iSmart & Fortius

doug3101

Hi all,

About two and a half years ago I (foolishly, not knowing better) asked iSmart to reclaim some credit card charges for me. Won't go into too much detail but they took so long in processing the claim (CC company made offer 15 Jun 2011, I did not receive notification til 4 August 2011) that about another 3 months of charges were added. I had a DD set up with CC but obviously my payments were just being swallowed up and I did not have enough money to pay card in full. iSmart sent me an invoice with the (late) acceptance letter that I signed and returned. The CC took the original amount from my bill but I spoke to iSmart on the phone complaining that because they had taken so long more charges had accrued. They pretty much dismissed my concerns but every few days they would ring me pestering me for payment. I kept saying that I felt they should be paid when they had done the job correctly. The calls stopped and I have heard nothing for two years. I have just received a county court summons for the amount (59 quid) plus interest and fees that pretty much double it! I filed a response saying that I felt that they had not done their job properly and that they had, in fact, cost me more money in extra charges than their original bill.
Their legal 'bottom feeders' Fortius have responded saying they are "at a loss" as to why I have filed such a defence as it is clear from their paperwork that I signed a contract and they were 'successful' in reclaiming charges. The letter was quite intimidating and went on to say they would have no option to make a wasted costs order if it went to court (pretty much shut up and pay up methinks)
Now then, the CC offer letter sent to me by iSmart is dated 15 Jun 2011 and iSmarts cover letter that came with it is dated 4 Aug 2011, just under two months later, they have sent me a copy of my signed acceptance and that is dated 30 Aug 2011. I know for definite that I would have signed that letter immediately and returned it. I have just read up on the Goods and Services act 1982 regarding reasonable care and skill but I am worried that it will not apply as I did not make a formal written complaint at the time.
any help would be great
Ta

Atidi

doug3101 wrote: »

Hi all,

About two and a half years ago I (foolishly, not knowing better) asked iSmart to reclaim some credit card charges for me. Won't go into too much detail but they took so long in processing the claim (CC company made offer 15 Jun 2011, I did not receive notification til 4 August 2011) that about another 3 months of charges were added. I had a DD set up with CC but obviously my payments were just being swallowed up and I did not have enough money to pay card in full. iSmart sent me an invoice with the (late) acceptance letter that I signed and returned. The CC took the original amount from my bill but I spoke to iSmart on the phone complaining that because they had taken so long more charges had accrued. They pretty much dismissed my concerns but every few days they would ring me pestering me for payment. I kept saying that I felt they should be paid when they had done the job correctly. The calls stopped and I have heard nothing for two years. I have just received a county court summons for the amount (59 quid) plus interest and fees that pretty much double it! I filed a response saying that I felt that they had not done their job properly and that they had, in fact, cost me more money in extra charges than their original bill.
Their legal 'bottom feeders' Fortius have responded saying they are "at a loss" as to why I have filed such a defence as it is clear from their paperwork that I signed a contract and they were 'successful' in reclaiming charges. The letter was quite intimidating and went on to say they would have no option to make a wasted costs order if it went to court (pretty much shut up and pay up methinks)
Now then, the CC offer letter sent to me by iSmart is dated 15 Jun 2011 and iSmarts cover letter that came with it is dated 4 Aug 2011, just under two months later, they have sent me a copy of my signed acceptance and that is dated 30 Aug 2011. I know for definite that I would have signed that letter immediately and returned it. I have just read up on the Goods and Services act 1982 regarding reasonable care and skill but I am worried that it will not apply as I did not make a formal written complaint at the time.
any help would be great
Ta

Unless I have misunderstood, or missed something you have posted, I too am "at a loss" to understand your defence.

As I understand it, you entered into a contract for the claimant to recover some credit card charges for you.

They have sent you the bill for those services, and now, because you have failed to pay that bill, they have sent a county court summons.

Your defence to that summons is essentially made up of 2 points:
1. That the clamaint have not done their job
2. You had incurred some form of consequential loss due to the actions or inactions of the claimant.

Well in response to point (1) the claimant states that you have had some credit card fees refunded.

Are you denying this? :huh:

If you are, then I would suggest this matter will probably end up in court so the judge can settle the argument whether or not you received any refund of credit card charges. I don't think the claimant will back down, based on what you have posted, and no one here can possibly help you with such a dispute.

Point (2) is no basis for a defence to the claim, but may be grounds for a possible counter claim. I would suggest you seek independent legal advice on this if you wish to pursue such claim. The internet, and especially an open forum where anyone can post anonymously, is no place to obtain such advice.