Very/NDR catalogue PENALTY charges reclaim - filing for court **WON***

[surrey_36]

:madgrin:Thanks for your reply citizenb, although i really am completely out of my depth i have no idea what im talking about and have just copied this info as suggested and adapted it where i thought necessary but the most of it goes comepltely over my head. The paragraph you are referring to I copied from someone elses POC, have i copied incorrectly or are you saying that im not in a position to claim anything back, Im confused becuase I just dont knwo what im doing, I dont know if what that paragraph implies is correct becuase Im not entirely sure i understand what it means!

 

Is this correct ? Surely if you believed they would slap charges on whether you were one hour, one day or one month late.. it would influence your decision to enter into an agreement.. wouldnt it ?

 

 

[Old Cogger]

here is one for the peeps = paid my account on net by debit card 22.30 hrs last night, find online statement stats that Late payment charge as of the 13th, but 13th payment shows as the 14th i.e. before it is the 14th, yet old statement states to be paid by the DEC 14th?

[IdaInFife]

1. The Claimant entered into an agreement (“The Agreement”) with the Defendant on or around 10/11/2007, whereby the Defendant was to advance credit facilities to the Claimant under a running credit account, Account no xxxxxxxxxx ("The Account").

 

2. The Agreement essentially consisted of the Defendant providing the Claimant with a credit account which would allow the Claimant to make purchases from the Shop Direct Group. In return the Defendant was entitled to charge interest at the published rate.

 

3. The Agreement was a Regulated Agreement for the purposes of the Consumer Credit Act 1974.

 

4. At all material times the contract was subject to the Defendant’s standard terms and conditions which could be varied from time to time.

 

 

Summary

 

5. Throughout the course of the Agreement, the Defendant has added numerous default charges to the Account for the Claimant’s failure to make the minimum payment on the due date and or for exceeding the credit limit and or if a payment is returned. (Full particulars are set out in schedule 2).

 

6. The default charges were applied in accordance with the standard terms of The Agreement which were:

a). A penalty payable on breach of contract and thus unenforceable and

b) An unfair term under the Unfair Terms in Consumer Contracts Regulations 1999(“The Regulations”) and therefore not binding on the Claimant.

 

 

7. The Claimant is accordingly entitled to repayment of the sums wrongly added to the Account.

 

The Charges

 

 

8. The standard Terms of the Agreement in substance provided as follows:

(a) The Defendant would provide the Claimant with The Account. The Claimant was entitled to use the Account to make purchases. The Defendant could unilaterally change the Limit with no written notice to claimant.

(b) The Defendant was entitled to charge interest on the purchases at the published rate.

© The Claimant was to pay the minimum payment by the due date as notified in the 4 weekly statements.

(d) In addition the Defendant was entitled to charge administration fees (“theCharges”) where the Claimant did not pay on the due date or had a payment returned. The Charges are currently £12 for each transgression.

 

Penalty

 

9. The Charges were payable on breach of contract by the Claimant.

 

10. The amount of the Charges exceeded any genuine pre-estimate of the damage which would have been suffered by the company in relation to the Claimant’s transgressions.

 

11. In the premises the Charges were punitive and a penalty and thus unenforceable at common law.

 

The Regulations

 

 

12. At all material times the Claimant was a consumer within the Regulations.

 

13. At all material times the terms of the Agreement providing for the Charges were unfair within regulation 5 of the Regulations in that contrary to the requirement of good faith they caused a significant imbalance in the parties' rights and obligations to the detriment of the Claimant.

 

14. Without prejudice icon to the burden of proof, the Claimant will refer to the following matters in support of the contention that the terms are to be assessed as unfair as at the time of the conclusion of the Agreement, and of each revision to the Standard Terms.

(1)The terms relating to Charges were standard terms; they would not be individually negotiated.

(2)The Charges were a penalty for breach of contract.

(3)The Charges exceeded the costs which the Company could have expected to incur in dealing with late payments or returned payments.

(4)Accordingly the Charges were a disproportionate charge incurred by the Claimant for their failure to meet their contractual obligation and thus within the ambit of Schedule 2 (1) (e) of the Regulations and indicative of an unfair term.

(5) As the Company knew, the Charges were of subsidiary importance to the customer in the context of the Agreement as a whole and would not influence the making of the Agreement.

(6) As the Defendant knew, the Claimant had no means of assessing the fairness of the Charges.

(7) In the premises, the effect of the Charges would be prejudicial to the customer who incurred them, and cause an imbalance in the relations of the parties to the Agreement by subordinating the customer’s interests to those of the Defendant in a way which was inequitable.

 

15. Without prejudice icon to the burden of proof,t he Claimant will contend that the terms imposing the Charges are not core terms under regulation 6 of the Regulations and relies on the following matters.

(1) The assessment of fairness does not relate to terms which define the main or core subject matter of the Agreement.

(2) The assessment of fairness does not relate to the adequacy of the price or remuneration as against the goods or services supplied in exchange (in other words, whether or not the relevant services were value for money).

(3) The Charges are correctly described as default charges by the Defendant in the key information provided to new customers.

 

16. By reason of the said matters the terms were not binding under regulation 8 of the Regulations.

 

17. The Defendant wrongly applied Charges to the Account totalling some £576.00 between 10/11/2007 and 08/09/2012 Particulars appear from Schedule 2.

