small claims summons capquest

[steven4064]

As dx says, counterclaim for the PPI, any late payment charges plus the interest they have changed you on both. THEN put interest in restitution on top of the lot.

 

Actually, looking at the form on page 13 of the link I sent - you don't need to admit the claim or actually produce a defence. Just fill in box 3 "DISPUTE THE CLAIM (or the amount due) and attend at court" and enter "I intend to state a counterclaim"

 

Look at paragraph 2.17 on page 23 and the example on page 24 - that should be enough to get you going.

 

When do you need to get your defence in?

[grifty]

I have just 2 weeks to submit a defence, so i'll go through all my paper work over the weekend and fill out the ppi spreadsheet (am I right in saying I should use the second one listed CIsheet v 101) and do I add their late charges to the same sheet.

 

I'll reply saying I will state a counter claim and appear in person. Do I send a copy of the full counter claim to the court and capquest or just some bullet points regarding what my claim is about.

 

grifty

[steven4064]

You will effectively need to do a POC with the spreadsheets as attachments. In box 3 write " I intend to state a counterclaim, particulars of counterclaim attached" Then set it out as in the example on page 24.

[dx100uk]

you need to do TWO SOC's one for PPI one for PENALTY charges.

 

 

thats the correct sheet yes.

 

use the highest APR you can find or it might be 24.9% [ not sure on restitution claims]

 

dx

[grifty]

Rightbeen through all the paperwork from shop direct and found they owe us just under £2000 for the PPI and around £252 in charges applied. The intrest charged on the account was 26.42%, so that is what I put in the spreadsheets. Do I just leave the end date as the current date or should i put in the date they sold the account? With compound intrest the PPi is just shy of £6000 and the charges £500. I just need to write my particulars of claim now.

 

grifty

[dx100uk]

end date current is ok

 

dx

[havinastella]

This is just a very small point but it will save you a bit of money upfront on court fees.

 

If you make a counter claim you also have to pay a court fee.

 

However, if you say that, as part of your defence, you have the right of equitable set-off of these charges against the amount claimed then you are counter-claiming the charges but you don't need to pay the fee

 

 

 

If anybody is interested here is a bot about the different types of set-off:-

 

The 1958 Court of Appeal decision in the case of Hanak -v- Green is regarded as one of the key decisions defining the modern law of set-off. It may now be said there are four forms in which a set-off can arise: 1) Mutual liquidated debts (sometimes called legal set-off). A cross claim can be set-off as a defence if the amount of the debt is known or can be readily and without difficulty ascertained. 2) Equitable set-off (sometimes called transaction set-off). The test as to whether a cross claim can be relied upon as an equitable set-off is whether it is so closely connected with the claim that it would be manifestly unjust to allow the claim without taking into account the cross claim. 3) Contractual set-off. The contract may dictate certain procedures that must be observed to preserve the right to apply a set-off 4) Statutory set-off. For example, under rule 4.90 of the Insolvency Rules 1986 an employer can set-off any claims it can prove against monies owing to an insolvent contractor.

[AndyOrch]

Quite True havinastella but what if your defence is struck out, so does your set off, I personally would submit a Part 20 CC separately that way your CC is protected and you are given all the rights of the Defendant Part 20 Claimant, including costs.

 

Regards

 

Andy

[grifty]

I think I need help with wording the POC for the counterclaim. I'm worried about how much information I need to put in, i'm also a bit worried about how to word it tbh I'm a bit nervous about it getting thrown out because I'm not used to legal jargon.

 

grifty

[grifty]

I am ready with my particulars of claim, could one of the site team have a look at it to see if it makes sense? I intend to send it recorded delivery Friday.

 

Grifty

[steven4064]

Sorry grifty, I've been away. If you want to post the POC here, I'll have a look

[grifty]

Thanks Stephen, here it is.

 

Counterclaim.pdf

[dx100uk]

can we check your spreadsheets for you too?

 

dx

[grifty]

Should i just upload as exel spreadsheets?

 

Grifty

[dx100uk]

for security reasons i'd print as PDF and attach those

[grifty]

ok here are the spreadsheets

 

Grifty

shopdirectcharges.xls.pdf

 

 

shopdirectppi.xls.pdf

[dx100uk]

thats great

 

as a point

 

are there ppi/penalty charges

 

[ps i'd rename your charges SOC PENALTY charges

and refer to them as PENALTY chrges in ny ref. docs

they do not truely reflect their admin costs re:FSA guidelines]

 

that go back further

it might be an idea to include additional / alternate SOC's, as that could be a very good 'persuader' too.

 

also be prepared to include/show copies of all the staetments they come from.

dx

[grifty]

Thats us been to court.

 

Other side had appointed a local solicitor there.

 

His brief seemed to be to see if we turned up and what we had to say.

 

Sheriff asked what our response was I said I disputed the debt was owed as the ppi meant my wife was owed a greater amount by the other side.

 

Their solicitor then suggested capquest had only bought the debt and were not responsible for the ppi.

 

The Sheriff raised an eyebrow at that and commented "that is an interesting concept".

 

I explained to the Sheriff that as Capquest had intimated they had purchased the debt and had full assignation they also were responsible for all other liabilities in respect of the account.

 

He seemed to agree this was normally the case.

 

The other side then requested a sist to allow them to look into the ppi.

 

The Sheriff asked if I was happy with that.

 

So for the moment it's all suspended pending further contact from them.

 

Grifty

[dx100uk]

i'd get the PPI/charges claims IN to the OC.

 

there are no recorded PPI reclaims that i know

whereby the purchaser f a debt has been held responsible for the PPI/charges refund.

 

its always the OC

 

nice stall though

 

thats got Crapest thinking!!

 

dx