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

[Mike_hawk]

Think there is somewhere in the Legal forum stickies

 

Example below, have a tinker with it and satisfy yourself that you're asking all the right questions

 

Your Name

Your Address

 

IN THE XXXXXXXXX county court

 

CLAIM NO:

 

BETWEEN:

 

Dot

Claimant

 

and

HRG

Defendant

 

PART 18 - REQUEST FOR FURTHER INFORMATION

 

To: XXXXXXXXXX

 

Please answer the following questions:

 

1. Please confirm the method of calculating or pre estimating the default charge to include;

 

(a) equitable loss to the business directly flowing from the default

(b) equitable loss to the business attributable to the manual intervention of staff in administration of the account

© equitable loss to the business attributable to the fixed costs of consumables and postage

 

 

3. Whether any notice issued giving effect to the charge as prescribed by the consumer credit act 1974 and as amended 2006

 

4. Whether notice at 3 [if any] is contained within any other prescribed notice, eg; statement of account at prescribed intervals

 

5. If prescribed notice given at 3 or in combination of 3 & 4, whether such notices continue to be given after the event of default and if so the intervals between each notice.

 

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

[Dot1]

Thanks Mike,

 

Will edit it then post back before sending it the defendant rep.

 

Thanks

[Dot1]

Hi Mike,

 

I looked at it and did not add or deduct anything apart from the numbering. It looks fine and will send it tomorrow morning.

 

Thanks

[Mike_hawk]

Aha..... you spotted my deliberate mistake then

 

It may respond but then again it may not, taking a wild stab in the dark I'd guess it will focus on the incorrect allocation and attempt to bully you into discontinuing with the threat of a costs order

[Dot1]

Hi Mike,

 

Its not easy to know what to expect. Its gone already by fax and recorded delivery post today. Email also went to court requesting for change of track as advised.

 

Thanks for your help and will update as soon as there is news.

 

Dot.

[SabreSheep]

They may try and state that the answers are a matter for disclosure.

 

You could then reply with something along the lines of

 

"As this dispute centers on the charges being or not being a genuine pre estiate of loss, answering those questions *May* help resolve the dispute saving all parties and the court from wasting time and resources. Refusal to answer the part 18 request will be drwn to the attention fo the judge in any cost hearing.

[Dot1]

Thanks SS,

 

I will wait for their response post an update.

 

Thanks

 

Dot

[Dot1]

Just an update. Wrote to the Court but no reply for the change of track sofar.

 

The defendant rep has not responded to the the part 18 request I made too and its over 14 days now.

 

I am finding it difficult to proceed especially with the wronge track as it requires more money.

 

Any suggestions?

 

Any idea please. The deadline is fast approaching but I am not sure of what to next.

 

Thanks for your help.

 

Dot

[Andyorch]

Just complete the N181 Dot

 

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

If you believe that this track is not the appropriate track for the claim, you must complete box D2 on the Directions Questionnaire (Form N181) and explain why.

 

Important you complete the above and state reasons...get it filed on time.

 

Andy

[Dot1]

Thank you Andy,

 

I will do that.

 

Dot

[SabreSheep]

As with everything make sure you file with proof of postage and proof of receipt. On one of my claims the court lost the paperwork but as I could prove a signature "they found it"

[Dot1]

Thanks SS,

 

I will make sure that I keep the postage proof.

 

I been waiting to see if the Defendant's would send their DQ but that has not arrived yet and time is running out.

 

I have completed form N181 as much as possible with the help from what Andy posted on one of the treads but that was for a defendant where as I am the claimant.

 

I need some help please with the following sections:

 

A1,

 

C - Pre-Action protocols,

 

D - Case Management Information

 

F - Witnesses

 

G - Trail or Final Hearing ( I have put 2 hours) is this OK?

 

H - Cost

 

I - Other Information

 

J - Directions

 

 

Thanks for your help as I need to post it if possible tomorrow .

 

Dot

 

As a claimant, do I need to Draft any other Directions in D4?

 

Any template for this?

 

What sort of applications if any can I make in J?

 

Does H apply as I am requesting for Small Claim instead of Fast Track as suggested by the Court at the moment?

 

Thanks

 

Dot

[Andyorch]

Hi dot responding to your PM

 

Sooooo ...

 

A1/2 Yes

 

C yes (that's your LBA)

 

D 1 I assume no?

 

D 2 Small Claims Track ( in the box type ...This is a simple claim for unfair charges......the value of the claim is not expected to exceed the SCT threshold.

 

F You...yourself

 

G I would allow 3

 

H leave blank

 

I Fee.... leave blank

 

J Applications ...no

 

K Directions (Not applicable to SCT)

 

 

Sign... date.... copies to Court Claimant and File.

 

Which bits did you you manage to complete Dot ?

 

Regards

 

Andy

[Dot1]

Thanks Andy,

 

I saw the one you posted on the other thread but was not sure since it was for a defendant and a fast track case.

 

Thanks a lot.

[Andyorch]

Well you are completing the N181 which is Fast Track......Ideally you could submit an N180 stapled to the N181...to get your point across.

[Dot1]

OK Andy,

 

I will do that too.

 

Thanks

[Dot1]

Below is N181 from the defendants rep.

 

Directions (Fast track questionnaire and Multi-track)

 

Settlement

 

Under the Civil Procedure Rules parties should make every effort to settle their case before the hearing, This could be by discussion or negotiation (such as a roundtable meeting or settlement conference) or by a more formal process such as mediation. The court will want to know what steps have been taken. Settling the case early can save costs, including court hearing fees.

 

For all

 

Your answers to these questions may be considered by the court when it deals with the questions of costs: see Civil Procedure Rules Part 44.

