Credit Card Charges / in court at the end of May

[sohiab]

Looks like i have a court date for CC charges for the 1st of May!

Looks like they are defending.

 

.Anyone who could offer me advice on how to proceed?

[freakyleaky]

Do you have another thread running on this matter?

[sohiab]

Nope, not that i am aware of

[freakyleaky]

Could you give us some more details please?

What exactly are you claiming for, what they state their defence is, correspondence so far etc

[sohiab]

I have a case booked on the 31st of May, they requested further information in relation to charges on the 4th April. Im claiming credit card charges and interest. They have not filed any additional paperwork.

[MrHat]

Did you reply to their request?

[sohiab]

Yes, I responding by special delivery and have yet to recieve any further paper work. They needed the response by the 18th of April which they received.

 

I'm assuming i now have to prepare for a court case, as i have a court date of the 31st!

 

Any help with this as i have a court date on the 31st and it doesnt look like they are going to budge.

[MrHat]

You need to provide a bit more detail in order for people to help you.

 

1. Who are you claiming against and is it a straight forward MCOL case and is the amount over or below £5k? By straight forward, I mean is it standalone or is it a counterclaim for a claim they have issued agianst you?

2. When did you originally make this claim and what were your particulars of claim? Moreover, what is the basis of your claim?

3. Do you have all the necessary statements to back up the amount you are claiming?

4. What info did they request? Was it a CPR 31.14 request and what did it say? Or was it requested during Allocation Questionnaire stage?

5. What did you send back?

6. I assume they acknowledged and defended the claim??? If they did, what was their defence?

7. Assume you then filled out your AQ and they did theirs? Correct?

8. Any further correspondance since then?

9. Plus any other useful info. e.g. is the CC account still open? Is it in arrears or not?

 

It will help others help you if you provide more detail than you have above.

 

I am not one of the experts on here but suugest you reply to the above and if you still get no response, you could hit the triangle symbol and call for help. I will keep an eye in any case.

 

Cheers, MrH

[maroondevo52]

Hi, sohiab.

 

I have moved this thread to our Legal Issues Forum and asked Site Team if they can help.

 

Regards.

 

Scott.

[dx100uk]

shelleys charges thread in the barclaycard forum should give you everything you need

 

dx

[freakyleaky]

shelleys charges thread in the barclaycard forum should give you everything you need

 

dx

 

Is this the one you mean DX? http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**&highlight=shelly

[AndyOrch]

Yes Freaky

[freakyleaky]

Thanks Andy.

[sohiab]

Thanks Andy.

 

I cancelled this claim before going to court,

 

I wrote to the court office and the solicitors.

 

However,

it doesnt look like the solicitor got my letter and have billed me for £765 for not informing them!

 

What can i do?

 

This has turned into a mess and i dont have that sort of money!

[AndyOrch]

If a claimant discontinues a claim then you are responsible for wasted costs CPR 38.

 

Andy

[sohiab]

Ok, I dont have the money, how long do i have to pay this? I could incurr further costs? What should i do?

[AndyOrch]

Is the bill an actual wasted costs order( Court seal) or just an informal request?

[sohiab]

No court seal, just an informal request. Came from Solicitors and doesnt appear to have any court documents.

 

I've written to them explaining that i didn't want to pursue the case and it looks like they didn't receive my letter!

 

I thought that a small claims court case would not make me liable to such expenses, or else i would have started it in the first place.

 

However, i'm now in no position to pay such debts and i'm afraid that they could effect my credit rating ect.

[AndyOrch]

What were your reasons for discontinuance?

 

Regards

 

Andy

[sohiab]

I didnt think I could go through with the case against the evidence and legal team.

 

Liability for costs

 

38.6

(1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.

 

(2) If proceedings are only partly discontinued –

 

(a) the claimant is liable under paragraph (1) for costs relating only to the part of the proceedings which he is discontinuing; and

 

(b) unless the court orders otherwise, the costs which the claimant is liable to pay must not be assessed until the conclusion of the rest of the proceedings.

 

(3) This rule does not apply to claims allocated to the small claims track.

 

 

(Rule 44.12 provides for the basis of assessment where the right to costs arises on discontinuance and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007)

 

Also, i was under the impression that under CPR 38, this wouldn't apply to a small claims court claim

[AndyOrch]

Quite true but they make application under CPR44.12a

[sohiab]

They have actually made the application under CPR 27.14 (g)

[AndyOrch]

Costs on the small claims track are strictly limited by CPR 27.14. In the vast

majority of cases, a successful Claimant can only recover:

 

Court fees:

Issue fee

Allocation fee. It is worth noting that whether or not an allocation

questionnaire is actually filed, the fee is only payable where the case

is worth over £1,500.

Hearing fee

 

What a Defendant could claim would be minimal

 

Regards

 

Andy

[sohiab]

Well they want the whole lot, Solicitors fees ect adding to around £795 for my initial claim of £400!

 

I explained to the solicitor that I sent their client a letter at the same time as sending the court a letter for discontinuing the case. He said he will look into it..I did also call the law firm and cancel but the solicitors receptionist couldn't find my details (I have a log of the call and time).

 

I really don't feel I've acted unreasonably. If they had received the letter then I guess I wouldn't be in this position. Though, the did attend court because of this.

[AndyOrch]

Have you a breakdown of these costs?

 

Andy