

I'm not sure of their following response and what it refers to ....

 

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

[Dot1]

Hi Andy,

 

Thanks for taking time to look at the matter for me. To be honest, I am even confused as to how they came with such a long list.

 

The POC I sent were as follows:

 

Brief details on the NI;

1. The Claimant entered into an agreement (“The Agreement”) with the Defendant on or around 16/10/2003, whereby the Defendant was to advance credit facilities to the Claimant under a running credit account, Account no XXXXXXXXX. ("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.

 

Please see attached for more details. (On separate paper)

 

1. The Claimant entered into an agreement (“The Agreement”) with the Defendant on or around 16/10/2003, whereby the Defendant was to advance credit facilities to the Claimant under a running credit account, Account no XXXXXXXX. (“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 £298.35 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 £298.35 and interest in restitution at the rate of 29.90 % per annum as per the case of Sempra Metals v Inland Revenue Commissioners.

 

(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 £0.55 per day until judgment or sooner payment

 

(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-selling of payment protection.

 

I believe that the facts stated in these particulars, comprising of 3 pages, are true.

 

The above is what I posted to the court. They have decided to renumber it in their own way.

 

 

Dot

[Andyorch]

So its in response to....

 

 

7 (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-selling of payment protection.

[Dot1]

Yes, it looks like that is what they seems to be talking about.

[Andyorch]

Have you had time to sit down and go through each response with your counter response ?

 

You have 33 days to decide if you wish to proceed...and if so you need to notify the court and request a DQ.

 

Regards

 

Andy

[Dot1]

What are the relevance of the case law quoted? Am I suppose to respond or not?