lowell/overdale claimform - old Shop Direct CAT debt - Now Wiped out by my Court Charges Reclaim **WON**

[hillards]

I'll include:

Budget

Proof of Income

 

Not sure why you need to give them your budget and proof of income, it's got nothing to do with them ;-) You are asking for a refund of charges. That's all they need to know. Yes, include a spreadsheet of what you think they owe you, so they can see what you are expecting. They'll probably tell you to 'go away' or even ignore you altogether.

 

Be prepared for court. That's what we had to do, see our thread at : http://www.consumeractiongroup.co.uk/forum/showthread.php?423969-Hillards-v-Shop-Direct-charges-claim-off-to-court

 

I was a bit worried when you were showing the interest rate as only 2 point something, the courts work on 8% so that would have been the minimum, at least you found out what the compound interest APR was before sending your claim in.

 

Best of luck with your claim, you'll need to be aware of various points that will help you to win your case, the important one being that the OFT ruling of April 2006 where companies were told to charge no more than £12 was not an order for them to charge £12. We had a line on our particulars of claim which read: "I do not accept that the Office of Fair Trading report of April 2006 deemed £12 to be an acceptable charge, as it clearly did not. "

 

We pointed out to their solicitor that they could have avoided court and additional costs had they dealt with the matter properly when we asked them to pay the various fees back. He was going to 'have words' with their customer relations people about it.

[Ftgab19]

Thank you Hillards for your input,

 

I will keep what you've said in mind, I still haven't had any responce to my complaint letter yet. Then again I did give them 14 days and it's only been 11 days. Also they still haven't signed for the letter, but i bet they have it.

 

Thanks

Andrew

 

 

 

[Ftgab19]

Just an update,

 

It's now been 14 days and still no reply from my letter. I know I should leave 2 days for postage but thinking I'll get a letter ready encase they don't reply. Could anyone give my a template?

 

Thanks

Andrew

[hillards]

Just an update,

 

It's now been 14 days and still no reply from my letter. I know I should leave 2 days for postage but thinking I'll get a letter ready encase they don't reply. Could anyone give my a template?

 

Thanks

Andrew

 

You've probably confused them. In your letter you put

"Under the FCA guidelines, Shop Direct Limited has 8 weeks to resolve my complaint. I trust that you will deal with my case within this period. If not, I will refer the matter to the Financial Ombudsmanicon Service.

I look forward to receiving a full response to this letter within 14 days "

 

Have they got 14 days, or 8 weeks ? Give 'em an inch and...

 

When I did the first letter to them I gave them 14 days, then sent a Letter Before Action. Then started court proceedings. You've given them 8 weeks to deal with it or you'll go to the FOS, which could take many months more.

 

Suggest doing a bit more reading on how other people have dealt with matters like this, you need a better understanding of how to deal with these companies ;-)

[Ftgab19]

Well how much would It cost to go to court? Because If it's not that much I might just do that. Is it all done through the post or will I need to turn up in court?

 

Thanks

Andrew

[Ftgab19]

What should I put in the letter before action letter?

 

I can fill out the court forms why they workout what crap to put in there reply.

 

Thanks

Andrew

[Ftgab19]

Hillards, is there any chance you could tell me if you think I have a case with the court route? If so could you please explain what you needed to do since you went to court with Shop direct.

 

Many Thanks

Andrew

[Ftgab19]

I've just checked on the post of my letter. still says "we have your item"

 

I want to send a lba letter because I'm not waiting another 6 weeks for them to say go to the FOS. Not when I plan to go to court and since they have 28 days to respond to the lba letter I want to get it out ASAP.

 

Could anyone help me type it?

 

Need this sorting

 

Thanks

Andrew

[hillards]

Hi Andrew,

 

Like a lot of people, I'm not on here every day. I try to reply when I get chance.

 

Court costs depend on the value of the claim. Start here: https://www.gov.uk/make-court-claim-for-money/overview - the usual advice is NOT to file online as there is not enough room for the standard Particulars of Claim, you would need to print it and send it to Salford. The cost is a little higher taking that route.

