Littlewoods (Shop Direct)

[barloo69]

Hi all. Newbie so please be gentle.

I have a query that I would very much like to share / advice on please.

I am currently trying to reclaim my charges from Littlewoods (Shop Direct)
After many letters backwards and forward and their continual refuse to play ball, I have ended up taking the matter down the MCOL route.

Since going down this route Littlewoods have passed the matter over to one of their legal guys from their own legal dept. He has written to me and paid a cheque repaying all my charges and the court fee however he states I am NOT entitled to interest as the account was based on an interest free basis, and that if I were to pursue the matter further then the defendant would argue that any award of stat int would amount to my unjust enrichment and an unfair punishment of the defendant for my contract breaches.

Now does this guys spiel hold any water ? As the way I see it the 8% is an award for the unfair charges that they have applied to my account and thereofre money which I have not had and couldve been placed elsewhere.

Now from reading many posts on here I am aware that the no agreement would actually be in force legally as I have not signed anything and it wouldve been a blanket one that they wouldve applied (which obviously does not comply with the CCA)

I am proposing to write him again disagreeing with what he says as I feel the 8% is dependant on a Judges discretion but am NOT aware of any case where a Judge has NOT awarded 8%. Is there any case law anybody is aware of that I can quote in my letter which is sortve relevant and backs me up. ?

[Mochamoo]

Re: Littlewoods (Shop Direct)

Welcome to LB x

If they are paying back all your charges and the court fees then personally I dont think you have much right to quibble... I am sure many others will disagree with me...

[barloo69]

Re: Littlewoods (Shop Direct)

Welcome to LB x

If they are paying back all your charges and the court fees then personally I dont think you have much right to quibble... I am sure many others will disagree with me...

I hear what you say and I got to admit I am in 2 minds myself whether I can be bothered but then another part of me says why the hell not. These charges have been deemed as unfair and therefore I have been deprived of this money so surely I should be able to get some recompense for that.

[Amethyst]

Re: Littlewoods (Shop Direct)

If you have gone the court route then you are entitled to the 8% statutory interest. Only interest you wouldnt be entitled to would be contractual, as you havent been charged any. The point of stat interest is to return you to the position you would have been in had they not taken the money to begin with - therefore you could have been using it to pay other bills/savings etc. Its quite a good rate especially at the moment, but Littlewoods will have been using the money you paid them on charges to reinvest in stock and running their business and creating profits/enrichment. So I'd argue that back quite comfortably and say no thank you ro the offer and we'll wait for the court hearing.

As you have gone to MCOL the 8% is part of the claim so the claim has not been settled.


One thing, was the account within the interest free period when the charges were taken ?

[Mochamoo]

Re: Littlewoods (Shop Direct)

however he states I am NOT entitled to interest as the account was based on an interest free basis, and that if I were to pursue the matter further then the defendant would argue that any award of stat int would amount to my unjust enrichment and an unfair punishment of the defendant for my contract breaches.

One thing, was the account within the interest free period when the charges were taken ?

[barloo69]

Re: Littlewoods (Shop Direct)

Thats the thing. The account is mainly interest free on smaller items but the larger things you can elect to pay them over a longer period and therefore incur paying interest.

Looking into it, I have definately incurred interest in what I have paid them.

Thank you for your help.

P.S. Might be a bit dumb here but how do I thank you for your post. Is there a THANKS button I can click ? I cant see one ?

[Amethyst]

Re: Littlewoods (Shop Direct)

when you have more than 5 posts you can thanks peeps a little button will show bottom right of each post.

yep thats what I thought - your account will have some element of interest Free but it changes after the 52 weeks on some to interest payable, and as you say on your larger items over longer periods interest was paybale, so their argument falls down IF they were arguing contractual interest - but as they arent and are arguing against s.69 stat interest theres no argument to begin with, they have unlawfully taken your money and the court would award the 8% pa if it goes to court - if its an amount worth fighting for and you are prepared to wait then I dont think it will take much more than another letter back to them, otherwise if the money offered will help you out now, then take it. Entirely up to you, but as far as I am concerned you would be entitled to it in court.

