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

[hillards]

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

I'd suggest as part of 5a, just tag it on the end ", as per..."

 

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

Leave it in for the sake of making the point to SD, just making you aware the court would not do much with it.

 

As for the letter to Lowell,

Yes, Something quite simple like that, telling them they are not to take the matter any further due to the account being in dispute.

 

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

I'd treat it as a separate matter altogether, so as not to confuse them. Another simple letter on the lines of "I am dismayed to have received correspondence from Lowell debt collection suggesting that my account has been passed to them when it is quite clear from our ongoing correspondence that there is an unresolved dispute relating to my former account with you. I consider it your responsibility to withdraw such action, I am aware that the FSO condone the sale of disputed accounts and will take it up with them if you do not resolve this problem promptly."

 

Great fun isn't it

[Ftgab19]

It is great fun

 

 

Ok here's my updated 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 as in accordance with the precedent set in the case of Sempra Metals v Inland Revenue Commissioners

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 will leave it on and see what happens. Here is my letter to Lowell:

 

 

Reference No: 0000000000

Shop Direct Reference No: 00000000

Dear Sir/madam

I would like to bring to your attention, that the account you’re trying to recover payment from is currently in dispute with Shop Direct. Therefore I request that the matter isn’t taken any further due to the account being in dispute.

Please refer back to your client for further instructions. I will not enter into any further correspondence with yourselves.

Yours Sincerely

 

Andrew

My other letter to littlewoods:

Account number: 00000000

 

Dear Sir/Madam,

 

I am dismayed to have received correspondence from Lowell debt collection suggesting that my account has been passed to them when it is quite clear from our ongoing correspondence that there is an unresolved dispute relating to my former account with you.

I consider it your responsibility to withdraw such action, I am aware that the FSO condone the sale of disputed accounts and will take it up with them if you do not resolve this problem promptly.

Yours Sincerely

 

Andrew

Please let me know if anything is wrong with the letters. I'll be sending littlewoods the PreLBA and the complaint letter tomorrow. I'll also get Lowell letter off too.

Thanks

Andrew

[hillards]

I'd tell Lowell it's been in dispute for some time, rather than 'currently'.

 

I don't know if anyone else will comment on the documentation but it seems reasonable to me

[zydeco]

I am aware that the FSO condone the sale of disputed accounts and will take it up with them if you do not resolve this problem promptly."

 

Great fun isn't it

 

should be "do not condone" and yes it is fun

[hillards]

should be "do not condone" and yes it is fun

 

Good spot Shows we're not all prefect...

[Ftgab19]

lol no one is perfect,

 

I've updated the letters and will be sending them off first class recorded. I'll keep here updated.

 

Thanks

Andrew

[Ftgab19]

Hi all,

 

Sent out the letters today, the claim 1st class recorded and second class for the debt complaint to littlewoods and lowell

 

Do i give them 14 days plus 2 days for post before the LBA letter or 14 days after the letter is signed for?

 

Thanks

Andrew

[Ftgab19]

Can anyone tell me when the 14 day time starts? i don't want to f this claim up sending the LBA early.

 

Thank you

Andrew

[hillards]

It's usually 14 days from when you posted, plus 2 to allow for delivery. These companies should use 14 days from the day of receipt but tend to ignore deadlines and reply when they feel like it, 'within 8 weeks' or whatever.

[Ftgab19]

Right ok thank you for letting me know,

 

So 14 days plus 2 after the 20/02/2015 would be the 08/03/2015, or is it 14 working days I need to count?

 

Thanks

Andrew

[hillards]

Right ok thank you for letting me know,

 

So 14 days plus 2 after the 20/02/2015 would be the 08/03/2015, or is it 14 working days I need to count?

 

Thanks

Andrew

 

I've never been 100% sure but always took it, because it benefited me, to be 14 calendar days - 14 working days seems a strange (but not odd ) number.

[Ftgab19]

Thanks Hillards,

 

I got a letter today from Lowell today, I'll upload the letter but it seems they have not mentioned anything about the letter I sent them.

 

My letter was signed for on the 23/02/2015, the same date of the letter they sent me today. But all they have talked about is setting up a repayment plan. I said in my last letter I won't be sending anymore. So should I just wait for Shop Direct to sort it out?

 

Thanks

Andrew

[hillards]

Standard Lowell letter, computer generated. You've written to them, they've not yet done anything on their system to stop the auto-generation of dross. Ignore... ;-)

 

If you don't hear back from Lowell with a proper response to your letter within a reasonable time period it may be worthwhile sending a second letter, refer to the first, point out their ignorance, remind them that the matter is in dispute with the original creditor and that they are annoying you with their automated letters...

