Money Claim Online Help

[lynski3053]

Hello, any help here would be much appreciated as I'm really unsure what to do. (I don't even know if I've posted in the right place! sorry if I have)

 

I issued a money claim online against a cataloge company for late payment charges including these the interest and court costs the total came to just over £400.

 

They advised they were defending the claim (the 28 days is up tomorrow).

 

I received an email from their solicitor a week and half ago asking me to call them to discuss a settlement. I emailed back and said I would discuss a settlement but only via email or post so I could keep copies for my own record. (I didn't want to say something I may later regret).

 

On Thursday of last week I finally got a reply advising as the outstanding balance of £280 was now with a dca legally they don't have to defend it but as a gesture of good will they would buy the debt back and clear the £280 outstanding balance. I emailed back to say that I was happy for them to clear the balance but was looking for more as there were court costs and interest also.

 

On Friday I received another reply back advising they would pay out £300 £280 to clear the debt and a £20 cheque to me. They said that as I had in effect not paid most of the charges (I haven't paid anything on the catalog since august 2012) then it would look good if this went to court as I am basically asking for money that I haven't paid. And as they felt there offer was reasonable they would inform the court of my decision to not be reasonable. (Probs a scare tactic and it's working).

 

I emailed back to confirm that I thought my claim amount was reasonable and the outstanding balance wasn't actually for goods but rather charge after charge been added to the account. I also advised that in the paper work they sent out to me there was no notes of me calling them other than for a fault with a purchase back in 2009. But that I had evidence that I called them to ask them to move my payment to avoid the charges due to a change in my work but was constantly advised no. I then said I would seek advice from own solicitor and left it that.

 

And this is where I am, sorry for rambling but I really do not know what to any more.

 

Any help or advice will be greatly appreciated.

 

Thanks In Advance

[renegadeimp]

If they own the debt then legally they DO have to defend. The gesture of good will comment proves that they know they are wrong, otherwise they would simply say "discuss it with xx dca".

 

IMO i would keep an eye on the dates from the court, and as soon as you get a judgement against them, do not hesitate and make sure you get enforcement orders from the court.

[lynski3053]

Thanks for the quick reply.

 

I did think it was strange how they could 'buy the debt back' so quickly. I did call the DCA myself to explain that I had issued a claim against the catalog company and they have put it on hold for 28 days at there decision to do so. I will keep an eye on the dates as you say as I know the 28 days are up tomorrow. In the last email the solicitor sent with the offer of the £300 she did say that the offer was open for 7 days and after that 7 days it would be retracted. Will that have any effect on the court dates?

 

Again Thanks In Advance

[steampowered]

Unless they have actually filed a Defence, you will get default judgment. Their statement about not having to defend it because it has gone to a DCA is not accurate. Ignore the DCA.

 

I am sorry if I have misunderstood, but based on your description I agree with their analysis about charges. You should only be compensated for what you have actually paid to the company. You cannot expect to be refunded for charges which were never paid and will be erased when the company clears the balance on the account. This would be double-counting.

 

You can only expect to receive a refund of charges you actually paid to the company before August 2012, plus interest, plus court costs. I suggest writing back to them with your offer.

[lynski3053]

Thanks for the reply.

 

Yes you have understood it correctly re the charges and me not paying anything since August I did think about that too to be fair to them. That's great advice.

 

I'm just going to number crunch now and send my reply.

 

Many Thanks

[lynski3053]

Hello, Could somebody just please check the figures below for me before I send my reply back if possible. I don't want to seem as though I don't know what I'm talking about

 

A refund direct to me of all charges and interest from late payment fees paid up to and including August 2012 when the catalog received my last payment. The total charges of £180 this should be £288 however I haven't included the months of February, May, June and July 2012 as payment was not made by me. Interest now at a total of £33.74 plus court costs of £35. Grand Total £248.74 to be returned direct to me by way of a cheque. Also all default notes that are on my credit file be removed. The outstanding balance on the account should also be cleared.

 

If my workings are correct tho as I have an outstanding balance of £280 this would then cost them more than what I have asked for or am I looking to deep into it and thinking too much please help and any advice is greatly appreciated.

 

Thanks In Advance Again

[renegadeimp]

Have you worked it out via spreadsheet so you can send a copy to them to cooberate with your sums?

[lynski3053]

OK so I have just decided to check the claim online and they issued a defence yesterday! I am now slightly worried there defence is as follows:

 

Defence

 

The defendant denies any liability to the claimant.

 

The claimant has not made payments in accordance with the account

terms and conditons in place between the claimant and the

defendant and as such, pursuant to such terms and conditions, the

defendant is entitled to charge late payment charges.

 

The defendant denies that the relevant term of the agreement

between the claimant and the defendant allowing it to charge late

payment charges is unenforceable under the Unfair Terms in

Consumer Contracts Regulations 1999, Unfair Contract Terms Act

1977 and at common law.

 

In the alternative, the claimant has not paid all the late

payment charges that have been applied to her account, so the

defendant has the right to offset any amount awarded against that

which is outstanding. Furthermore, the defendant has no legal

basis on which to claim interest on amounts not paid.

 

Please advise on what I now need to do as I think this is a little out of my depth.

 

Again Thanks In Advance

[lynski3053]

Hi, rengade sorry I only just saw your reply, yes I used a spreadsheet.

[steampowered]

OK - so you paid 248.74 in charges. Does this exclude the actual costs of the goods and exclude interest?

 

And is the whole of the remaining balance just charges?

