Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.

[Maus]

Hi

 

i had a few letters early last year regarding a return I made to adidas which I received a refund and they claim a year later they hadn’t actually received it despite email confirmation saying they had and I received a refund.  

 

There have been numerous threads on this.

 

These were returned to adidas around September 2021 and then I started to get a few letters towards the end of 2022 which I ignored as directed.

 

today,

I have received this letter.

 

It appears as though they’re trying to issue a CCJ against me and have sent me a moneyclaim letter from

northampton courts 

 

im really worried, what do I do?

We’re just about to have a baby and a CCJ would ruin us

[dx100uk]

it wont be from DWF if it IS a real court claim - those can only come from Northants Bulk Court - an N1 claimform pack - it will come in a large windowed brown envelope.

 

if it doesnt look like the attachment..

 

then what is it please?

 

 

claimform.pdf

[Maus]

Hi

 

yes it’s the same format as that, it’s an N1 claim letter

 

[dx100uk]

ok sorry.

 

i expect the claimant is adidas?

 

please complete this:

 

dx

 

 

 

 

[Maus]

Hi 

 

yes the claimant is adidas

 

thank you for that link but the letters it suggests you send all relate to consumer debt such as bills, current accounts etc whereas I believe this is a civil recovery ‘debt’.

 

any suggestions ? They’re wanting a massive £4k + 8% interest. I’m close to crying 

[dx100uk]

just fill out the questionnaire Q&A back here 

 

we'll deal with the differing bits later . that's a general template not specific.

 

CPR is still relevant mind

 

dx

[dx100uk]

don't forget anyone can download and sent 'a claimform' its a free download.

 

if it's not come directly from northants bulk court ( details will be on the envelope it came in etc) as i described above then it's fake.

 

we've seen this before and with statutory demands.

 

let us know 

please 

 

[Maus]

Great thank you

 

Which Court have you received the claim from ? Northampton N1

 

Name of the Claimant ? Adidas (paperwork to be sent to DWF)

 

Date of issue – . 24/01/2023

 

Particulars of Claim

 

What is the claim for –

 

 1. the claimant sold and delivered goods to the defendant.

 

2. The defendant subsequently invoked the claimants returns and withdrawal policy. Whilst the claimant processed a refund to the defendant in the sum of £3,996.17, it discovered the goods were never received back.

 

3.The claimant had therefore made the payment to the defendant as a result of a mistake.

 

4. It then demanded the sun on 24/07/2022z the defendant has failed to pay all or part of that sum.

 

i.the claimant is entitled to repayment of said sum and further claims Interest pursuant of s.69 of the county courts act 1984 at the rate of 8% from the date the claimant demanded payment totalling £612.28 and continue using at a daily rate of £1.04.

 

 

AND the claimant claims against the defendant 

1) the sum of 3996.17

2) damages in the alternative 

3) interest as aforesaid

4) costs

 

What is the total value of the claim? 4768.45
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Threatening letters from DWF demanding payment and saying coeval action MAY commence if not paid 
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes
 

Did you inform the claimant of your change of address? No

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Civil recovery
 

When did you enter into the original agreement before or after April 2007 ? Original date of my order was October 2021
 

Do you recall how you entered into the agreement...On line /In branch/By post ? Ordered online
 

Is the debt showing on your credit reference files (Experian/Equifax/Etc...) ? No
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original creditor is adidas but paperwork to be sent to DWF so I assume the debt has been assigned to them 
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No
 

Did you receive a Default Notice from the original creditor? No
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No (don’t think it’s applicable in this case)
 

Why did you cease payments? No payment made
 

What was the date of your last payment? N/a
 

Was there a dispute with the original creditor that remains unresolved? No contact from the original creditor, DWF popped up out of nowhere. Provided evidence of me returning the items to them such as tracking and confirmation  from adidas about receiving the items but they claim it was automatically generated and goods not received 
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No, was advised to ignore DWF letters 

[dx100uk]

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

Do Not sign anything
.do not ever use or give an email
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

follow our guide

ignore the paperwork goes to DWF bar the CRP request detailed above.

 

DWF are purely solicitors, who cannot by debt , the claimant is adidas.

 

 

[Maus]

Thanks DX.

 

Just double checking, does the CPR 31.14 apply in this case as it's not really a consumer debt, it's more of a civil recovery attempt.? Once ive sent off the CPR, do I wait for a response or do I file a defence on the website on the very last day that I'm allowed to respond?

 

 

[dx100uk]

As I said follow our guide and read it carefully.... Esp the alternative CPR listed and the bottom lines of the guide.

 

Dx

[Maus]

Thanks DX. When I finally file my defence with my evidence, if the solicitors have not sent any paperwork regarding the CPR to me should I mention this to add weight to my defence?

[AndyOrch]

CPR 31 (14) applies to all court claims and has no connection to consumer debt. CPR (Civil Procedure Rules) controls how court claims are conducted.

 

Quote

When I finally file my defence with my evidence

 

You don't file a defence with evidence.....I would advise you read a few threads here to understand the process.

 

Andy

[Maus]

Thanks Andy, appreciate the guidance

[dx100uk]

dont miss your defence filing date no matter what.

2nd member had their claimform today

 

dx

 

 

[Maus]

  

On 11/11/2023 at 14:46, Nongki said:

They are supposed to supply you with any documents they intend to rely upon in court, no later than 14 days before the court date

 

Funny you should say this,

I know of a case where DWF didn’t provide the documents they intended to rely on in court within the 14 day deadline but the defendant did.

A few days after this, DWF applied for extra time as they were working on agreement with Royal Mail which resulted in a longer time.

I suspect DWF are using this as a tactic to see what evidence you have and then countering against it.

The judge allowed this extra time coincidentally.

It stinks.

[Calmcoolcollected21]

What happened with your case in the end? Did they take you to court? Did you go? 

[Maus]

They are taking people to court yes but their evidence is circumstantial at best. Lots of ‘this may have happened’ ‘this probably happened’ but no solid evidence as such 

[Calmcoolcollected21]

So yours didnt go to court? Even after the MoneyClaim you got

[Maus]

The issue is, a friend sent their evidence/exhibits pretty late on. DWF didn’t send any. After the deadline had lapsed, they had then requested an extension which was granted and used the defendants exhibits in their own case/argument. The fact that the court allowed this is crazy but that’s a story for another day.

everyone, keep fighting. They are in the wrong

[dx100uk]

open

dx