Shop Direct Group, 4 accounts, Reclaiming £12 PENALTY charges - ready to go to court

[Amy29]

Hi

 

I've got 4 catalogues with late charges but thought i would start very claim first,

I've sent my sar letter its came back with all sar information for all catalogue 4 accounts.

 

So my questions are,

Do i do one claim letter for very, littlewoods, choice, kays.

What address do i send letter too.

 

Also should i put interset rate at 24.9%

 

thanks

amy29

[ims21]

I would do one claim per account.

 

Your reclaim letter should be sent to the registered office

 

The rate you claim should be at least the rate they charge you on the account. Have a read of No.4 in my signature of you want to claim a higher rate.

 

Bear in mind that you may have to sue to get the charge back.

[Amy29]

Thanks for fast reply as always ims21.

 

Ill do letter for each account,

do i use the same letter i used to claim late fees back from my credit cards just changing the wording.

 

Think i may have to go to court, as reading around there is not a lot of cases won by just sending the letters.

 

If i loose in court will i have to pay loads of fees.

 

Will keep posting with updates

 

Thanks again

[ims21]

Yes same letter as for credit cards, just amend to suit.

 

Court fees depend on the amount of claim...I believ they are set out on the MCOL website.

[Amy29]

Thanks ill have a look must be about £500 on each account.

[Amy29]

Hi

 

Got Sar from littlewoods kays choice very

 

Sent my first letter asking for charges back,they reply "We think our charges are fair and they are in your t&c and this is our final response"

 

I've now sent lba with charges list comes to £2,668,03 incl interest (sent Recorded Delivery)

 

I know they won't reply so in 14 days i'm going to issue court proceedings using money claim which will cost £80 online.

 

Thought would do this post to let people know how i get on.

 

Carn't find any post were someone as got all charges back.

 

If i lose what sort of fees/court cost will i have to pay.

 

regards

amy29

[ims21]

If you are in small claims track then generally costs are not awarded so you you should be OK.

 

If you are going to court you potentially have a lot of preparation work to do i.e. understanding why the charges are unfair/unlawful, knowledge of the relevant section of the Limitations Act if you are going back more than six years, an understanding of the interest you are claiming back.

 

Much reading and research ahead of you.

[Amy29]

Thanks for fast reply

 

Great were can i find this information,

want to make sure i know what i'm on about.

 

I know it's not going to be easy

[Amy29]

i'm only going back 6 years

[ims21]

Have a read around the bank forums and the sticky threads.

 

In particular have a look at the success threads.

 

Also have a read of these

 

http://www.consumerwiki.co.uk/index.php/FAQ

 

and here

 

http://www.consumerwiki.co.uk/index.php/Interest_Tutorial

[Amy29]

Thanks will have really good read.

 

They have now received my lba

[Amy29]

Hi, sent my sar to very, choice, kays, littlewoods.

 

They sent all information from one place in Aintree innovation centre.

 

Total comes to £2,911,86 with interest.

 

Sent first letter to ask for money back,they said," no charges are in your terms conditions"

 

sent lba,they said " i can confirm charges do reflect the actual cost of payment breaches to the business and are not excessive,for commercial reasons we do not provide a breakdown of these charges"final response complaint closed.

 

I've signed up for money claim and just on the part were it says,A short statement (maximum 1080 characters) of what you are claiming for and why.

 

I know i'm claiming back charges because they are unfair and it does not cost them £12 to send me one letter out,some months they charged me £12 twice.

 

So if someone would be so kind and give me an idea of how to word a short statement,would be so helpful.

 

I've read alot of posts on this site(so helpful) and i think i'm ready to start court proceedings.

 

thanks

amy29

[Amy29]

Hi, sent my SAR to very, choice, kays, littlewoods.

 

They sent all information from one place in Aintree innovation centre.

 

Total comes to £2,911,86 with interest.

