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Littlewoods AQ/Order for directions


angel1977
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Hi All,

i want to give you a little back ground first.

Due to being skint and not littlewoods not being a piority bill i have not paid them in about a year

I put my claim in with the courts and today i have recived a defence from Littlewoods and the basis of their defence is they "deny that such charges are excessive or penalties.. The defendant notes that the claimant has not paid these charges so has no right to recover payments she had not made. The defendant denies liability as claimed"

 

I'm not sure what to put in "other information section" in the form as defo littlewoods would credit my account before giving me a surplus amount and also The Draft Order for Directions in the bit i have to send to Littlewoods and the court, am i right in thinking

A, Is just the charges schedule i sent before

B, the copies of my statements from littlewoods

C and D i dont have a clue, i feel like i'm over my head with the Order for Directions

any advice would be helpful

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Hi All,

I had a short but sweet letter from littlewoods informing me

" The defendant belives that it has a valid defence in this matter, not least because you have no legal right to recover charges that you have not paid.

However, in order to bring this matter to an early conclusion, the defendant has reduced your balance by xxxx to zero and closed your account."

 

At last !

My only worry is this, after i took cap1 to court they paid my balance and sent a cheque to me then two days later defaulted my account when my balance was clear and now continue to bill me with late/over limit payment fees lol

Anyhow back to littlewoods, i would like to know exactly how they have closed it, what my credit file would say about it, and to remind them they cannot leave a bad mark on my credit file but i am unsure of the wording

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  • 2 weeks later...

I wonder if you can read through this and let me know what you think

Facts: I put in my claim upto and including July in on 28/08/09 for chages £200. + £8.81 8% interest

 

Littlewoods own account statement in July shows a Total £201.91

In August and September i had charges totaling £24.00

Littlewoods own account statement in September shows a total of £225.91

I sent a email to a Mr Connelly at the legal dept of Shop Direct Home Shopping Limited merely pointing out the fact i knew Littlewoods had charged me twice more and they had that only credited back what they had charged me in the first place! and that i would carry on with my claim as they forgot to give me the 8% which i can claim at court.

This is what i got back that very same afternoon

I suggest you review your case. A total of £212 of charges have been applied to your account. However you have not paid this amount and have no legal right to reclaim charges that you have not paid. At most, 3 of those default charges, totalling £32, were actually paid i.e. those dated 3/3/07 (£12), 19/7/08 (£10) and 21/8/08 (£10) as no payment was received after 28/8/08. Accordingly, any statutory interest claim could only relate to charges actually paid and would equate to less than £5.

In actual fact, the defendant has credited you £225.91 i.e. an amount in excess of the £212 plus the aforementioned interest. This was done simply to zero the balance and close your account.

The company will not be making any further payment to you. If you continue your claim and force the defendant to incur unnecessary costs as a result, the defendant will make application to the Court for you to pay these costs on the basis that your behaviour is unreasonable i.e. it has credited you an amount in excess of any valid claim.

I trust this clarifies the defendant's position.

Two more facts: My account is still open and i still owe them money !!!

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