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

[Nongki]

Just been directed to this forum as the result of receiving a claim form from Adidas via small claims court, looks like I am 1 of many

Unfortunately me being directed here may well be too late as I have already filed a defence, which seems to go against advice given

Any assistance would be massively appreciated

[AndyOrch]

Welcome to the forum.

 

If you would read the following link and then complete and copy paste your responses back here so we have all the details of the claim. Some of the Q,s wont be applicable to your type of claim but just complete as N/A.

 

Also, a copy of your defence submitted would be helpful.

 

Andy

 

 

 

.

[Nongki]

Which Court have you received the claim from ? 

County Court Business Centre, Northampton

Name of the Claimant ? Adidas

Date of issue –  24th January 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.

3. Whilst the claimant processed a refund to the defendant in the sum of £966.02, it discovered that the goods were never received back.

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

5. It then demanded repayment of the said sum on 28/04/2023.

6. The defendant has failed to repay all or part of that sum.

7. In the premises, the claimant is entitled to repayment of the said sum

and, further claims interest pursuant to s.69 of the county courts act 1984 at the rate of 8% from the date the claimant demanded payment totalling £109.87 and continuing at a daily rate of £0.34

AND the claimant claims against the defendant.

1  The sum of £966.02

2  Damages in the alternative

3  Interest as foresaid

4  Costs

 

What is the total value of the claim? £ 1235.89
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? 2 letters and an email
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? no
 

Did you inform the claimant of your change of address? n/a

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? no
 

When did you enter into the original agreement before or after April 2007 ? after
 

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

Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a
 

Did you receive a Default Notice from the original creditor? n/a
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? n/a
 

Why did you cease payments? n/a
 

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

Was there a dispute with the original creditor that remains unresolved? n/a
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? n/a

 

Defence

Firstly, I wish to state that I have received no correspondence whatsoever on this matter and I am deeply shocked and stressed to receive a court document in this way.

I have never been requested to repay any amount to Adidas, if I had done so I would have provided them with the information below which they can check on their own account.

On discussion with my bank and checking all my bank and card statements I have not received any such refund as described from Adidas.

On contacting Adidas for my membership details they sent me evidence of the following transactions on my account:

30th July 2021 I placed an order AUKxxxxx to the value of £441.80 for 11 items.

6 items were returned using Royal Mail label provided by Adidas with tracking DAxxxxx. 

5th August 2021 I received a refund of £190.70 on receipt of returned goods 

3 items were later returned using Royal Mail label provided by Adidas with Tracking DAxxxxx. 25th August 2021 I received a refund of £202.10 on receipt of returned goods

20th September 2021 I placed an order AUxxxxx to the value of £371.12 for 9 items, 7 items were returned using Royal Mail label provided by Adidas with tracking DAxxxxx. 24th September 2021 I received a refund of £335.37 on receipt of
returned goods

In summary, I placed 2 orders to the value of £812.92

Returned items on 3 occasions using Royal Mail labels provided by Adidas with tracking numbers above.

I received refunds on receipt of goods to the value of £728.17.

Therefore the information that is contained in this application is incorrect and I respectfully request copies of all details
submitted to the Court by the Solicitor in this claim and that this claim be rejected

[dx100uk]

That's not how a defence goes sadly.

 

That's more like a witness statement better for that later 

 

Dx

[Nongki]

Like i said in OP, came here probably too late but looking for any help in putting it right going foward, or advice on what to do next

[dx100uk]

Not at all.... if 24th is the date top right on the Claimform you have 33 days as long as you have done AOS...

 

You've weeks to file a correct and CPR compliant defence we'll help as you are now not alone. 

[Nongki]

Not all bad news then

I have left my papers at work so will jump on here tomorrow but not done AOS, literally only uploaded that defence

Do I need to withdraw that ?

[dx100uk]

Oops you say you uploaded that to mcol?

 

Dx

[Nongki]

Yep

 

Take it I am xxxxed 

[dx100uk]

surprised that fitted.

 

can you just pop up on mcol and show us the status of the claim page there please

omit the claim number 

[Nongki]

Status Summary

 

Please read this page carefully. From here you can decide what action you wish to take next.

If you do nothing, judgment may be entered against you.

Claim Summary

Claimant

Adidas (uk) Limited

Claim Number

K

Defendant

Mr 

Amount Claimed

£1,075.89

Court Fee

£80.00

Solicitor Costs

£80.00

 

 

Total Amount

£1,235.89

Issue Date

24/01/2023

Claim History

A claim was issued against you on 24/01/2023

Your defence was submitted on 31/01/2023 at 09:37:32

Your defence was received on 31/01/2023 at 12:05:35

 

Recent Transactions

Available options

You have submitted a Defence or Part Admission. You can view, print and save your Defence or Part Admission.

Acknowledgment of Service

[AndyOrch]

I wouldn't worry too much about your defence not conforming to our standard defence your claim is different to say a credit card or loan type of claim there really isn't a right or wrong response...you have put them to strict proof to disclose otherwise, you have proof of what was credited what was returned.

 

It's now for the claimant to prove otherwise and will be very difficult that goods were not returned more of a case of not received which will involve third parties which is not your problem.

 

Await allocation now if they wish to proceed and if so, we can sharpen your defence into an effective witness statement.

 

Andy.

 

 

.

 

 

[Nongki]

Thank you

Received a letter today from court just saying they had received my defence etc

[AndyOrch]

Fine so now you are waiting for the claim to move to allocation to your local county court and will receive notice by way of the N149 a and submit a directions questionnaire...comeback when you get this form.

[Nongki]

Brilliant, thank you

[Nongki]

Is there a timescale for receiving N149 ?

[dx100uk]

DQ N180 will be mentioned on claim status when/if the court send them out.

if the claimant wants to move it forward

 

dx

 

 

[AndyOrch]

24 minutes ago, Nongki said:

Is there a timescale for receiving N149 ?

 

Depends if/when the claimant informs the court they wish to proceed.

[Nongki]

Do they have a time limit ?

Similar to the defendant having a limit to reply to original claim

Edited March 7, 2023 by dx100uk
unnecessary previous post quote

[AndyOrch]

Yes the claimant has 33 days in total to consider a defence and decide if they wish to move to allocation (submitting DQ,s)

[Nongki]

Brilliant, Thank you

Sorry for the questions, but, would there be a note on mcol if they had decided not to proceed ?

My defence was submitted 31st January so anything to look out for on mcol in next week or so ?

[AndyOrch]

No .....the last entry in the status would be Defence filed.

 

If they wish to proceed the last entry would be DQ sent to Claimant/Defendant date xxxxx

 

 

 

.

[Nongki]

Hi again

Just a question about when the 33 days would be taken from ?

Filed defence on 31st January so 33 days would have been 5th March

Received letter from court acknowledging defence on 3rd Feb, presuming Adidas got at same time 33 days would be tomorrow

Letter actually said they had 28 days which would have been 3rd March

 

Cheers

Edited March 7, 2023 by Nongki

[AndyOrch]

Its 28 + 5 for service (33) same as for you to submit your defence. You submitted your defence early.

 

Date of issue –  24th January 2023 

Defence due =  25th Feb (Sat) 33 days + 33  = Wed 29th Mar

[Nongki]

so regardless of when I submitted my defence it would not be served to the claimant until those 33 days were up ?

Edited March 7, 2023 by Nongki