loan int rate

Interest added!

Now what?

CISheet v101 (1) JoanneL.pdf

on the print menu..

print active sheets only

fit cols to page

there a charges reclaim letter see the recent reclaim threads in this forum

Super! Thank you.

Dx100uk you have been amazing

Hopefully the final question...

What did if it's a loan in joint names, where they are divorced, no longer speak and I have always been the one to pay it. How can get the monies just paid to me?

i doubt you'll get any payout anyway

you'll simply be fobbed off with regard to their FCA wavier.

however the unlawful fees will probably simply be removed from any balance.

it is interesting though that the loan is still active under welcome..

So was mine until I went down the reclaim route!

I Didn't have any fees removed Lol

Dear Sir/Madam

My request

I am writing to ask you to refund the charges which you have levied from my account between 09/08/2007 to 27/08/2014 in respect of late payment, arrears management, litigation fees and legal costs to the sum of £3,000.75 and the sum of £4,820.77 representing the contractual rate of interest applied by yourselves in respect of the said charges this totals £7,821.52 (Please find enclosed schedule of charges detailing dates, amounts and interest) and. We now understand that such fees are unlawful at Common Law, Statute and recent consumer Regulations.

In the case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract as oppose to a charge which represents a penalty. This law was confirmed and upheld in Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79. A charge will be held to be a penalty if the sum stipulated for is extravagant and unconscionable in amount in comparison to the greatest loss that could conceivably be proved to have followed from the breach. A penalty clause is void in its entirety and unenforceable.

I would like to bring your attention to the following statement by The Office of Fair Trading:

"A term in a secured icon agreement which requires the borrower to pay more for breaching the contract terms than actual costs and losses caused to the lender by the breach (or a genuine pre-estimate of that) is likely to be regarded as an unfair penalty and to be unenforceable both at common law and (in a consumer mortgage) under the Unfair Terms in Consumer Contracts Regulations.

I believe that the charges you have levied of far exceed any true cost to yourself as a result of our breaches and any genuine pre-estimate you could conceivably reach. If you disagree, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put to as a result of my breaches, in order to reassure us that your charges really do reflect your costs.

I really hope that this matter can be resolved amicably and without the need for redress to the courts. Thus I am asking that you refund the charges which have unlawfully been levied on my account. Failure to refund all the money unlawfully taken from us will result in us taking further action. I will give you 14 days to reply accepting, unconditionally, my request in principle and letting me know a date by which we will receive payment. If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before actionicon giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline. Thus take this letter as 28 days written notice of my intention to issue a court claim should you not comply with my request. I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

does this look ok ?

Can I use this for fees on a Welcome Finance loan, please?

no because the OFT went years ago

have you a thread running?

So was mine until I went down the reclaim route! I Didn't have any fees removed Lol

What happened?

I have only just picked this up. I'm writing to them tomorrow with the first letter

posts moved to your own thread.

you can use that letter as it wont matter re post 30

dx

no because the OFT went years ago

have you a thread running?

Yes it's on the WF page/thread

posts moved to your own thread.

 

you can use that letter as it wont matter re post 30

 

dx

I am being really thick.

What can I use to write to WF?

Or the vary the one in the library for mortgages?

Actually thinking about it, I can claim hardship. I've got all the relevant paperwork to show I supported myself and 4 children with no maintenance from ex during the whole time I paid the loan. Plus umpteen failed DD attempts causing more fees

I have reworded the above letter. I removed the OFT bit and added a bit about them knowing I was in financial hardship

I'll send to tomorrow

DX - IS there a link to Letter Before Action please?

why?

they have 8 weeks.

dx