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Posts posted by checkoutdolly

  1. my request

    I am writing to ask you to refund to me the charges which you have levied from my account over the last four years.


    I now understand that the regime of fees which you have been applying to my account in relation to Late Payment charges and over the limit fees and so forth are unlawful at Common Law and contrary to consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your charges really do reflect your costs?


    Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.


    Your responsibilities

    I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.


    I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.


    I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

    Your concealment of the true nature of your charges has prevented me from asserting my right until now.


    What I require

    I calculate that you have taken plus £which you have charged me in overdraft interest for the sum which you have taken. Total I enclose a schedule of the charges which I am claiming with this letter.



    My targets to resolve this matter

    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.


    I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.


    If you dispute that I am entitled to a refund of these charges, I request that you forward within the above mentioned time scale, a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.


    If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action 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.


  2. Well got a letter off cap one yesterday to say that i they werent prepared to pay all my interest as due to their calculations they owed me thirty pounds less than i had requested or demanded but thought well im not quibbleing about that but as for the rest it has been refunded to my card and more or less a few short but paid it off yippee one down start on hubbys next but a big thanks to everyone here steven and my buddy aviator for all there help and patience with some of my stupid questions

  3. been a while since i got on with this as things in lige took precedence surprisingley

    but filed this in court last Friday just a waiting game now

    the surprisingley cap 1 sent me a letter saying they needed a an income and expenditure form off me plus bank statements and wage slips have filed in the form but drafted a letter refusing bank statments and wage slips still waiting for a result from finaciaql ombudsmen over ppi if all charges plus ppi were refunded card would be paid off and theyd owe me sigh but none of them want to do that

  4. no havent paid all the charges back yet just the difference between the 20.00 charges and OFT guidelines plus 10.00 interest which seems pretty standard in most cases but never ticked for ppi on application form have got a copy and they keep changing their tune as when it was sold reckon i will just file have to file in court for it or do you thinkl i would be better refering that bit to fos

  5. the financial ombudsmen will only award you the difference between the 12.00 and what they have charged so of you have so four late payments and they charged 20.00 for each one 80.00 fos would award 32 back usually anyway

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