 

Usually it's dealt with by post unless there is disagreement and it cannot be settled easily. Sometimes the other party will back down and make an out of court offer to settle the matter, rather than waste time and money going through the court procedure. No promises they would do that though.

 

We originally followed Tessy's thread for example documents to use - see http://www.consumeractiongroup.co.uk/forum/showthread.php?395088-Barclaycard-charges-reclaim-help-please - that was for the first of several claims, we've modified the documents since.

 

I'll mention that CAG is a self-help forum, there are some template letters in the library but otherwise it's a case of helping yourself and reading other people's threads to gather the info, and example letters, you may need. I would not want to try and write your claim for you as you need to do it for yourself so you understand fully what it's all about Likewise, I cannot advise on if you should take the court route. It's your decision, I don't know all the details.

 

Our thread is at http://www.consumeractiongroup.co.uk/forum/showthread.php?423969-Hillards-v-Shop-Direct to explain the steps we took.

 

If you follow the links, or read the pop-ups, in the highlighted words like FOS and LBA there's a lot more info, saves people like me having to retype it all ;-)

 

Expect complaints if you go ahead when you've given them 8 weeks to respond, they will take the longer date. This is one of the reasons why people are advised to read lots of other threads, so they can avoid issues like this.

[Ftgab19]

Sorry should of just waited a bit.

 

Thank you for the website for working out how much it was cost. Since my claim is £901.11 it would cost me £70 to send form to court centre.

 

I just hope it doesn't need to get to a hearing. Also I've had a look and found the lba letter they used. I just have a few questions, I'll add my question to the part I'm asking about.

 

 

My Letter:

 

 

Shop Direct Limited

1st Floor

Skyways House

Speke Road

Speke

Liverpool

L70 1AB

 

Date:22/01/2015

 

 

LETTER BEFORE ACTION

 

ACCOUNT/REFERENCE No: 00000000

 

 

 

Dear Sir/Madam

 

Following media reports, and an investigation into credit card charges by the Office of Fair Trading, which I have recently been made aware of, I now understand, that the regime of fees which you have been applying/applied to my account in relation to late fees, and over limit charges, are unlawful at Common Law, Statute and Consumer regulations, in that they did not/do not, represent a genuine pre-estimate of your actual costs. ( Does this need to be changed to fit a claim for Littlewoods charges not credit card charges.)

 

 

 

I would draw your attention to the terms of the contract which you agreed to at the time that this account was opened. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law, and in consideration of fair business practices and good faith.It is my contention that you have failed to operate my account in a manner conducive to the above, and have demonstrated a lack of fiduciary duty.

 

 

 

I calculate that you have taken £408 in charges, in addition to which I also claim restitutionary interest, in accordance with the precedent set in the case of Sempra Metals v Inland Revenue Commissioners, of £491.11 and totalling £901.11 additionally, you have entered a default notice against my credit record. The default total included unlawful charges levied by you, or was the result of impecuniosity caused directly by the taking of your penalty charges which you had applied to my account.

 

 

In recent years, Courts have been happy to accept claims for bank charges that exceed 6 years , with regard to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under s.32(1)© of the limitation act 1980. Should county court action be needed I will be seeking to rely on this. (Would this also need to be changed to fit a claim for Littlewoods charges not credit card charges.)

 

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable. Therefore this letter requests a refund of all charges indicated including restitutionary interest within 14 days from the date of this letter.

 

 

I request that payment is made directly to me by cheque and that any refund in whole or part should not be allocated to any set off or third parties.

 

 

Yours Sincerely

 

Signed

 

Name Printed

 

 

Also is they anything else I might of missed that needs changing?

 

 

Thanks

Andrew

 

 

Hi Andrew,

 

Like a lot of people, I'm not on here every day. I try to reply when I get chance.

