miss read the post

do not bank the cheque,it would be acceptance of their offer and could cause headaches

better to send them formal rejection of the offer and maybe make a counter offer

Thanks for the advice PT. I will have a think about my next move.

Rejection and counter offer letter sent.

Received a date for the hearing. Middle of September.

Rejection and counter offer letter sent.

The counter offer I made gave them 14 days to accept.

I was offering a quite generous 10+% discount.

Never heard a peep. Now we have a hearing date, would it be sensible to put a further offer of settlement to them in order to avoid having to pay the hearing fee (it's only £25)

Hi Alpha,

I trust the 10% discount you generously offered was made "without prejudice".

I don't see why you should make any further move to negotiate.

You can show the court you've made an attempt to settle and I think you can leave the ball in their court now.

Hi Slick,

The offer was not made without prejudice precisely so I could show to the Court I had made an attempt to settle.

But, yes you're right about the ball being in their court now. I guess me having to ask the question in the first place means I had my doubts.

Thank you for reminding me not to be nice to them. After all, they're not being nice to me are they?

HI Alphageek,

I took Littlewoods on over a £75 bill that was not mine ...thye could not supply the Court with a coy of any credit agreement ( JUdge Had Ordered them to ) they therefore had no signed authority to supply the CRA's and I was awarded £1100 in costs & compensation for the unlawfull supply of data the CRA's as you know from my "other" thread that my name is Gxxxx and I live at 2xx Sxxxxxx Lxxxxx in EXXXXX PXXX ...there is also a Gxxxx ( no relation to me living at 2xx(XXXXXX XX Exxxxx Pxxxxx( (same no different address ).

the award was made through not having a signed CCA on either address.

Judge tore Littlewoods to shreds

Sweet, that does sound useful Sparkie.

Do you mind if I PM you about this?

Sweet, that does sound useful Sparkie.

 

Do you mind if I PM you about this?

Fire away mate ...I'm off to bed now ...wil take a look at your PM tomorrow......"See you Jimmy":D

sparkie

Received a date for the hearing. Middle of September.

I have had time to sit and catch up on this claim, so a little update for anyone watching.

The hearing scheduled for the middle of September is actually a DIRECTIONS HEARING and not the final hearing.

When I submitted the AQ, I sent a draft order for directions so the hearing is to order (or not) the suggested directions.

Here are the directions I suggested, based upon the CAG directions.

In the xCounty Court

Claim number x

 

 

 

Between

 

Alphageek - Claimant

 

and

 

SHOP DIRECT FINANCE COMPANY LTD - Defendant

 

 

Draft Order for Directions

 

 

 

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

·a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

·b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

·c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

·d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

·a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

·b) Whether such charge is accepted to be a penalty, and if not why not;

·c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

·d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

·e) Any witness statements.

·f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

In the xCounty Court

Claim number x

 

 

 

Between

 

 

Alphageek Claimant

 

and

 

SHOP DIRECT FINANCECOMPANY LTD Defendant

 

 

 

 

Draft Order for Directions

 

 

 

 

 

Hi Alpha,

Let's hope the judge agrees to use your Draft D's.

Hi Slick,

I think that the fact the DDJ has called for a directions hearing must be good news?

What's the point otherwise?

In fact, what is the point now I think about it: I asked for the above directions, Littlewoods probably didn't ask for any so either the DDJ agrees that the above directions are sensible or he doesn't and he'd make his own directions!

The only thing I can think of is that Littlewoods put their own idea of directions forward and the DDJ needs to hear both sides to make his mind up!

LITTLEWOODS DRAFT ORDER FOR DIRECTIONS

 

 

• It's our money and we're keeping it!
  
• The defendant petitions the honourable Court to make the nasty CAGger go away or we'll cry!
  

I like your suggestion for their Draft Directions. :lol:

Excellent read but really frustrating when theres no ending.......

What was inappropriate in the deleted comment ?

threads from 2008!!

why comment at all.

now closed

dx