John Lewis Return - Intercepted

Kpmp54

Alderbank said:

Kpmp54 said:

All - just to keep you updated on the above. We sent a Letter Before Action (LBA) to JL on the 16th June - we sent via post and email, copied in CEO / Chair. We received a very generic response from someone else saying this is matter is considered closed.

Today we've lodged a small claim against JL - will keep you posted on where we get to in relation to this!

Thanks for all of your help so far!

Who is 'we'?

Be aware that MCOL can have only one claimant.

The user guide for claimants says 'if you need to issue a claim with multiple Claimants (for example, on behalf of a couple), contact the County Court Money Claim Centre (CCMCC).

Sorry to confuse - the claim is in my wife's name solely (as she is the account holder) so there is only one claimant.

Kpmp54

JL are defending the claim - they have asked for the claim to be struck out on the basis that my wife is bringing the claim (as the invoice, payment details and delivery details are in my name). 

I followed the above advice in bringing the claim in her name - are they just pushing their luck here? As mentioned previously, they would not speak to me as the account was in her name. 

I'll provide a fuller update later once I've had time to digest their full response. 

Many thanks

Aylesbury_Duck

Kpmp54 said:

JL are defending the claim - they have asked for the claim to be struck out on the basis that my wife is bringing the claim (as the invoice, payment details and delivery details are in my name). 

I followed the above advice in bringing the claim in her name - are they just pushing their luck here? As mentioned previously, they would not speak to me as the account was in her name. 

I'll provide a fuller update later once I've had time to digest their full response. 

Many thanks

Reading back through the thread, it seems that the JL account is in your wife's name, but all aspects of the particular order are in your name, including payment.

I'd have thought that it's the purchaser that holds the contract, and that is you in this case.  If you wanted to do a chargeback or S75 claim for a purchase, it would be you as the cardholder that would make the claim.  However, I'm not sure if your wife being the account holder trumps the purchase method, which is why others suggested your wife make the claim?  Delivery details are irrelevant because the account holder can send a gift to another recipient at their own or another address, and that happens all the time.

One question occurs to me: are the terms and conditions of the account such that you or your wife has breached those terms by allowing you to log in on her account and place an order?  Is that what JL are hiding behind?

Kpmp54

If I’m being honest - I don’t know where I stand. All correspondence in relation to the claim has been through my wife - all email communications / phone calls etc. as they would not speak to me in any aspect of the claim / claim so it’s a bit surprising that the law firm are using that as way to throw out the claim. I think I have enough evidential points to show this.  I suspect they are using any means to get it thrown out.

In the worst case scenario - I would lose the court fee of ~£75 and then bring the claim the claim in joint names (instead of my name) which I understand would be outside of MCOL. 

In terms of next steps - can I post a redacted version of their defence and then share my proposed response? It’s only arrived today so I have plenty of time. I’ve done this on the parking forum.

Many thanks

screech_78

They defend pretty much everything now. If the solicitors think there is a 60% or more chance of winning, they’re defending. 

It’ll depend on the actual details of the order. Customer service can be stringent when speaking to customers due to the fear of breaking GDPR.

Solicitors will be looking at it from a legal point of view, so two completely different things. They’re very good and know what they’re doing I’m afraid. 

Alderbank

Kpmp54 said:

In terms of next steps - can I post a redacted version of their defence and then share my proposed response? It’s only arrived today so I have plenty of time. I’ve done this on the parking forum.

Many thanks

Yes, do please post them.