LS123 V Freemans ***WON***

LS123 · 27th July 2007, 14:10

Hello

Has anyone had any success with claiming from Freemans Catalogue for late payment charges?

Have £20 in charges and am at the LBA stage.

Many thanks

steven4064 · 29th July 2007, 17:06

I don't know off hand - have you tried a site search (click 'search' in the blue bar above)?

LS123 · 6th August 2007, 11:16

Hello

My LBA expires with Freemans on the 8th August - claim is for £20 + £7.68 in interest.

Had a letter back from them to say that as their charges are £10 each which is lower than the limit set by the OFT then I am not getting anything back.

They also go on to say that they will not consider my claim any further until the results of the banks overdraft case have been resolved (I didn't realise that had anything to do with catalogues)...

Any assistance would be great as I don't want to waste £30 on MCOL if there is no point.

Many thanks

steven4064 · 6th August 2007, 11:21

This is a load of tosh.

1) the fact that their charges are £10 is irrelevant. The OFT 'limit' is not a limit for charges only for the OFT to take action under UTCCR1999 and only strictly applies to credit cards any way. The argument on contract penalties says that any charge is unlawful if it is more than the cost of their loss, even if it is only 10p.

2) the OFT case only applies to bank current accounts.

LS123 · 6th August 2007, 11:24

thanks Steven - will stick to my timescales then and carry on with claim

steven4064 · 6th August 2007, 11:25

It might be worth writing and pointing out that their letter is nonsense

LS123 · 8th August 2007, 12:58

Filed my MCOL today - so I will see what happens!

LS123 · 31st August 2007, 16:50

Filed for "judgement" on the 29th and it was issued yesterday through MCOL - any ideas what happens now?

Do I just sit and wait for money?

LS

LS123 · 3rd September 2007, 11:50

Can anyone assist me with the above?

steven4064 · 3rd September 2007, 14:12

THey might pay up without further ado but keep an eye on it. If they don't pay you within a reasonable time (it may be specified on the judgdment - I can't remember if it is or not) you will then need to apply for a warrant of execution.

LS123 · 3rd September 2007, 14:14

Hi Steven

I had to specify on the judgement request how soon I wanted the money and I asked for it immediately - it is only £27 + £30 court.

I will give them 14 days and then go for the warrant then.

Many thanks

LS123 · 22nd September 2007, 17:14

I have now applied for a Warrant on this one - so fingers crossed.

Nothing much happened so far...........

LS123 · 17th October 2007, 09:28

Latest update is that I received a note from the baliffs yesterday to say that they have been unable to contact the defendant but were going to keep trying.... v odd as I would have thought this was quite a large company and would be open during office hours - perhaps I am wrong...

Strange thing is though on MCOL it shows as the warrant being "fullfilled" - so no idea what is going on.

Will phone the court to find out more...

LS

LS123 · 21st November 2007, 16:34

Cheque finally received from Baliff's..

Good luck everyone still fighting!

LS

steven4064 · 21st November 2007, 18:24

LS123 - so pleased for you - Congratulations and well done!

(I'll ask for the magic words "***WON***" to be added to the title)

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