 

Court costs depend on the value of the claim. Start here: https://www.gov.uk/make-court-claim-for-money/overview - the usual advice is NOT to file online as there is not enough room for the standard Particulars of Claim, you would need to print it and send it to Salford. The cost is a little higher taking that route.

 

Usually it's dealt with by post unless there is disagreement and it cannot be settled easily. Sometimes the other party will back down and make an out of court offer to settle the matter, rather than waste time and money going through the court procedure. No promises they would do that though.

 

We originally followed Tessy's thread for example documents to use - see http://www.consumeractiongroup.co.uk/forum/showthread.php?395088-Barclaycard-charges-reclaim-help-please - that was for the first of several claims, we've modified the documents since.

 

I'll mention that CAG is a self-help forum, there are some template letters in the library but otherwise it's a case of helping yourself and reading other people's threads to gather the info, and example letters, you may need. I would not want to try and write your claim for you as you need to do it for yourself so you understand fully what it's all about Likewise, I cannot advise on if you should take the court route. It's your decision, I don't know all the details.

 

Our thread is at http://www.consumeractiongroup.co.uk/forum/showthread.php?423969-Hillards-v-Shop-Direct to explain the steps we took.

 

If you follow the links, or read the pop-ups, in the highlighted words like FOS and LBA there's a lot more info, saves people like me having to retype it all ;-)

 

Expect complaints if you go ahead when you've given them 8 weeks to respond, they will take the longer date. This is one of the reasons why people are advised to read lots of other threads, so they can avoid issues like this.

[hillards]

I just have a few questions

 

Not quite - you would need to write and ask them for repayment first, then send a letter before action. The original letter should have given all the details, a letter before action would just refer back to the original and give then a further period of time in which to respond before applying to the court. In the original letter it should given the message that a letter before action would be sent if they failed to respond favourably.

 

As for the letter: Amend it to 'charges' instead of 'credit card charges' or 'bank charges', you may also need to change it to 'as reported by the Office of Fair Trading in 2006' so they are clear on what you mean as the OFT report is quite old now.

 

You should never just use someone else's letter, adapt it to suit your own case. These companies can spot things that show your weaknesses, and they will assume you are just jumping on the bandwagon.

 

Have you made a spreadsheet of the charges and interest? This should have been referred to in the letter and a copy attached so they can see how you've arrived at the figures you give.

 

I just hope it doesn't need to get to a hearing

Why is that? If you are not prepared to go through the entire procedure then you should not start or even threaten court action. You are telling the other side that you will take them to court, you will stand up and defend your case - it's not down to calling their bluff, they'll call yours. They will send a solicitor to court if needs be, you have to be sure of your facts and know your own case inside out.

 

This is why people like myself almost insist on you reading lots of other threads before even staring your own action. You have to be 100% on what you are doing, otherwise the companies you are trying to get repayment from will exploit your lack of knowledge or turn things back on you that are incorrect and may even invalidate your claim. People here are only able to offer advice, not deal with your case for you.

[Ftgab19]

Hi hilards,

 

I sent them a covering letter, spreadsheet of charges and interest after I read I could claim the charges back. But I didn't know I needed to include all the details of cases or fair trading reports.

 

I take from what you've said that, I'll need to write them a letter before I send the lba letter. I"m reading up on the barclays claim successes. Is there any other cases that I should read or any to do with littlewoods charges?

 

As for my letter I've changed what you've said, and removed the "letter before action". Do I need to reference my last letter anywhere or just send it how it is below?

 

 

My Updated Letter:

 

 

Shop Direct Limited

1st Floor

Skyways House

Speke Road

Speke

Liverpool

L70 1AB

 

Date:24/01/2015

 

 

ACCOUNT/REFERENCE No: 00000000

 

 

Dear Sir/Madam

 

Following media reports, and an investigation into charges by the Office of Fair Trading in 2006, which I have recently been made aware of, I now understand, that the regime of fees which you have been applying/applied to my account in relation to late fees, and over limit charges, are unlawful at Common Law, Statute and Consumer regulations, in that they did not/do not, represent a genuine pre-estimate of your actual costs.

