Claimant advice needed, General Directions Order N24

**Joanna C** · 24th September 2016, 07:46:AM

Re: Claimant advice needed, General Directions Order N24

Originally posted by pacmann View Post

Good afternoon,

Please can anyone advise me on the following issue? I am totally confused as to what I am supposed to do next.

I issued a MoneyClaim Online case against Carphone Warehouse as they took payment for an order placed via their website for an order which was cancelled within 24hours and I never took receipt of. Numerous times customer services were made aware I had not received my a refund and numerous times they stated they had sent the return payment but it never appeared. After a couple of weeks of daily back and forth I opened a case via MCOL as the funds were desperately needed and were impacting my monthly expenses to the point I had to loan money on a family members credit card to pay a pending bill which the money was meant to cover.

The case details are:

My claim was issued via MCOL on the 18th July 2016.
20/7/16 I entered judgement as had already received admission multiple times, via telephone, email and in person in my local CPW store.
21/7/16 Judgement was registered electronically against Carphone Warehouse.
8/8/16 A warrant was issued against Carphone Warehouse
After the previous mentioned action further letters were received dated -
6/8/16 The Registry Trust returned the Judgement registration stating: We are unable to register a firm/limited company.
8/8/16 The Court wrote to me stating that the defendant has contacted the Court to query the judgement as they state they have not admitted the claim and that the Court requires me to supply copies of the Defendants admission within 10 days of the date of the letter. I immediately responded with the requested information.
12/8/16 I received a letter stating the case had been referred to a District Judge on how to proceed.
18/8/16 Carphone Warehouse Legal Services sent a letter confirming an attempted payment to me was unsuccessful due to an invalid card number being used. I have requested a colleague to contact you to take updated details so as this payment can be made. (They didn't mention the 3 times payment had already been allegedly been made and failed) The letter was put aside due to the case being with a District Judge and the amount did not mention covering any costs incurred for Court fee's or interest charged via MCOL.
5/9/16 Another letter from Carphone Warehouse' Legal Services requesting payment details to make payment of the original transaction amount again without mention of any Court fee's or interest accrued via MCOL. I again put this letter aside awaiting reply from the District Judge.
13/9/16 Before the Deputy District Judge sitting at the CCBC on 20th August 2016 upon the Court considering the Claim -

It is ordered that:

1) The defendants email dated 14 July 2016 can be classified as full admission.

Note: This order has been made without a hearing under the Court's case management powers contained in the Civil Procedure rules part 3. You may within 7 days of the service of this order, apply to the Court to set aside or to vary the order under Part 23 Rule 10. You must file with the Court, and serve on the other parties, an application that sets out your reasons for objection. A fee is payable upon the filing of the application. When your objection is received the matter will be listed for hearing unless you ask the Court to vary the order without a hearing. This response is dated 9th September but postmarked as the 12th and received today the 13th.

Logging into MCOL the case history shows as follows:

You submitted warrant XXXXXXXX against Carphone Warehouse on 08/08/2016 at 12:52:25
A bar was put in place for Carphone Warehouse on 08/08/2016
Your warrant XXXXXXXX against Carphone Warehouse was rejected on 09/08/2016 at 19:41:59

So with that information how am I supposed to proceed? If the District Judge states the defendants email can be classified as full admission how do I now proceed to recover the amount due including fee's and interest? Surely they cannot get away with causing me this much grief and just pay off the original amount 2 months on from taking my money?

Any advice would be greatly appreciated.

You need to complete a form N225 for Judgment on admission (as the Order says they have made admission). Attach a copy of the order and send it to the court. A N255 can be accessed here http://s3-eu-west-1.amazonaws.com/hm...r/n225-eng.pdf

Then once judgment is entered you can ask for the warrant to be issued

Claimant advice needed, General Directions Order N24