Help with a N9B form please

Lilly_May_2

Hi I am doing a counterclaim again Littlewoods, I have a N9B form from the court that their solictors have issue against me....there is a 'Defence part' and a 'reasons for making a counterclaim' boxes to fill in, aren't they the same,? I was going to put in the Defence box:

“I have written to this Company asking for a full refund of all the late payment charges that have been applied to the account I held with them, over the past 6 years. I do not believe these charges reflect the true cost to this Company so are disproportionate and I have therefore been unlawfully deprived of this money. For this reason I have added statutory interest, the amount a court would award, to my claim for a refund. A full schedule of the charges and interest is attached.”

OK, but what should I put in the 'reasons for making a Counterclaim box', I thought it was the same thing, should I put unlawful charges or something.....any help would be great.....many thanks.....Lilly...;)

esmerellda

Hiya xxx
Can we pop back a couple steps please.

Littlewoods claimed against you with a N1 moneyclaim form on what date?

Have you entered an acknowledgement of service stating intent to defend ?

Will help you with your counterclaim and defence (so hang fire a sec) but can you let me know their Particulars of Claim from the front of the claim form and bit of history on the account.....also who are the dca/solicitors ?

Ame
xx

Lilly_May_2

Hi Ame and thanks, Ok...Littlewoods. I am claiming late payments from 2002 until 7/707 out of the blue I received after having no contact from littlewoods, for over two years, a letter from a solictor a Bryan Carter @ Co saying that within 48 hours I will receive a court order, which I did, 10th August, I have since sent acknowledgement of service stating intent to defend, so I now need to fill in my defends form. Not sure I understand this bit ...... ''let me know their Particulars of Claim from the front of the claim form,'' it is saying that the claimant is phoenix recoveries(uk) Ltd, now I am confused!!!is this making sense to you? hope so....Lilly

esmerellda

Ok don't do a thing for now am going to get you some help - yes we know Bryan Carter and Phoenix Recoveries.........lovely. This is very unlikely to be correct and if you want to fight it completely you will probably be able to.

For instance - 48 hours notice of court proceedings isn't on under the CPR.
Does Bryan Carter have proper assignment of the debt from Littlewoods ?
Are Littlewoods actually entitled to claim from you at all, is there a valid credit agreement ?


Particulars of Claim - on the front of the original form you had from the court there should be a box which Bryan Carter/Phoenix have filled in - saying something like ''The claimant claims £195 owed to littlewoods.'' etc.... If you can type that bit up would be extremely helpful

Ame
xx

esmerellda

Got your other thread too now - http://forums.moneysavingexpert.com/showthread.html?p=24590625&highlight=#post24590625 - so have all that info

Curlyben

A few points here.
1/ Could you please post the complete POC as stated.
2/ Have you made any requests for documentation form Mr C ?
3/ Do the charges out weigh the total debt ?
4/ Have you had any communications from Phoenix recoveries or Littlewoods concerning this ??

That'll do for now, I'll post back with more if needed.

Lilly_May_2

Ok Ame I think I have found it. Particulats of claim.as follows
The Claimants claims is for the price of goods sold and delivered by the claimant to the defendant..
Partiticulars

Claimants A/C no X6342392 to goods sold between 09/02/2003 and 08/02/2008 and the claimant claims 358.74

The claiment also claims interest thereon pursuant to S.69 county court act 1984 Limited to one year to the date hereof at the rate of 8% per annum amounting to £28.70

just want to add that after nearly 9 months of giving me the run around in 2007, I got a no from Littlewoods, after I requested my statements and put in a letter asking for later payments back...they refused to give me any refund I hope this all makes sense to you, as it doesn't to me, have tried to get my head around it and fail, when I ask at the court last week for advise, the guy said, oh yea, they do this hoping you just admit to owning it, as it is the easy way out.. but then you have to find the money each month. It would be so easy to say yes just to get them of my back, but why should I, these late payments are unlawful, I have learnt that much lol....thanks....Lilly...... just a thought....the account no X6342392 is my Littlewood account number...the one on all of the Littlewoods letters I previously received back in 2007

Lilly_May_2

Curlyben... have posted POC on above thread......tick

Have you made any requests for documentation form Mr C.. no I haven't.

Do the charges out weigh the total debt ? All of the amount they say I own them £387.44 plus court fee £30.00 + solictors £50.00 = £467.44

the £387.44 is all late payments, I done a Bankcharges interest calculation, on Martin's web site and it is saying that with the interest..my total claim would be £447.43...which would be the £387.44 plus the interest....;)Lilly

Curlyben

Right then
You have a number of points in your favour.
1/ Woeful POC, a Mr C standard
2/ No agreement as mentioned as regulated by CCA 74
3/ No assignment documentation of the debt being sold from Littlewoods to Phoenix Recoveries
4/ Mr C continual abuse of pre-action protocols and CPR
5/ The charges applied to the account.

Lilly_May_2

many thanks Curlyben...only problem with that is ....its as clear as mud to me.....:rolleyes: sorry.....what does it really mean, and what can i do about it....please....lol.....Lily

Curlyben

when is your defence due in ?