 

 

 

I would draw your attention to the terms of the contract which you agreed to at the time that this account was opened. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law, and in consideration of fair business practices and good faith. It is my contention that you have failed to operate my account in a manner conducive to the above, and have demonstrated a lack of fiduciary duty.

 

 

 

I calculate that you have taken £408 in charges, in addition to which I also claim restitutionary interest, in accordance with the precedent set in the case of Sempra Metals v Inland Revenue Commissioners, of £495.55 and totalling £903.55 additionally, you have entered a default notice against my credit record. The default total included unlawful charges levied by you, or was the result of impecuniosity caused directly by the taking of your penalty charges which you had applied to my account.

 

 

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable. Therefore this letter requests a refund of all charges indicated including restitutionary interest within 14 days from the date of this letter.

 

 

I request that payment is made directly to me by cheque and that any refund in whole or part should not be allocated to any set off or third parties.

 

 

Yours Sincerely

 

Signed

 

Name Printed

 

I'm happy for it to go all the way, just want the letter out first because of how long they have to respond. I've got time yet to learn the ins and outs for a hearing if there is one.

 

Thanks

Andrew

 

 

Not quite - you would need to write and ask them for repayment first, then send a letter before action. The original letter should have given all the details, a letter before action would just refer back to the original and give then a further period of time in which to respond before applying to the court. In the original letter it should given the message that a letter before action would be sent if they failed to respond favourably.

 

As for the letter: Amend it to 'charges' instead of 'credit card charges' or 'bank charges', you may also need to change it to 'as reported by the Office of Fair Trading in 2006' so they are clear on what you mean as the OFT report is quite old now.

 

You should never just use someone else's letter, adapt it to suit your own case. These companies can spot things that show your weaknesses, and they will assume you are just jumping on the bandwagon.

 

Have you made a spreadsheet of the charges and interest? This should have been referred to in the letter and a copy attached so they can see how you've arrived at the figures you give.

 

 

Why is that? If you are not prepared to go through the entire procedure then you should not start or even threaten court action. You are telling the other side that you will take them to court, you will stand up and defend your case - it's not down to calling their bluff, they'll call yours. They will send a solicitor to court if needs be, you have to be sure of your facts and know your own case inside out.

 

This is why people like myself almost insist on you reading lots of other threads before even staring your own action. You have to be 100% on what you are doing, otherwise the companies you are trying to get repayment from will exploit your lack of knowledge or turn things back on you that are incorrect and may even invalidate your claim. People here are only able to offer advice, not deal with your case for you.

[Ftgab19]

Would my letter be ok to send or would I need to change anything?

 

I've not been able to find many littlewoods cases that went to court. But from what I've read on other court cases my letter would be ok for the letter before the lba.

 

Thanks

Andrew

[hillards]

Needs something adding to make it more 'legal' - you've given them 14 days but no mention of what happens if they don't respond ?

 

Here's what I put in mine (extract):

"I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a money claim with the County Court at the expiry of the second deadline."

 

Please adapt this for yourself rather than copy word for word, the paralegals who initially deal with the claims notice familiar phrases and will not take the claim seriously if they see it's just copied. They look at these pages too

 

You've not included a copy of your calculations - a bit like saying to a stranger in the street 'you own me £1,000' - why? How did you reach that figure ?

 

You may not get the default entry removed just by asking. They've probably sold the account on to a DCA and they are responsible for the default. You can't really chase them until you get a settlement. If you get the entire debt wiped out then maybe then you can get the default removed.

 

I'd still suggest finding out what may be in store if the case does go to court. You need to be 110% prepared and know your stuff, no use reading up at the last minute. You need to get hold of any case law you are using and know it almost word for word as their side will and they'll try to trip you up.

 

Also, why print your name ? You are making a legal request, it needs to be signed. Again, avoid getting it chucked in the bin by doing it right.

