b8byd v Kays *** WON ***

[b8byd]

Sent S-A-R on 28 June.

 

Received statements on 17 July.

 

Sent prelim on 20 July: total amount of claim £106.

 

Have prepared LBA to go on Monday.

 

Watch this space....

[harrythehawk]

Be prepared to go all the way here, just settled with Shop Direct before I filed my AQ .... cheque should be here today !! ..... and yes it was a small amount not much more than yours !!

[b8byd]

I've got a few around this amount - I just thought, every little helps! And why should they keep it when it really belongs to me?

 

Congrats on the settlement of yours

b8byd

[LS123]

I sent my SAR on the 28th June and am still waiting - called to chase it today so will start my claim shortly...

 

Good luck with yours

[harrythehawk]

Still no cheque btw !! ... I did file my AQ on Wednesday just in case they didn't do what they promised ...... you can tell I have been here before can't you !! never trust anybody unless it is in writing and done !!

[b8byd]

They are so crafty aren't they - false promises in the hope that you will take their word for it so they can stall for more time. I just don't see the point!

 

Good luck

[b8byd]

hey harrythehawk.... how did you get on with Kays? Did they pay out in the end? I am thinking of submitting my claim form now.

[harrythehawk]

Yes they did, went right to the wire, as with most advice on here I just carried on until I got the cash, anything else they tell you is likely to be a lie to get you to give up, follow it through as far as you have to (even to court), don't be scared and you will win.

[b8byd]

Excellent news, well done. I drafted my claim form and particulars of claim online, and then realised when it came to the payment section that my debit card is not accepted!! Once i've got over that slight blip, I'll submit my claim.

[harrythehawk]

yes that is a pain, I have maestro and had to borrow my dad's visa, don't forget to include the court fee in the claim !

[steven4064]

Hi b8byd

 

Advice now is not to submit on line for various reasons

 

1) all MCOL claims are being stayed automatically because of the test case (even those it doesn't apply to, like credit cards)

 

2) there is not enough space on the form for a proper POC and this often leads to the banks making a 'claim not properly particularised' defence

 

3) you can't attach your schedule of charges - you have to send it seperately wit the danger it doesn't meet up with your claim

 

4) MCOL transfer the case to your local court anyway so why not cutout the middleman.

[b8byd]

Hi Steven, thanks so much for letting me know. Do you know if a claim can be submitted by post to my local court? It's just I have a broken ankle at the moment so getting out and about is difficult!

[steven4064]

Post is fine. Remember to include payment - cheque made out to 'HMCS' - fees here. If you are on benefits you don't have to pay fees but will need a fee remission form

[b8byd]

Hi Steven - I think you jinxed me!

 

I prepared my claim form and remembered to print out 3 copies and sign them. But I forgot to put my cheque in the envelope!! :o

 

But there was no problem. I called the Court the next morning and they had received my claim. I just got someone to take the cheque in by hand.

 

Does anyone know what happens next? I know the defendant will get either 14 or 28 days to respond, but will I get some sort of acknowledgement from the Court that a claim has been filed?

 

Scary stuff. I've got so many claims I could file, but I wanted to start with my smallest one first to get the hang of it.

[steven4064]

You will get a N205A "notice of issue" through the post. After that you should get a N10 "notice that acknoweledgement of service has been filed" and when Kays' solicitors file a defence you will get a N152 "notice that a defence has been filed"

[b8byd]

Have received the Notice of Issue. Kays have until 21 Feb to respond.

[b8byd]

Good news! I've received the following from Kays:

 

"The company believes that contractual charges applied to your account are justified and that they do not constitute penalties. That said, in light of the modest value of the claim, the company has agreed to pay it. Accordingly, please find enclose a cheque for £153.50."

 

Lol i'm very happy and the amount is not so modest for me - in fact it clears my catalogue balance!!

 

I'm just a bit confused about what I have to do with the Notice of Issue. Do I ignore that because they have paid the full amount of my claim, and just write a letter to the Court letting them now that the matter is settled?

[steven4064]

You should write to the court and tell them, as you said.

 

Otherwise, CONGRATULATIONS

[b8byd]

Thank you

[tomterm8]

Congratulations.

[itsamomentintime]

hardcore will never die!!!