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GraemeC

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  1. You may wish to look at the Unfair Contracts Terms Act 1977 - paragraph below from one of the mortgage ERC claim cases... a fee levied requiring me to indemnify you against any commercial risk to yourself in offering me a reduced interest rate in order to attract my custom is also contrary to s.4 Unfair Contracts Terms Act 1977. I am confident that a court is likely to consider this clause to be unreasonable within s.11 of the said Act as a large commercial institution such as yourselves is in a far better placed position than me as a consumer to bear the burden of the vicissitudes of business
  2. Do a summary and indexed documents! Make it as easy as possible for FOS to see whats happened, otherwise its likely the bored, underpaid employee who opens your envelope of documents will think 'No idea whats happened here, bin it is then' Best thing about FOS is that their decision would be binding on Northern Rock, but doen not limit your other options in any way.
  3. Personally I would take this to the Financial Ombudsman Service Financial Ombudsman Service
  4. Dont think you will get any further with anymore letters as there's not really much more to say -you know the arguments, its MCOL time! It should be allocated to the small claims so you wont be liable for their costs. Based on my own experience, your court fees will be approx £220, which you should get back when you win. I should have thought the fact it was only the 3 weeks till the end of the ERC period then you would have been charged nothing are a very good argument that its a penalty (if it reflected their costs, then the amount should decrease over time to zero, not be a lump sum one week and zero the next) Begs the question why you didnt wait another three weeks to redeem?? Anyway, good luck!
  5. Humm, there must be an avenue of appeal on this one - new evidence prehaps if the charges review was to be disclosed??
  6. kingpro, would like to see them explain its for 'the income we should have earned' in court as they have no entitlement to this. Zoot is spot on with the defence to 'right to terminate' also worth mentioning that any right to terminate clause was varied and effectively put beyond your reach by the inclusion of the ERC clause and represents an unfair term under Unfair Terms in Consumer Contracts Regs - have a look at Sarounia vs Simple response to defence
  7. Sorry, settled for approx £2,750 including interest @ 8% and court fees
  8. No admission of liability, but settled in full two weeks before the court date - redemption charge, interest @ 8% and court fees refunded. The girlfriend is very happy! (it was her redemption charge) The defendants solicitors were Eversheds and I note that a number of other cases where Eversheds are the acting for the defendant have gone to withing two weeks of the court date only to be settled - could it be that they believe they cannot win in court but are doing everything to deter people from pursuing their claims.... Keep going everyone!
  9. Sorry, can someone clarify? Does the *Finished* really mean that this was settled out of court in Tillers favour? If so, fantastic result and surely strong evidencs that the mortgage companies are not confident about defending their charges..
  10. s15 of the Supply of Goods and Services Act is the way to go. If the price for the connection/disconnection was not agreed in advance, then you should challenge them as to how they calculated the charge and why they consider it to be reasonable. If they ignore you, then its small claims time and they will have to justify it to a judge. As previously mentioned, if its approx. 20 hours work for an electrictian, then how can that possible be reasonable? I would write to them and point out their obligations under the Supply of Goods and Services Act and see if they will reconsider their charges. If that fails, send another letter threatening court action. Finally, lodge a claim in the small claims court.
  11. Update time (have been rather busy moving house!) - in response to my slightly naughty Allocation Questionnaire - Section G, I received a copy of a rather haughty letter from Eversheds. The letter was addressed to the court and complained about my request in Section G for disclosure of their costs due to my breach - apparently I should know better, given that we are on the small claims track (I will point out to the judge on the day that I am only a layperson and provided the information with the best of intentions) Anyway, the letter from Evershesds described the request for a breakdown of costs as a non-issue as I was cleary exercising a right under the contract and they will supply a witness statement to support this(?????). I do remember reading a rebuttal of the 'exercising a right' argument, but cant find it anywhere - could someone help me out by posting a link? Thanks, Graeme
  12. They will string it out for as long as possible - see my thread http://www.consumeractiongroup.co.uk/forum/mortgage-companies/34426-gc-standard-life-bank.html We have a court date on the 16th Jan, but lets see if they actually go to court (I am confident I will win if they do!)
  13. Letter ready to go In connection with my recent sale of Flat 5 Chelsea House, my solicitor requested from you a copy of Chelsea House Management Company accounts for the last three years. You supplied the accounts to my solicitor, accompanied by an invoice for £117.50. I cannot imagine how retrieving, photocopying and posting three sets of accounts can possibly have taken anyone more than 20 minutes (making your charge equivalent to an hourly rate of £352.50) hence I believe you must have made some mistake with the invoice. I consider a charge of £117.50 for this service to be grossly inflated and I remind you of your obligations under the Supply of Goods and Services Act 1982, which state that someone providing a service must do it: With reasonable care and skill In a reasonable time if you haven’t specified a completion date For a reasonable price if this hasn’t been agreed in advance This means the trader providing the service has a duty of care and should complete the job in good time and at a reasonable cost, even if the deadline for completion or a final price were not agreed in advance. In order to determine a reasonable price for any service, the best way to do this is to get quotes from other companies for the same job. I have checked with Companies House and they would charge £5 to open an account and £3 for mailing each copy of the accounts, a total charge of £14. The fact that Companies House would do this job for a much lower charge is proof enough in my opinion that your charge is unreasonable under the provisions of the aforementioned act. Accordingly, I enclose a cheque for £30 in full and final settlement.
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