 

Sent first letter to ask for money back,they said," no charges are in your terms conditions"

 

sent lba,they said " i can confirm charges do reflect the actual cost of payment breaches to the business and are not excessive,for commercial reasons we do not provide a breakdown of these charges"final response complaint closed.

 

I've signed up for money claim and just on the part were it says,A short statement (maximum 1080 characters) of what you are claiming for and why.

 

I know i'm claiming back charges because they are unfair and it does not cost them £12 to send me one letter out,some months they charged me £12 twice.

 

So if someone would be so kind and give me an idea of how to word a short statement,would be so helpful.

 

I've read alot of posts on this site(so helpful) and i think i'm ready to start court proceedings.

 

thanks

amy29

[Amy29]

Can anyone give me help please

[postggj]

I am no expert on reclaiming back £12.00 charges

 

Mine was Barclays and their penalty fees were £25.00 a time, they settled on the court steps.

 

As i understand it the Office of Fair Trading decided £12.00 were fair i believe with credit card charges

 

The OFT ruling is only advisory and not lawful, but you need to take it into consideration if the defendant brings it up

 

I fully agree charging £12.00 to send out a letter is totally disproportionate.

 

My advice would be do what i did, find out if these letters are automatic computer generated invoices with minimal human intervention

 

it will strengthen your claim no end

[ims21]

Pretty close but the OFT didn't actually decide £12 was fair.

 

They said that they wouldn't investigate charges of £12 and below but only a court could decide whether they are fair.

 

http://www.oft.gov.uk/news-and-updates/press/2006/68-06#.UdARkPnqmSo

 

The main thrust of the argument against these charges is that they are a penalty for breach of contract and as such should only reflect the actual losses to the other party.

 

I have never been able to find anything from a bank or other institution that gives a detailed breakdown of how these charges are calculated and it would seem that banks will not give this data. Accordingly they are just a figure plucked out of the air and do rnot represent the true cost of a late payment or of going over the credit limit etc.

[postggj]

That will explain why barclays did not test my claim in court and paid out

 

that was 4 years ago though

[ims21]

That will explain why barclays did not test my claim in court and paid out

 

that was 4 years ago though

 

Yep...and at the time of writing Barclaycard still tend to pay out just before court.

 

Other companies can be a pain in the butt though.

[Amy29]

Thanks for all your help.

 

So i'm filling out my money claim form for all 4 as one claim,

as when I sent my letters they always replied from one place for all accounts with one letter.

 

Do you think should do one court claim per account, or leave it as one.

 

 

Also how should I word the part on money claim were it says."A short statement (maximum 1080 characters) of what you are claiming for and why."

 

I've claimed charges back on credit cards all paid out on lba. Lloydstsb is the only one I've got to take to court.

 

I read a really good post on here were a lady started a court claim,claimed all her charges back from littlewoods etc and is now doing it for family members.

 

So gives me some hope just want to make sure I word it all right.

 

thanks

amy29

[postggj]

Are all these catalogue companies a trading name of one group

 

Littlewoods as an example

 

If that is the case the claim will go against the parent company

 

You need top find out who owns who

[Amy29]

Hi

 

Court papers are being issued to Shop Direct Group.

 

Which are the parent company.

 

thanks

amy29

[postggj]

remember

 

You will have to list all the charges and date of charge in a statement of loss (spread sheet)

[Old Cogger]

under "Shop Direct" is the main company name!

[Amy29]

Hi

 

So I sent my lba to shop direct to reclaim all charges (littlewoods,choice,very,kays)

 

They sent a letter back saying chargers are fair and that's their final response.

 

They would not tell me how it cost them £12 each time.

 

So i've started a claim using money claim.

 

They have made an acknowledgement of service,plus ticked the box I intend to defend all this claim.

Signed by their solicitor.

 

So i'm now awaiting their defence.

 

Just want to find anyone in same situation or success stories to keep me going.

 

thanks

amy29

[ims21]

Two threads merged.

 

Ok so have you done a spreadsheet of claim?

 

What did you state in your Particulars of Claim?