[Ftgab19]

Hi hillards,

 

Thank you for your reply and advice. I will adapt your extract to suit my case, I'm going to attach the charge spreadsheet with updated interest with my letter when i send it. My credit file says the default is from shop direct. I still owe littlewoods £293 so it did get past to there in-house DCA (NDR).

 

I am trying to find cases on here that I could learn from, so I know what laws I'll need to use and what my defense will be. Could you give me any links or names of the laws so I can research them?

 

Also found out last night that littlewoods only got my letter on the 15/01/2015. I was checking royal mail for other letters and ended up putting the littlewoods ref and saw it was delivered. Just 10 days after I sent it! Guess royal mail had a backlog from Christmas around the 5th. So they haven't had 14days yet. So I'll need to wait a bit before I can send the next letter so more time to research what I need to know.

 

Thanks

Andrew

[hillards]

I am trying to find cases on here that I could learn from, so I know what laws I'll need to use and what my defense will be. Could you give me any links or names of the laws so I can research them?

 

This is a self help site, set up that way so potential claimants will know where they got their information from and how it is to be worded.

 

You have mentioned Sempra Metals v Inland Revenue Commissioners, Google is your friend http://en.wikipedia.org/wiki/Sempra_Metals_Ltd_v_IRC

 

You should also look at s32 (1) c Limitations Act 1980 as per Kleinwort Benson v Lincoln City Council - that's what stops the other side saying 'statute barred' if it's gone over 6 years.

 

If you're following other cases you would find that one, often. Not just Littlewoods, Shop Direct of whatever they are called today. Loads of other cases where charges are to be refunded (please).

 

I still owe littlewoods £293

Based on ? If they have slapped charges on over the years then that figure must be incorrect. They may try to claim part of your refund to pay this off, if it's still with them, in-house DCA or whatever, then they can do that. How much they can take depends on what/if you have a successful claim. Check the words 'setting off' in other threads.

[Ftgab19]

Hi hillards,

 

Thank you for your advice,

I have updated my letter to make it more legal and

added how i came to my sums of what they owe me.

 

 

I looked at the link you put and I have a question.

 

 

Is my defence just referring back to cases where the claimant won?

I'm sorry but I'm struggling to find out what I'm going to need to say or need to know if there is a hearing.

 

Also I'm not sure if it's still with the in-house DCA, I just get statements from Littlewoods saying no payment made.

 

Here is my new letter:

 

Dear Sir/Madam

 

Following media reports, and an investigation into charges by the Office of Fair Trading in 2006, which I have recently been made aware of,

I now understand, that the regime of fees which you have been applying/applied to my account in relation to late fees,

are unlawful at Common Law, Statute and Consumer regulations, in that they did not/do not, represent a genuine pre-estimate of your actual costs.

 

I would draw your attention to the terms of the contract which you agreed to at the time that this account was opened.

It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law,

and in consideration of fair business practices and good faith.

It is my contention that you have failed to operate my account in a manner conducive to the above,

and have demonstrated a lack of fiduciary duty.

 

I calculate that you have taken £408 in charges, in addition to which I also claim restitutionary interest of £495.55 which totals £903.55,

in accordance with the precedent set in the case of Sempra Metals v Inland Revenue Commissioners.

I will attach a schedule of charges to show my findings.

 

Additionally, you have entered a default notice against my credit record.

The default total included unlawful charges levied by you, or was the result of impecuniosity caused directly by the taking of your penalty charges

which you had applied to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register.

Please note that mere correction or amendment to the entry will not be acceptable.

 

Therefore I will give you 14 days to accept unconditionally, my request in principle.

 

 

I also require that I am informed of the date by which I will receive payment.

If you do not respond, or you do not respond favorably, within this time period,

 

 

I shall send you a letter before action giving you a further 14 days to reflect upon your decision.

 

 

I believe that these targets are more than sufficient for a large company such as yourselves with dedicated staff and departments.

 

If we have yet to reach a decision at this point, no further communication will be entered into

and I shall issue a money claim with the county court at the expiry of the second deadline.