 

Keep copies of your letters, and a record of when you've sent them. If Lowell get stroppy let us know here. Despite what they say, don't phone them...

[Ftgab19]

Hi Hillards,

 

Had a feeling it was a standard letter. I'll wait for a response to my letter before doing anything. No need to worry, I've been doing that since I made my account

 

And I have no intention of caving to there demands to call them

 

Thanks

Andrew

[Ftgab19]

Hi all again,

 

Had another letter of Lowell today, they thank me for my recent letter and asked for further details on my dispute. I will upload there letter, should I send them a copy of my preLBA letter or do I not need to send them anything at all?

 

Thanks

Andrew

[hillards]

Apart from leaving your name on it...

 

You've told them, the dispute is with the OC, they don't need to know anything. You've done enough, they are aware. If they start getting silly then you have a big bat to hit them with now

 

It is none of their business what the dispute is, tell 'em nowt

[Ftgab19]

Thank you for pointing that out! NOT GOOD lol,

 

I've fixed it now so I shouldn't send them anything or just not tell them about the dispute.

 

Thanks

Andrew

[Old Cogger]

do their job for them????

[Ftgab19]

Thanks for everyone's replies,

 

I will not send Lowell anything until they send something I need to reply to. I got a letter from Littlewoods today, saying there not giving me anything. They say there referring to a letter sent on the 06/02/2015, I did not get this letter. I'll upload there letter so people can see.

 

Do I send my LBA now or wait until the 8th when the 14 day time is up?

 

Thanks

Andrew

[hillards]

I'd stick to the timetable, but refer to their final offer letter and offer them a final chance to consider their options.

 

They'll probably not even reply. Let the days roll by after the LBA and then start the court claim. Be careful not to add anything that they could use against you though. As long as you're sure of the interest rate you are claiming then add it as interest in restitution, otherrwise your claim would be for the total amount of charges and let the court add the interest, which would then be 8% if the claim succeeds.

 

About Lowell. As SD have now sent a final response your dispute with them has been dismissed and Lowell could start getting stroppy. I'd ignore them myself and concentrate on the court claim. IF they send further letters that say they WILL take you to court, and somehow I doubt it for the amount claimed, you could just ask if they want to be included in your court action

 

Still a long way to go to getting your money back.

[Ftgab19]

Okay thanks Hillards,

 

Well I'm sure it's the right interest because there was nothing else on the statements from the SAR that indicated interest rate. After converting the rate into compound interest I came to the number I'm claiming for.

 

And I'd happily let them join if they get stroppy

 

I received a letter today from Littlewoods giving me a copy of my credit agreement. Funny I never remember seeing or agreeing to one. Guess I must of agreed to something when signing up, but I never got anything in the post, I'll upload the credit agreement so you can see it.

 

Thanks

Andrew

[hillards]

That credit agreement is signed ? The side that agrees to the CCA stuff is printed, with a tickbox. I'm not sure of the legality of that.

 

Not that it bears relevance to your claim. You are saying that their charges were unfair and therefore you require that they pay them back, with interest. Unless they are prepared to go to court and show just how much it cost them per transaction to administer your account they will eventually try to settle. It just takes some patience and grit. Stick with the plan and it should work out eventually.

[Ftgab19]

I thought about it not being signed when I opened the letter. Maybe say since I didn't agree then no charges should of been applied. But it's the hole you got the goods and all that, so don't no were that would go.

 

I'm gonna stick to the plan and hope littlewoods don't play to nasty.

 

Andrew

[Ftgab19]

Would this be ok for my LBA Letter?

 

Letter:

 

Dear Sir/Madam

 

I am in receipt of your letter dated 02/03/2015 concerning the above account.I am very disappointed that you have failed to comply with my request in the dated 20/02/2015.

 

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 £514.48 which totals £922.48, 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 20/02/2015.

 

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.

 

Yours Sincerely

 

Signed

 

My Name Printed

 

Thanks

Andrew

[hillards]

Far too much for a LBA. You've already said everything in the previous letter, no need to repeat it all. Just refer back to it and point out that they were given the opportunity to deal with this without going to court.

 

All it needs is:

 

Dear Sir/Madam

 

Letter before Action

 

I am very disappointed that you have failed to give a satisfactory response to my request dated 20/02/2015.

 

I will allow a further 14 days for you to reconsider then I shall begin a claim against you in the courts without further notice.

 

Yours Sincerely

 

Signed

 

Don't miss out the words Letter Before Action, that's important. Include any reference numbers too, give them all the help they need to identify you so they can't dismiss it as 'account not found'.