They Want To Go To Court. What To Do?

[ppauls150]

Ok I am taking on various companies and this one company has been very quick in replying to me. Got my DPA within a week, sent prelim letter and got a reply again within a week. What i want to know is what advise is there for a response? Shall i still send the Letter Before Action due to what they say in the letter? The company is called Cetelem by the way and they owe me £130 and it was a finance agreement for the laptop where i made late payments and they charged me £25 a time. When they say i defaulted they mean late with the payments that month. This account now has also been paid off.

Dear Mr Taylor

Your Agreement Number xxxxxxxxxxxxxxxxx

Thank you for you correspondence received May 2nd 2006, which has been passed to me to respond to.

Whilst we are aware that the Office of Fair Trading is looking into the charging of fees, as yet no directives have been issued or laws changed. It is our position that charges made against your account resulting from unpaid contractual monthly instalments, are legally correct and enforceable. By defaulting on your payments we were required to commmence collection activity.

We will not be refunding any fees charged. If you wish to take this matter to court, that is the matter for you and you alone. We will defend any action taken and will enter into no further correspondence regarding this matter, but will pass your County Court Summons to our solicitors to deal with

I trust this clarifies the matter.

Yours sincerely

Marie Moffatt

Head of Customer Services

[Bovvered]

Yes still send the LBA - if only to show a court you gave them plenty of time - remind them that if it goes to court you will also claim court costs and interest on top

[Bookworm]

Looks like they want to play "let's see who blinks first".

 

Send LBA. It's not there to make them change their mind, it's there to show a judge that you have made all reasonable efforts to keep out of court, they, on the other hand, are being very cavalier with the court system, by not even attempting dialogue. Big no-no.

[ppauls150]

I think that they just might of Blinked first lol. Sent them the LBA this morning but after they said that they would not enter any more correspondence with me but they have just rang to speak to me though i didnt take the phone call. Bet they want to do me a deal or even be giving me a full refund

[alanfromderby]

If you do decided to speak to them, be warned that they will try and deflect you. Keep strong, and if they start to put pressure on you, say that you are not prepared to continue the discussion and that you suggest they put any questions in writing - but that action will commence on ????, if they do not settle your claim.

[ppauls150]

Just had a response from Cetelem within the space of a week of my LBA :o Should i just go straight to moneyclaim now due to what they say in their letter?

 

Thankyou for your correspondence received May 5th 2006, which has been passed to me to respond to. ( This is who i sent it to in the first place so what she on about :S)

 

As previously stated we will not be refunding nor cancelling any fees charged against your account when you have been in breach of your signed contract by failing to make re-payments,monthly,by direct debit.

 

Therefore we will await your solicitors paperwork and deal with the issue through the courts. This matter is non negotiable and we will not continue to correspond in order to continually repeat our position

 

W trust this clarifies our position, again.

 

 

Yours sincerely

 

 

 

Marie Moffatt

Head of Customer Services

[alanfromderby]

I would go straight to moneyclaim. They have written twice dismissing your attempts to resolve the matter so you have done all you can.

[ppauls150]

I am currently filling out the moneyclaim form now but dont know if i can charge interest for them taking the money off me as this is money that would of been earning interest in my bank? They didnt charge me interest as such :S what it is, is like a loan for a laptop that i brought on credit. they charge you interest on how long and how much the loan is for? i am confused on this subject and also how i work out the actual ammount i could claim back.

[ppauls150]

These are the dates that they charged me and how much.... 11/01/2005 collection fees £20......... 08/02/2005 collection fees £20.......... 04/10/2005 collection fees £30......... 08/11/2005 collection fees £30.......... 09/01/2006 collection fees £30. Grand Total = £130. Want to issue this before 9am today will be logging back on at 8.30am to do it if anyone can help please before then.

[Movingon]

You can charge them 8% interest per annum under the County Courts Act - use the spreadsheet in the green forum area to calculate it.

[ppauls150]

MoneyClaim Filed

[ppauls150]

This topic was closed on 09 March 2019.

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