 

I request that payment is made directly to me by cheque and that any refund in whole or part should not be allocated to any set off or third parties.

 

Yours Sincerely

 

Signed By ME

 

Name Printed

[hillards]

I looked at the link you put and I have a question.

 

 

Is my defence just referring back to cases where the claimant won?

I'm sorry but I'm struggling to find out what I'm going to need to say or need to know if there is a hearing.

 

Also I'm not sure if it's still with the in-house DCA, I just get statements from Littlewoods saying no payment made.

 

Where a case has previously been won that can be used to let the court know that a precedent exists. Sempra Metals v Inland Revenue Commissioner is a well used one that gives reasons why a higher rate of interest should be used, as the lender had use of the claimants money during the time preceding the court claim. They could have lent that out again, at the interest rate you had been charged, and made a tidy profit, but it's your money so you should have that interest as wel.

 

There are many other precedents around that are used in various court claims and these are usually accepted by the court and the defence. It is important to look at these in detail and be prepared to quote the relevant sections that apply to your own case, especially if the claim goes to mediation or a hearing. If you're unsure of your facts then the other side will take advantage of that weakness.

 

I have a current case where mediation was requested by both parties but the other side had failed to give any details of who the court should contact. By the time they got in touch it was 5 days after the deadline for mediation to have been an option. I was all ready, they were not. So the case had now been passed to my local court and a judge will look at it shortly. e will no doubt set a date in the future for a hearing to take place but will also ask why mediation has not taken place and can even order that this happens within xx days. It's things like this you need to be prepared for as you get little warning of when the telephone call will happen and you have to be 100% by then.

 

I can't tell you what to do other than to read and read and read more cases on CAG to help you understand what you are getting in to and what to expect. The facts are your ammo, you have to use those facts to shoot the other side down. Your defence has to be structured by way of what you've done to date and what you want to happen next. As long as you've told the other wise what you want, and followed procedure, you should be safe taking the court step. Quite simply, a claim is made, the other side look at your defence and particulars of claim, they have to decide if they are going to defend the case and go further, or back down a simply pay up to keep it out of court. Several have done just that, they don't need the hassle of court. No guarantee that would be the case through.

 

In your letter you have not quoted the case relating to the rules on a claim being statute barred, just the one about the interest rate. If you've not set out your claim then the other wise will refer back to your letter and say 'but he didn't say that then' and try to wriggle out. I've tried to give you the pointers you need to a) find the information and b) look at how other people have used that in their claims. You seem to have done that with the 'set off' part

 

You could try asking Littlewoods/SD where your account is at present. I've always done a SAR before starting a claim so I have all the data they hold and can see if they've passed it on to a DCA or not. With mine almost all have.

[Ftgab19]

Hi hillards,

 

Thanks for the advice, I'm starting to workout how court cases works now

 

I'm going to read all the successes on charges I can find. I'd love for you to tell me but that wouldn't be fair and that's not what this site is for.

 

I think the way court works is unfair thou, the law should be there to help everyone, not just the people in the know.

 

I've not said anything about the statute barred, because I'm only claiming back charges that go back to 2010. Do I still need in even if i'm not claiming back 6 years?

 

Also I have the SAR from them, But can't see anything about it being past over to a DCA. I will have another look thou.

 

Thanks

Andrew

[hillards]

Thanks for the advice, I'm starting to workout how court cases works now

It all helps, if you're the slightest bit unsure of something they'll pounce, so you have to gen up on it all

 

I'm going to read all the successes on charges I can find. I'd love for you to tell me but that wouldn't be fair and that's not what this site is for.

Lots of good reading, and I couldn't tell you about them all 'cos my memory is shot and I forget. I usually refer back to my notes for some of them.

 

I think the way court works is unfair thou, the law should be there to help everyone, not just the people in the know.

Agreed, but that's the system for you. High paid lawyers against Joe Public, That's why sites like this provide so much background material, to try and help others through the process.

