Very counter claim

Ha1ha1

Bit of a funny one, it's a counter claim from Very. Basically I had a PS4 from Very in 2013 and it was found to have a manufacturing fault. Got an independent report and tried a long time to get Very to refund it to no avail. So I decided to try once more this year and do letter before action, which they also said no to. So I took it to small claims, and they refunded it as a reduction to the balance I owe them and filed a counter claim to to the money I owe them. The debt at the time was owned by Lowell but Very recalled it last month. Is paying Lowell £45 a month as part of a DMP. Yeah. Apologies if this is in the wrong forum. Any advice on a defense will be appreciated.

Particulars of claim:

1) Mr. A has failed to repay credit provided to him by shop direct finance company limited, despite the deadline for such repayment having elapsed
2) The claimant opened a credit account with the defendant on 25th December 2009, and entered into a credit agreement with the defendant at the same time (the "agreement")

3) Between 2nd January 2010 and 8th August 2017 the claimant obtained a minimum of £6000 of credit from the defendant

3. Pursuant to the terms of the Agreement, the Clelrnant was required to make regular, mtnimum payments against the balance of the account.

4. On 24th January 2015. the Claimant failed the minimum required payment against the balance of the account pursuant to the terms of the Agreement. Thereafter. the Claimant continued to fail make the required minimum payment against the account.

5. Pursuant to Clause 19 of the Agreement, the Defendant ls permitted to demand the immediate repayment of the total outstanding balance it the Claimant fails to make the minimum payment by the required date.

6. In breach of the Agreement. the Claimant has failed to repay the credit obtained from the Defendant.

7. The Defendant therefore counter claims the remaining outstanding balance of the account of £6000
​​​​​​​
Clause 19 is

We may demand immediate repayment of the full outstanding balance and/or terminate the agreement and/or suspend your right to use the account if:-
19. Termination and Repayment: either you or us may terminate this agreement. If you terminate the agreement, you must give at least 7 days written notice by contacting us at the address specified in clause 17 and you must immediately pay the full outstanding balance to us. If we terminate the agreement we will give you at least 2 months notice unless an event mentioned in this clause has occurred. You must repay the full outstanding balance to us on demand, subject to us giving you any statutory notice. The outstanding balance for all purposes of this agreement will include all sums due on the account (current balance) together with all amounts due for payment on your account at any time in the future.
you fail to pay the minimum payment by the due date;
you exceed your credit limit;
you become bankrupt, enter into a voluntary arrangement or make proposals for reduced payments;
you have provided any false or misleading information on which we have relied;
you breach any of the terms of this agreement in a way which we reasonably believe to be material;
we believe the account is being used fraudulently or for an illegal purpose.

sourcrates

Hi,

How much time passed since recieving the goods, and you informing them of the fault ?

Was it outside of 12 months ?

If it was, then your dispute will have been with the manufacturer of the goods, Sony, rather than Very.

It depends on the answers to the above really, as to how you proceed with this.
Did you stop payment to the account after that ?

As there claim is for 6k.

Ha1ha1

Hi thank you for your reply. It was under the sales of goods act I thought it fell to the retailer? That part it sorted now, I am more concerned with the counter claim by Very. On what grounds can I dispute it?

SusieT

From what I can see they are saying that there is a balance on the account of £6000 that they want repaid. If you owe it there would not seem to be a valid way to argue it.
So other than the above questions, is the balance they are counterclaiming correct and outstanding?
Did you fail to make the minimum repayments as mentioned in their No.4 - I suspect the answer is yes since it was sold and is also on a DMP.

Being on a DMP does not stop them taking court action, and I would guess that they are now wanting more than £45 a month repayment, or, want it to be formalised by a court?
On the plus side, it is unlikely that a court would order you to pay more than that as whoever is running your DMP will have gone through your budget with you already.

oonana

Hello Harendra

Have mediation before it goes to court and agree to paying the very minimum since the account balance is still outstanding.

sourcrates

Ha1ha1 wrote: »

I am more concerned with the counter claim by Very. On what grounds can I dispute it?

Well what was the reason for not paying the rest of the balance on the account ?

fwor

sourcrates wrote: »

Was it outside of 12 months ?

If it was, then your dispute will have been with the manufacturer of the goods, Sony, rather than Very.

Sorry, but I don't think this is factually correct. Your statutory rights as a consumer never revert from the company that you bought the item from to the manufacturer.

The reason is simple: your contract is with the supplier, not the manufacturer, and that legal position doesn't somehow change after a year.

I should add, though, that this is a side-issue. The core of the problem is whether the OP owes the £6000 and can afford higher payments under the DMP.

sourcrates

fwor wrote: »

Sorry, but I don't think this is factually correct. Your statutory rights as a consumer never revert from the company that you bought the item from to the manufacturer.

The reason is simple: your contract is with the supplier, not the manufacturer, and that legal position doesn't somehow change after a year.

I should add, though, that this is a side-issue. The core of the problem is whether the OP owes the £6000 and can afford higher payments under the DMP.

After the inital 12 month guarentee runs out, you are directed to the manufacturer website if you want to return faulty electrical goods.

Sorry, i could have worded that better.

chanz4

Quick tip with very they sell to Lowell, email both them and solicitors then look at the message header they are the same network computers and internet IP yet they claim to not be and add charges dispute them

WhenIam64

Quick tip with very they sell to Lowell, email both them and solicitors then look at the message header they are the same network computers and internet IP yet they claim to not be and add charges dispute them

Another "quick tip". What is the name of the claimant in the box on the N1 form as that is the party to the claim - unlikely to be Lowell unless the OP has had an assignment letter.

How much is outstanding on the credit account, and how much was the PS4. I assume not £6K.

It appears you broke the DMP agreement thinking you could "offset" and have ended up in a bit of a mess. Unless there is something you haven't mentioned, you've got a short and expensive hearing at the court. A DMP is a pragmatic agreement, not legal protection.

Have you had the Directions Questionnaire yet or are you at the Witness Statement stage? You might want to discuss a settlement.

Takmon

sourcrates wrote: »

After the inital 12 month guarentee runs out, you are directed to the manufacturer website if you want to return faulty electrical goods.

Sorry, i could have worded that better.

VERY may direct you to the manufacturers website after 12 months but as the OP has a report stating the item is faulty due to a manufacturing fault then VERY are legally liable up to 6 years from purchase. So the OP is correct in pursuing VERY for the refund for the console.