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HP Mum v Creation (Store Card) reclaim late fees HELP

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


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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?

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

 

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


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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?

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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??!!

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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.


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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 ???

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


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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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?

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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:-)


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


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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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...


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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?

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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.

 

:-)


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


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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 !!

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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


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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?

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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


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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...

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Ok C's Defence:

 

 

1. They agree they entered into a credit agreement with me

 

 

2. they twist my claim in Summary 5 - "It is acknowledged in 5 of the POC the Claimant admits that she failed to make minimum payments to the account on due dates &/or exceeded the credit limit &/or payments were returned by bank as unpaid. Thus the Claimant admits being in breach of the t&cs of the Agreement."

 

 

3. as a result of "Claimants failure to make payments on time /or stay within the credit limit of the Account, default charges were imposed against the Account in accordance with the contractual provisions of Agreement"

 

 

4. C "denies charges wrongly applied as alleged. The charges were applied in accordance with the terms of Agreement. 6 & 7 are denied and Claimant put to strict proof thereof" (In my POC 6 = default charges applied in accordance with the standard terms of Agreement - a) a penalty payable on breach of contract and thus enforceable b) an unfair term under the Unfair Terms in Consumer Contracts Regulations 1999 and therefore not binding) & 7 = The claimant is accordingly entitled to repayment of the sums wrongly added to the account)

 

 

5. the "references in POC to Defendant being a Bank is incorrect"

 

 

6. C "denies being in breach of the Regulations as alleged &/or the charges were a penalty for breach of contract 7/or exceeded the costs which the Defendant could have expected to incur in dealing with the late payments, returned payments &/or credit limit being exceeded &/or were disproportionate".

 

 

7. C "denies 12-16 of my claim in its entirety and I am put to strict proof thereof"

(Under my POC heading The Regulations 12. At all material times the terms of the Agreement providing for the Charges were unfair within regulation 5 of the Regulations in that contrary to the requirement of good faith they caused a significant imbalance in the parties' rights and obligations to the detriment of the Claimant.

13. Without prejudice to the burden of proof, the Claimant will refer to the following matters in support of the contention that the terms are to be assessed as unfair as at the time of the conclusion of the Agreement, and of each revision to the Standard Terms.

(1) The terms relating to Charges were standard terms; they would not be individually negotiated.

(2) The Charges were a penalty for breach of contract.

(3) The Charges exceeded the costs which the Bank could have expected to incur in dealing with the exceeding of the credit limit, late payment or returned payment.

(4) Accordingly the Charges were a disproportionate charge incurred by the Claimant for their failure to meet their contractual obligation and thus within the ambit of Schedule 2 (1) (e) of the Regulations and indicative of an unfair term.

(5) As the Bank knew, the Charges were of subsidiary importance to the customer in the context of the Agreement as a whole and would not influence the making of the Agreement.

(6) As the Defendant knew, the Claimant had no means of assessing the fairness of the Charges.

(7) In the premises, the effect of the Charges would be prejudicial to the customer who incurred them, and cause an imbalance in the relations of the parties to the Agreement by subordinating the customer’s interests to those of the Defendant in a way which was inequitable.

14. Without prejudice to the burden of proof, the Claimant will contend that the terms imposing the Charges are not core terms under regulation 6 of the Regulations and rely on the following matters:

(1) The assessment of fairness does not relate to terms which define the main or core subject matter of the Agreement.

(2) The assessment of fairness does not relate to the adequacy of the price or remuneration as against the goods or services supplied in exchange (in other words, whether or not the relevant services were value for money).

(3) The Charges are correctly described as default charges by the Defendant in the key information provided to new customers.

15. By reason of the said matters the terms were not binding under regulation 8 of the Regulations.

16. The Defendant wrongly applied Charges to the Account totalling some £xx between x and x.

8. C "denies that it wrongly &/or inappropriately applied charges to the Account and asserts that in any event some of the sums claimed are statute barred, specifically those incurred before Jan 2010. The Claimant is not entitled to rely on he provisions of s.32(1) © of the Limitations Act 80, as she has produced no evidence of discovery of a mistake which would result in the delayed commencement of the limitation period. The case of KB v Leics is irrelevant."

 

 

9. C suggests that I have incorrectly added a charge - "the charge detailed in Sch.1 of POC as being incurred on xx date is incorrectly stated as £x when in fact the charges on that date was £y.

(I have a default notice statement from C which confirms my claim - the late fee of £x has been added to the Agreement.... the total amount of all default sums due under the Agreement and this notice is £x (same as my claim figure)

 

 

10. C "denies it has been enriched, unjustly or otherwise as alleged &/or that the interest in the sum of £x claimed in restitution is due to Claimant who has failed to demonstrate why Sempra Metals v IR should apply.

 

 

11. C "puts Claimant to strict proof in respect of each and every aspect of the claim"

 

12. C "denies it is liable to pay interest by way of alleged restitution or that interest should be payable under S69 of CCA 84"

 

 

13. C makes a mistake here!!! They write "Defendant denies it is liable to remove any or all adverse credit data relating to the Defendant's non-payment of her contractual payments". Obv. they meant to write Claimant!!!

 

 

 

 

SO - what am I supposed to do now?

I have no idea what my next step has to be and when to take it !!!

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Thanks.

Just to be sure - do I simply write a letter to the court I wish to proceed?

 

 

Then moving forward - I have read about people preparing bundles for the courts. What does that mean? What should I start to prepare?

Answers to every point in their defence?

How do I assert my ability to claim back before 6y ago? Do I have lots of reading up to do now ??!!

And how do I prove relevance of Sempra?

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