 

18. On 25/09/2012 the Claimant demanded repayment of the sums wrongly applied.

 

19. The Defendant has not repaid them or any of them.

 

And the Claimant claims

 

(1) A declaration that the sums totalling £576.00 have wrongly been applied to the Account

 

(2) Payment of the said sum of £576.00 and interest of £1462.19 applied by the Defendant thereon.

 

(3) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of payment of the Charge to date in the sum of £163.06 and at the daily rate of [ xx ] until judgment or sooner payment.

 

(4) Court costs of £80.00

I believe that the facts stated in these particulars, comprising of x pages are true.

[IdaInFife]

tided it up but still need legal head to go over it.

[IdaInFife]

My reading is that cause you are that desperate to get credit then it would not bear any relation to you to apply for it

[AndyOrch]

Popping in as requested.Surrey you did not enter in to an agreement with NDR I understand it was ShopDirect. Is this account an Assignment?

 

Regards

 

Andy

[surrey_36]

Hi Andy, I didnt realise I had a reply to this thread so sorry for the late reply, yes the account was shop direct and they then passed it on to NDR

thank you for your help

Popping in as requested.Surrey you did not enter in to an agreement with NDR I understand it was ShopDirect. Is this account an Assignment?

 

Regards

 

Andy

[surrey_36]

Hi Andyorch, yes when i got into arrears with shop direct i then was chased by NDR for the money, thnak you for your help

Popping in as requested.Surrey you did not enter in to an agreement with NDR I understand it was ShopDirect. Is this account an Assignment?

 

Regards

 

Andy

[surrey_36]

i wonder if anypone can help me with this, seem to have got stuck

[AndyOrch]

Perhaps a recap of where you are up to surrey would be of benefit ..have you issued your claim?

 

Regards

 

Andy

[surrey_36]

Hi andyorch, just wondering am i ok to go ahead and complete the money claim online which indainfile has provided above for me? Im not quite sure where i am on this, thanks for your help

Popping in as requested.Surrey you did not enter in to an agreement with NDR I understand it was ShopDirect. Is this account an Assignment?

 

Regards

 

Andy

[AndyOrch]

What name have you cited as the Defendant on your PoC?

[surrey_36]

Hi andy!

No I havent issued anything yet, I read the thread by IdainFife, which seems to have the Particulars in claim all written for me (Thank you very much idainfife!) - and her message below that one, says we just need a legal head to check over it, so as far as I know I was waiting for that to happen, i think thats where I am !

[AndyOrch]

What name have you cited as the Defendant on your PoC?

 

Regards

 

Andy

[surrey_36]

Hi andy, my name against SHOP DIRECT GROUP LIMITED

as the replies i have had from VERY have come from a letterhead of Shop Direct Group

thank you for your help

[AndyOrch]

Just make sure that you are claiming against the correct name....also I would now wait until 1st April to submit as the SCT thresholds change and so you will have further protection.

 

:- http://www.consumeractiongroup.co.uk/forum/showthread.php?384582-NEW-CPR-changes-applicable-from-1st-April-2013(2-Viewing)-nbsp

 

Regards

 

Andy

[surrey_36]

thanks Andyorch, the debt was with 'Very', 'NDR' were the company that i was making payments to, then when i wrote and asked them to refund unlawful admin charges the reply cam from 'SHOP DIRECT GROUP', so am i right in saying the name is Shop Direct Group? Thanks fo ryour help!

Just make sure that you are claiming against the correct name....also I would now wait until 1st April to submit as the SCT thresholds change and so you will have further protection.

 

:- http://www.consumeractiongroup.co.uk/forum/showthread.php?384582-NEW-CPR-changes-applicable-from-1st-April-2013(2-Viewing)-nbsp

 

Regards

 

Andy

[Old Cogger]

NDR = Nationwide Debt Recovery = is Shop Directs in house DCA.

[surrey_36]

Is anyone able to clarify if Im correct that Shop Direct is the company that i am putting on the claim? Cheers!

[dx100uk]

yes

 

dx

[helpneeded123]

hello

 

Do you have an update on this?nI have a strong feeling ill be taking Shop Direct Group to court soonn....Would love an update!

 

Thanks!!!

 

Good Luck!

[surrey_36]

ill keep this thread posted with updates! thank you for the good luck wishes , fingers crossed

hello

 

Do you have an update on this?nI have a strong feeling ill be taking Shop Direct Group to court soonn....Would love an update!

 

Thanks!!!

 

Good Luck!

[surrey_36]

Hi to anyone that can help, just completing the money claim online and im just at the 'particulars of claim ' section, the box will only allow a short amount of text and not the whole POC's that were drafted on this thread. Do I sned these seperately or something by post? Cheers for any advice here!

yes

 

dx

[AndyOrch]

You can serve a more particularised PoC in addition to the short text....you must state that you are doing so within your PoC.

 

Regards

 

Andy

[surrey_36]

Thanks Andyorch, Ive not done this before so please excuse if these are stupid questions! Do I just state in the POC section for example "POC attached" and then attach the relevant word doc containing the POC?

 

I was also wondering what would happen if for example my POC contained some information that was incorrect, being as I have copied someone elses (as i have copied from someone previously who made a credit card claim) If the POC did contain confusing info would they just return it or quesry it with me, or would i just instantly lose?

 

Thank you very much for your help

Getting nearer to issuing my first claim! -

You can serve a more particularised PoC in addition to the short text....you must state that you are doing so within your PoC.

 

Regards

 

Andy