Old shop direct account and Capquest

[Amethyst]

Okay sorry just read back, is this a summary judgment application hearing ? Have you responded to their application at all ? Do you have a copy of your defence you could post ?

[SK01]

Okay sorry just read back, is this a summary judgment application hearing ? Have you responded to their application at all ? Do you have a copy of your defence you could post ?

No I only received this and I think filed my defence online and i dont have copy. I found some more old letters attached.

[SK01]

I have not responded to there application I dont know how to?

[Amethyst]

Okay, don't worry, I'll have a good read through everything a little later and see what you need to be doing xxx

( tagging myself so I don't lose the thread Amethyst )

[SK01]

Thank you sir.

[Amethyst]

Okay. You need to do a Witness Statement in defence of their application to get to the claimant and court at least 14 days before the hearing.

Now they have provided documents it seems your defence is based on the return of items not being credited to your account Can you see your defence if you log on to Moneyclaim online or did you do it on Paper ? A copy of what you entered would be really helpful - you might be able to get court to email you a copy if you don't have it.

You have the evidence of returning items to ShopDirect. Do you have note of what and how much the items were, and dates they were returned? Do you have emails still from the original order confirmations etc ? and did you ever send a SAR to ShopDirect.

The statement that Shop Direct have provided shows 3 items ordered in the preceeding 3 years - were any of those items returned ?
Their statement states 0 items were returned, and 8 items were replaced.
There's also a few cancelled orders., which presumably were cancelled before dispatch and not charged to the account?

So basically you need a list of what you returned, when and the evidence.


On this page ( the green screenshot from Very - http://legalbeagles.info/forums/file...tch?id=1177243 ) it shows the Last Return of £39.00 ? which seems to be the Adjustment ? I can't read what's listed in that far right column of the statement tho ( below )

Their evidence maths wise.....

From the statement supplied by ShopDirect I can see ( more or less) where the £846 closing ( and claimed) balance comes from.

Debits - 1359.05+77.31+60.00= £1496.36 ( so that's fine )

Credits - the £570 payments plus that discount of £40 = the £610

The payments in last 3 years column seems to add up to that £570.57 so that scans ok

so 1496.36 less the credits of 610.57 = 885.57 ( so around about right presumably the adjustments account for any difference)

There isn't actually a massive amount of interest charged to the account ( £77 over 6 years on goods of 1.3k odd is pretty good )

veryaccount.png

[SK01]

I cant access online defence but I have attached emails which i sent to very complaining the balance not correct. I have also attached courier collection stamps .

What my defence was I only had access to online statements and I dont have any itemised statements to show how balance came to what they claim and they cant supply. What they supply is online snapshot which doesn't prove anything.

Can anyone please help me witness statement so i can send them soon please?

[SK01]

i have written my defence please check if its good enough to send them? thank you so much for your help.

[Amethyst]

The statement that has been printed only seems to go to April 2013 and the cancelled and returned items issues seem to have been ( going by the emails ) in June 2013. You state in one that the balance was showing as £2492 but the amount being claimed is only £846 so it seems that the issues aren't included in the amount being claimed at all. So I think it is likely they will be able to show the claim is valid and the amount is owed, however you raise fair points in that it really isn't very clear and they haven't demonstrated how the amount claimed has been calculated.

There are issues, particularly as they have provided the agreement, and the account statement from Very, and the screenshot showing the default notice was sent September 2013. In their Witness Statement accompanying the application they say you have denied that you ever had an account with Very - however you've said previously that you argued that the balance wasn't correct and they haven't evidenced the payments - I haven't seen the defence so it is really hard to say - if you did put in a defence questionning the balance etc then you can continue on that - and their Witness Statement is incorrect and needs pointing out - however if you put in a defence denying all knowledge of the account, and that it is statute barred ( which they also state in their application ) ? then you are likely to lose defending the application. Please can you try and remember what you put in the defence then I'll try format your Witness Statement into something useable.

Also when and what was the Tomlin Order they tried to negotiate with you ?

[SK01]

As far as I remember I stated i will fully defend the claim i didnt put anything else.

[SK01]

All I asked them was provide original documents showing how the amount go to what the claim and not just send me snapshot .

[SK01]

From mid 2013 I had on going issue with very and I stopped paying until the correct the amount which they never did and stopped my account.

[Amethyst]

Okay. For reference this is how Witness Statements should be - http://legalbeagles.info/forums/foru...ness-statement
I'm concerned the defence is an unknown, as the witness statement refers to your having plead that it is statute barred, that you don't recognise the account and so on.

As you do seem to be struggling with this a little it may be worth contacting someone like Diana M's firm and seeing if they will be able to step in and help defend this application and the case, or at least give you a decent idea of whether you are likely to have to get this settled under that Tomlin order to avoid coming out of this with the CCJ. I'm afraid I don't know what the costs of doing that might be, but having a chat for some initial advice would be free.

[SK01]

Thank you how do i contact Diana M's firm?

[Amethyst]

https://www.justbeagle.com/solicitor/visit/623139 is the details - worth an ask xxx If not they should be able to give you an idea whether you're going to need to sort settlement