[barloo69]

Re: Littlewoods (Shop Direct)

Splendid ! Thank you so much for this. Exactly as I thought and I have fired off another letter anyway. TBH I wouldnt mind arguing this out in Court. Now I know I was barking up the RIGHT tree. Cheers,

[Amethyst]

Re: Littlewoods (Shop Direct)

One ickle thing.... in the past (and its a long time since I have been to court with any claims) some people have had problems with the s.69 interest because they accepted the full amount of charges and costs but carried on for just the s.69 - in those cases some were kicked out because there was no cause of action left (I think the biggest one of these was Tom Brennan v Natwest) - so return the cheque with your letter asking for the rest, as banking it is seen as acceptance.

[barloo69]

Re: Littlewoods (Shop Direct)

I will say something though for Shop Direct, they do not give up easily. I just wonder how many people out have tried to reclaim against and hit their brick wall of denial and therefore just given up the process.

From going through this and other such like minded forum sites, not a lot of successess against Shop Direct.
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One ickle thing.... in the past (and its a long time since I have been to court with any claims) some people have had problems with the s.69 interest because they accepted the full amount of charges and costs but carried on for just the s.69 - in those cases some were kicked out because there was no cause of action left (I think the biggest one of these was Tom Brennan v Natwest) - so return the cheque with your letter asking for the rest, as banking it is seen as acceptance.

Ah that may be a problem then. As I accepted and banked their cheque as part payment and without prejudice in a previous letter. I thought I would have to be returned to the point had I not unfair charges applied to my account, well surely these charges and interest go hand in hand and I have not as yet been returned to thatpoint.

[Tools]

Re: Littlewoods (Shop Direct)

Exactly how much is the 8% worth?

[barloo69]

Re: Littlewoods (Shop Direct)

Lets say in between £50 & £100. I know I know, is it really worth it.......I think it has become a matter of principal though.

[Budgie]

Re: Littlewoods (Shop Direct)

Oh dear,

"As you have gone to MCOL the 8% is part of the claim so the claim has not been settled."

That is 100% correct, the interest ( statutory 8% ) is part of your court claim, it has nothing to do with whether they charged you interest or not on the account. You are entitled to claim this interest as it is basically due to you in respect of the late payment of a debt ( the debt being the charges that they should never have taken from you in the first place ).

The fact that you have banked the cheque does make things difficult. If you proceeded to court the defendant would argue that they have repaid the charges and your court fee so there is no further cause of action. You would be left to argue solely for the statutory interest.

I would recommend that you write, explain that you have banked the cheque he sent as a "gesture of goodwill" in part settlement of your claim. Advise him that in accordance with Civil Procedure rules you consider he still owes you £xx to finally settle the claim and that upon receipt of a cheque for that amount you will discontinue the court claim. Then just leave it at that, don't talk to him over the phone, just let him stew. Likely he will settle a day or so before he is due to formally defend the MCOL claim.

Budgie

and yes it is worth writing a letter for the £50 or £100 that you say is outstanding.

[barloo69]

Re: Littlewoods (Shop Direct)

Thank you. My letter which I fired off earlier basically included those points already.

I am extremely humbled btw to receive advice from the one that took the claim all the way to the court and won the compounded interest. Excellent thread.

[barloo69]

Re: Littlewoods (Shop Direct)

Well update to thread. DJ has considered the statements & AI's and allocated the claim to the small claim track. Dated set for next year. Court have advised I need to pay a further fee but this is reclaimable should the case be settled amicably between us in between now and date of hearing. So thats not a problem then, but I just wondered if somebody could help with the following.............

"Signed statement setting out the evidence of all witnesses on whom each party intends to rely shall be prepared and copies inclded in the documents mentioned, this includes the evidence of the parties themselves and of any other witnesses, whether or not he or she is going to come to court to give evidence.

Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely on at the hearing no later than 14 days before the hearing with the originals brought to the hearing"

So if I understand these parts correctly, the court is requesting that should I have any experts/witness testimonies that my case relies on then I need to pass a copy of this document to the i) court and ii) defendant (kind of like disclosure in a criminal court case)

Now could I use the OFT report as part of my evidence as it was that which stated that the charges were deemed unfair and only a court can decide.

Any other reports/case law that could assist me in my quest ?

Thanks.