 

I've not said anything about the statute barred, because I'm only claiming back charges that go back to 2010. Do I still need in even if i'm not claiming back 6 years?

No, I hadn't remembered how far back you had gone.

 

Also I have the SAR from them, But can't see anything about it being past over to a DCA. I will have another look thou.

If it's not in the SAR then, at the time the produced that, then take it they still held the account. You need to be after the original creditor anyway, a DCA will not accept any responsibility for the charges.

 

I'm only a site user, not on the site team, but will chip in now and again if I can help someone. Bear in mind the disclaimer in my sig too, I am not a lawyer...

[Ftgab19]

Hi everyone,

 

 

Sorry it's been awhile, have been ill over the past few days. Hillards, thank you for the answers, after doing further research into the PreLBA letter and LBA letter. I came to these two letters below.

 

PreLBA:

Shop direct limited

1st floor skyways house

Speke road

Speke

Liverpool

L70 1ab

 

Date: 00/02/2015

REQUEST FOR REPAYMENT OF CHARGES

 

Account number: 00000000

 

Dear Sir/Madam

I am writing to ask you to refund to me the charges which you have levied from my account over the last 4 years.

I now understand that the regime of fees which you have been applying to my account in relation to late fees are unlawful at Common Law and contrary to consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your charges really do reflect a genuine pre-estimate of your actual costs.

 

 

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

I would draw your attention to the terms of the contract which you agreed to at the time that this account was opened. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law, and in consideration of fair business practices and good faith. It is my contention that you have failed to operate my account in a manner conducive to the above, and have demonstrated a lack of fiduciary duty.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.

 

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

 

I calculate that you have taken £408 in charges, in addition to which I also claim restitutionary interest of £513.65 which totals £921.65, in accordance with the precedent set in the case of Sempra Metals v Inland Revenue Commissioners. I enclose a schedule of the charges which I am claiming with this letter. Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment. If you dispute that I am entitled to a refund of these charges, I request that you forward within the above mentioned time scale, a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

 

These are requested under CPR Pre-Action Protocol 4.6©, and failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect.

 

I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments. After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline. I request that payment is made directly to me by cheque and that any refund in whole or part should not be allocated to any set off or third parties.

 

 

Yours Sincerely

 

 

 

LETTER BEFORE ACTION

 

Account number: 00000000

 

 

Dear Sir/Madam

 

 

I am very disappointed that you have failed to respond to my letter of the 00/02/2015.

 

I now understand that the regime of fees which you have been applying to my account in relation to late fees are unfair under the Unfair Terms in Consumer Contracts Regulations 1999 and may be unlawful at Common Law.

 

I would draw your attention to the terms of the contract which you agreed to at the time that this account was opened. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law, and in consideration of fair business practices and good faith. It is my contention that you have failed to operate my account in a manner conducive to the above, and have demonstrated a lack of fiduciary duty.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.

 

I calculate that you have taken £408 in charges, in addition to which I also claim restitutionary interest of £513.65 which totals £921.65, in accordance with the precedent set in the case of Sempra Metals v Inland Revenue Commissioners. I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 00/02/2015

 

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

 

You are also reminded of my request that you forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

 

 

 

 

Yours Sincerely

 

 

N1

I’ll print 3 copies – one for myself, one for the court and one for the defendant. Same for schedule of Charges. If there’s anything wrong or anything I need to add please tell me.

 

In the - ***** county court

 

Claimant – **** of ******. Telephone – ******

 

Defendant – Shop Direct Limited, 1st floor skyways house, Speke road, Speke, Liverpool, L70 1ab

Brief Details of the Claim – Claim for the return of unlawfully imposed penalty charges and interest

 

Value – Charges £921.65 plus 8% interest

 

Defendants Name and Address – Shop Direct Limited, 1st floor skyways house, Speke road, Speke, Liverpool, L70 1ab

 

Particulars of Claim – 1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened around 14/08/2010 and closed on or around 15/05/2014

 

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £921.65 and any interest charged thereon;

 

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

d) The removal of the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I believe that the contents of these particulars of claim are true

 

Signed:

 

Date:

 

Statement of Truth - Signed by you.