 

1. Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage? No

 

2. lf Yes, do you want a one month stay? No

 

3. lf you answered 'No' to question 1, please state below the reasons why you consider it inappropriate to try to settle the claim at this stage.

 

Reasons: The Claim is without merit

 

B - blank

 

C - N/a

 

D1 Applications - Blank

 

D2 Track

 

The Claim can be disposed of on the small claims track.

The value of the Claim does not exceed f 10,000.00.

The Claim is without merit. Any questions of law are trite.

 

D3 Disclosure electronic – Blank

 

D4 Disclosure Non Electronic - Standard directions rurder CPR Part 27

 

E Expert:

 

No

Not yet obtained

No

No

 

Expert Names - blank

 

F Witnesses – 1 - (Conduct of the account)

 

G Trial or Final Hearing – Less than 2 hours

 

Any day not available within the next 12 months? Yes, tbc

 

H Cost – blank

 

I Other Information – No

 

ln the space below, set out any other information you consider will help the judge to manage the claim,

Precedent H is not attached.

 

We respectfully submit that this matter is best allocated to the sma11 claims track. The amount in dispute is less than f3,000.00. The lacts of the case are not in dispute. The legal principle at the centre of the Claim has already been determined in the matter of Brqndon v AMEX and Director General of Fair Tracling y First lvational Bank

 

 

Thanks Dot

[Andyorch]

Well at least they are in agreement with the correct track:wink:

[Dot1]

Yes Andy, they have agreed but they seems to think that the case has no merits.

 

Thanks

 

Dot

[Andyorch]

Well you wouldn't expect them to agree:wink:

[Dot1]

Update,

 

Early June I received a Without Prejudice letter from WLG stating that they are instructed to make an offer for settlement on behalf of our client.

 

The offer is not an admission of liability but made on purely commercial basis. That their clients continues to rely on Amex Express Services v Brandon [2010] CTLC 139.

 

They continued that as of 17/06/2015 I owe their client about £800. Their client offers £140 to be deducted from what is owed to their client. It amounts to a credit of the amounts complained of by me together with interest. The offer is strictly conditional upon agreement of Tomlin Order. Copy enclosed.

 

The offer does not mean the reports to CRA were inaccurate but their client attempt to reach settlement of the claim. A new report will be made to the CRA to confirm the new balance outstanding in the sum of apprx 600.

 

It also states that the claim fails to state any particulars of claim in relation to alleged mis-selling of PPI. It then continued that the element of the PPI will fail. Accordingly, no offer is made in respect of PPI.

 

The offer was open for acceptance until 4pm on Friday 12 June 15.

 

I responded that the offer falls short of the claim and therefore it is rejected. No heard anything to date.

 

Dot

[SabreSheep]

"

 

1. Brief mention should be made of two remaining matters:
   
   i)
   I express no view as to whether it is realistically arguable that the £25 monthly charge was a penalty.
   Although any disclosure would be a matter for the Judge dealing with any further hearings (if such there are), for my part I can see no merit whatever in the submission that some 6 years' of disclosure (or anything like that) would be called for. A sense of realism coupled with considerations of proportionality should serve to preclude any such argument. In any event and in agreement with DJ Gisby (at [23] of his judgment), I cannot accept that this issue could be worth more than £1,000.00 at most. Even if that sum was deducted from the Amex claim it is plain that a substantial sum would be due from Mr. Brandon to Amex, provided only that Amex complies with the relevant statutory and procedural requirements."
   
   
    
   
   
   Transcript here
   http://www.bailii.org/ew/cases/EWCA/Civ/2011/1187.html
   
   
    
   
   
   I suggest you review the case they seek to rely on and understand how it fails to support their position.
   
   
    
   
   
   Also use the OFT report into penalty charges as well. These will be useful to have in front of you when mediation comes.
   
   
    
   
   

   
   

[Dot1]

Hi SS,

 

Thanks for input again. I am going through the cases they intend to rely on. The point you highlighted above is very useful. I just need to review and find how best to present it. Unless they come back with another offer, there is no Mediation Service Involvement now as they refused in the AQ.

 

I also received the Notice of Allocation but there is no mention of Mediation. The case is listed for August. I will post the directions shortly.

 

Thanks Dot

 

Below is the NOA.

 

Dot

 

Deputy District Judge -- has considered the statements of case and questionnaires filed and allocated the claim to the small claims track.

The hearing of the claim will take place at 10:00 AM on -- August 2015 at the County Court at Central London, The County Court At Central London, Royal Courts Of Justice, Queens Building, Royal Courts Of Justice, Strand, London, WC2A ZLL and should take no longer than2hours.

 

A hearing fee of £170.00 is payable by -- July 2015 by the claimant unless you make an application for a fee concession. Failure to pay the fee will result in the hearing being removed from the list.

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

The hearing fee will be refunded in full if the court receives notice in writing at least 7 days before the hearing date, that the case is settled or discontinued.

 

Each party shall deliver to every other party and to the court office copies of all documents (including any experts, report) on which he intends to rely at the hearing no later than -- July 2015

 

The original documents shall be brought to the hearing.

 

Witness statements must be included in the documents filed and served.

 

The court must be informed immediately if the case is settled.

 

The Court may not take account of a document or witness's evidence if that document, statement or report has not been served.

 

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.

 

The hearing fee must be paid to the Home Court.

 

Looking at the above NOA, am I right in saying that the claim has not been referred to Mediation Service?

 

Thanks

Dot

[Andyorch]

Central London, The County Court At Central London, Royal Courts Of Justice, Queens Building, Royal Courts Of Justice, Strand, London, WC2A ZLL

 

Is that your local County Court Dot ?

 

Hope not

 

Andy

[Andyorch]

Looking at the above NOA, am I right in saying that the claim has not been referred to Mediation Service?

 

Thanks

Dot

 

Correct