[AndyOrch]

OK so I have just decided to check the claim online and they issued a defence yesterday! I am now slightly worried there defence is as follows:

 

Defence

 

The defendant denies any liability to the claimant.

 

The claimant has not made payments in accordance with the account

terms and conditons in place between the claimant and the

defendant and as such, pursuant to such terms and conditions, the

defendant is entitled to charge late payment charges.

 

The defendant denies that the relevant term of the agreement

between the claimant and the defendant allowing it to charge late

payment charges is unenforceable under the Unfair Terms in

Consumer Contracts Regulations 1999, Unfair Contract Terms Act

1977 and at common law.

 

In the alternative, the claimant has not paid all the late

payment charges that have been applied to her account, so the

defendant has the right to offset any amount awarded against that

which is outstanding. Furthermore, the defendant has no legal

basis on which to claim interest on amounts not paid.

 

Please advise on what I now need to do as I think this is a little out of my depth.

 

Again Thanks In Advance

 

Can we see your Particulars of Claim (verbatim) Lynski ?

 

Regards

 

Andy

[lynski3053]

Thanks for the replies. It is very confusing so hopefully this will break it down better.

 

Steamboat: The charges all in total applied since 2008 come to £336 with 2 more added since for Feb and March 2013 (which I haven't asked for them back so should be £360) so for arguments sake I'm gunna stick with the 336 I originally asked for. This is charges alone and does not include any interest.

 

Looking at the paperwork they have sent my balance carried forward as of November 2011 was £68 I know this didn't include any charges as my last charge before this was Jan 2011. I since then purchased goods totaling £235.95 my last order being placed in March 2011. So total amount here is £303.95.

 

I have paid to them in total since November 2011 £256.59. This is the first time I have seen a short fall on the goods.

 

They have since November 2011 applied charges of £216 to the account.

the £336 figure I came to comes from 9 previous charges between 2008 and Jan 2011.

 

I hope this makes a bit more sense now steamboat.

 

Andy: Please see below:

 

The Claimant has an account XXXXXXX with

the Defendant, opened approximately November

2003 Since then the Defendant debited

charges and interest in respect of

purported breaches of contract. Defendant is

aware of all details as a list of charges

has already been supplied. Claimant

contends The charges exceed the Defendant's

losses caused by the breaches. The Term

permitting the Defendant to levy such

charges is unenforceable under the Unfair

Terms in Consumer Contracts Regulations

1999, Unfair Contract Terms Act 1977 and at

Common Law. Claimant claims return of the

amounts debited of £336. Interest per S.69

County Courts Act 1984 of 8% £38.09

continuing at 8% until judgment or

settlement at a daily rate of £0.07

The claimant claims interest under section 69

of the County Courts Act 1984 at the rate of

8% a year from 10/01/2013 to 17/04/2013 on

£374.09 and also interest at the same rate

up to the date of judgment or earlier payment

at a daily rate of £0.07.

 

Thanks Again

[lynski3053]

Hello,

 

I have today received the catalogs defence in the post from the court.

 

They have said that I have until the 5th June to reply or my case maybe struck out. They have asked me to complete a Small Claims Directions Questionnaire in (Form N180) and file it with the Northampton Court Office and serve copies to all parties.

 

Is there a sticky on here to help me fill this in what somebody could post a link to please as I can't seem to find one.

 

Sorry To Be A Pain

[lynski3053]

Please ignore the message above it is just some simple yes and no questions .... I must read things properly before posting on here.

Sorry

[I've got no money]

I know that I haven't been around for a couple of years but I'm confused.

 

Can I just run through the situation as I see it. You had a catalogue and on your calculation you owed the 303.95 - you've paid them 256.59 - so you should owe them about £47. They've imposed charges and say that you owe them an extra £216. What I'm not clear about is whether you have actually paid them the £216 or whether they are just asking for it. Their defence seems to say that you haven't actually paid over all of the charges over. Is that right?

 

Exactly how much in charges have you paid over to them?

[lynski3053]

You are right in how you've worked it out.

 

I've just been working this out as I have been really confused and now I think I have got it.

 

I didn't think I owed on goods but realized the other day that I owed the £47.

 

I have actually only paid in total £84 of the charges. The rest of the charges have been added during the time when I was still paying them due to paying late etc. I stopped paying them when I thought I had paid the goods off and they just stuck on charge after charge.

 

I think I may have been a little quick to issue the money claim without working the figures properly first. I now have a figure in mind that I'm going to send to them by way of settlement in that I'll ask for £37 plus interest plus court costs paid. The 37 figure comes the 84 charge minus the 47 I owe them.

 

Does this seem right to you or am I still confusing myself.

[steampowered]

I am still a little confused about exactly how much you paid in charges, and how much of this is reflected in the outstanding balance

 

If you now want to ask for 37 plus interest and costs, doesn't that mean their original offer to clear the debt and send you a 20 cheque is better than this? If so why not accept this offer (or ask them to re-offer it if it has expired)?

[I've got no money]

I think that you need to be clear about what you want and to make it straightforward. I think that you want:-

1. The current charges written off

2. The charges you have paid refunded - less the amount outstanding - £37

3. The court fees - £35

 

Personally I wouldn't claim interest on £37 - its not worth the hassle

 

Their offer is to write off the £280 and to give you £20. That means they would be giving you £57 - i.e. the amount you owe them £37 plus £20 which I think is slightly less than the £72 you're saying you want.

 

It would be easier to go back to them and, on a w/o prejudice basis, invite the to offer the £300 again or again w/o prej ask them to write off the balance and send you a cheque for £35 instead of £20 - personally I think its a lot of hassle for an extra £15