Creation Store Card reclaim late fees

[HP Mum]

I have not heard anything from Creation.

Just 1 day to go....

 

 

If I don't hear back, can I immediately - on the day they should have written to me - post the bottom of the Issue of Claim letter asking for Judgment?

[AndyOrch]

After 19 days from issue.... yes.

[HP Mum]

Because of Christmas / NY - the Courts did not issue the claim until later than I expected.

However the due date is almost up.

I will have that letter to post on standby....

[AndyOrch]

Think you can request it on line through MCOL....did they acknowledge service but failed to submit a defence?

[HP Mum]

I posted my claim to Salford; didn't do it online. C have not replied at all. They never replied to any letters, just sent default letters and dca threats. The court advised the date of service and the date they should reply and that is almost up. Nothing yet.

I will check on-line - if poss - to see the status... I guess I just input the claim number, yes?

[AndyOrch]

Not if you issued it manually through Salford.......just submit the n225

 

http://justclaim.co.uk/court-forms/N225-request-for-judgement.html

[HP Mum]

I don't seem to be able to see the claim on the mcol website. I guess because I posted rather than served online?

 

Sorry didn't see your post andy !!

 

The Notice of Issue had a dotted line and Request for Judgment - so I guess I fill in and send back to the courts (and keep a photocopy). Hoping they fail to reply in time ;-)

 

Going forward - if they do surprise me with a defence, would a hearing have to be in their local court? Or can I ask to have hearing in my local court?

[AndyOrch]

No at yours as you are the Litigant Claimant.

[HP Mum]

I hope I have done this right? C failed to respond by the due date the court set. No acknowledgement and no defence. Nothing.

So I simply cut on the dotted line on the Issue sheet.

I worked out the 8% stat interest from date of claim to now (using the 8% stat spreadsheet), added that % on to the total, plus the court fee and cme to a grand total. Then I ran to the post office and returned the Judgment claim to Salford (have receipt).

 

 

How long does it take for the court to issue Judgment against a company?

 

 

Are they likely to now write to the court and try to get Judgment set aside - with an excuse that they were too busy or the post messed up their timing?

 

 

Not sure what to think??!!

[AndyOrch]

All correct......cant give you a turn around time......any successful default judgment or normal judgments are always open to the defendant to set a side...its whether they have sufficient grounds to make that application.

[HP Mum]

Thanks.

I'm a little bemused that C would not bother to reply. Is this pretty normal behaviour for such a large company as C ???

[Bazooka Boo]

Very usual behaviour, they seem to think they can act with impunity as most people simply give up.

[HP Mum]

I haven't given up.

 

 

I am just not sure how the next days/weeks will pan out once they realise I have made it a formal claim?

[AndyOrch]

I haven't given up.

 

 

I am just not sure how the next days/weeks will pan out once they realise I have made it a formal claim?

 

Formal Judgment:-)

[Bazooka Boo]

Wouldn't worry about it, let them dig their own grave if they wish to carry on ignoring you.

[mikeymack2002]

Thanks.

I'm a little bemused that C would not bother to reply. Is this pretty normal behaviour for such a large company as C ???

 

 

With this company yes. Keep at it and let us know how things go and how you resolved this please...

[HP Mum]

Yikes

C filed a defence straight to the court.

I have been notified by Salford that Acknowledgement of Service has been filed.

The post must be really slow as that was already 10 days ago.

Which gives C not long now to file a defence.

I'm not sure if they have 28 days from my Claim? (maybe 1w left) Or 28 days from their acknowledgment?

 

So what do I now need to do in the meantime?

And how are they likely to defend?

 

 

What happens next?

 

ps - in the meantime Cs dca is still sending me letters. Just received a monthly instalment offer.

I didn't think they could send out such letters whilst an account is in dispute?

[slick132]

Hi Mum,

 

You should assume they'll defend the claim. They have 14 days from the date of service to acknowledge, then a further 14 days to file their defence.

 

Focus on the court claim for now, not the current demands.

 

[mikeymack2002]

Just keep the letters from the DCA you can use them later on ok...

[HP Mum]

Ok Slick.

So assuming c preps a full defence over the next week - What should I be doing?

Should I be preparing any docs?

As and when they file a defence - does the court send me their defence or does C send me their defence?

And then what am I supposed to do?

Getting a bit nervous now !!

[AndyOrch]

Ok Slick.

So assuming c preps a full defence over the next week - What should I be doing? Nothing till its served on you.

Should I be preparing any docs? See above

As and when they file a defence - does the court send me their defence or does C send me their defence? Court

And then what am I supposed to do? Decide if you wish to proceed and allocate the claim

Getting a bit nervous now !!

 

Andy

[HP Mum]

Thanks Andy

Assuming defence filed and I wish to proceed - what does allocate the claim mean?

 

Does it mean it gets sent to my local court?

 

And is there still time for C & me to discuss acceptable settlement terms ?

(this is actually the first response I have had from C in more than 6 months of letter writing

...so maybe they will wish to settle before court hearing, yes/no?)

 

How long does it normally take from whatever allocating the claim means?

[AndyOrch]

Thanks Andy

Assuming defence filed and I wish to proceed - what does allocate the claim mean? You inform the court you wish to proceed and they will issue Directions Questionnaire which transfers it to your local County Court...you can respond to the defence if you wish...but do not have to.

 

Does it mean it gets sent to my local court? Yes see above

And is there still time for C & me to discuss acceptable settlement terms ? Yes the DQ will ask if you are prepared to mediate

(this is actually the first response I have had from C in more than 6 months of letter writing

...so maybe they will wish to settle before court hearing, yes/no?) See what happens and if they opt for mediation

 

How long does it normally take from whatever allocating the claim means?

2/3 weeks after submitting the DQ

 

Regards

[HP Mum]

I am in receipt of C's defence.

I will post up later.

But they have refuted all my arguments.

They also don't accept claim beyond 6y - say they are statute barred and I have given no evidence of only just realising I can claim back further and state that Kleinwort v Benson is irrelevant.

They say I have failed to demonstrate why Sempra v inland Rev should be relevant

They say they are not liable for restitution interest

They wont remove any adverse credit

they say I am wrong to call them a "bank"

they say I should be put to strict proof in respect of every aspect of my claim

They say it is my fault I incurred charges if I paid late

 

 

Is this a normal response to such a claim?

But nervous now...

[AndyOrch]

Pretty much...