 

 

Thanks

Andrew

[Ftgab19]

Also Littlewoods sent me a few letters too.

 

 

I'll upload them so you can see, there first letter says they contacted me about the claim on the 16/01/2015. I never got this letter.

 

 

On there second letter they have moved the debt on to Lowell. Should I still just send my PreLBA letter?

 

 

Thanks

Andrew

[hillards]

In the N1 you are claiming against "Shop Direct Limited", the same as in your letters, but the spreadsheet says "Shop Direct Home Shopping Limited" - make sure you claim against the correct company name or they can apply for a set-aside just for getting it wrong.

 

I've spotted in the N1/POC that you are claiming 8% interest - where does this come from as you've already used a figure of 38.96% in the spreadsheet. You cannot claim both 8% and the interest in restitution, at least I take it that's what the aim was. Your claim should be the £408 of charges, plus interest of £xxx.xx. This also negates (I think) 5c. You used the amount + interest values in your letters, be consistent

 

You stated the case of "Sempra Metals v Inland Revenue Commissioners" in the letters, but not in your POC. A judge needs to know why you are claiming interest at a rate other than 8%

 

5d may easily be ignored by the court, this is a money claim, they are not interested in other matters, even if related.

 

;-)

[hillards]

Also Littlewoods sent me a few letters too.

 

I'll upload them so you can see, there first letter says they contacted me about the claim on the 16/01/2015. I never got this letter.

 

On there second letter they have moved the debt on to Lowell. Should I still just send my PreLBA letter?

 

Thanks

Andrew

Ha ha ha - Lowell cock up again... Simple letter to them to point out that the account was in dispute at the time they claim to have been assigned this 'debt'. The first letter in that batch is from Shop Direct, the second one is Lowell's spoof letter to look like it came from SD, but was created by Lowell and would have been in the same envelope as their letter. Tell them to refer back to their client and that you will not enter into further correspondence. If they continue to pester then you'll sue them too, quote the Protection from Harassment Act 1997 if needs be (http://www.legislation.gov.uk/ukpga/1997/40/contents)

 

I'd also complain to SD that they've sold your alleged debt on when it is quite clear from their own correspondence that there was an outstanding dispute.

 

Yes, continue your action.

[Ftgab19]

Thanks for your quick reply hillards,

 

 

I've changed the name and interest in the spreadsheet. Here's my new N1

In the - ***** county court

 

Claimant – **** of ******. Telephone – ******

 

Defendant – Shop Direct Limited, 1st floor skyways house, Speke road, Speke, Liverpool, L70 1ab

Brief Details of the Claim – Claim for the return of unlawfully imposed penalty charges and interest

 

Value – Charges £408 plus interest of £514.48

 

Defendants Name and Address – Shop Direct Limited, 1st floor skyways house, Speke road, Speke, Liverpool, L70 1ab

 

Particulars of Claim – 1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened around 14/08/2010 and closed on or around 15/05/2014

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £408 plus interest of £514.48

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

d) The removal of the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

I believe that the contents of these particulars of claim are true

Signed:

Date:

 

Statement of Truth - Signed by you.

I'm not sure were to put the "Sempra Metals v Inland Revenue Commissioners" in the POC. Could you tell me where It needs to go please

 

Also I thought may as well try and get the default entry gone, would it affect the claim? should I take it out?

 

As for the letter to Lowell, could it be something like.

 

 

Reference No:

Shop Direct Reference No:

 

 

Dear Sir/madam

 

I would like to bring to your attention that, the account your trying to recover payment for is currently in dispute with Shop Direct and should not of been sold to you. Please refer back to your client for further instructions. I will not enter into any further correspondence.

 

Would that be ok for the letter to Lowell?

 

Also how should I complain to Shop Direct about the selling of debt? Should I add the complaint into my preLBA?

 

 

Thanks

Andrew