Can you reclaim .......

[animal_lover]

I'm currently in the process of reclaiming back charges on all of my dads accounts and was wondering if you can reclaim charges that T Mobile have added for not paying by DD.

 

Thanks in advance

 

Animal_Lover

[locutus]

You can try...

 

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/74802-penalties-not-paying-direct.html

 

and

 

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/9306-telewest-10-00-late.html

 

are essential reading.

[animal_lover]

Hi, i've done the letter and i'm just about to put the charges onto a spreadsheet. can you claim any interest on them either contractual or the 8%.

 

Thanks in advance

[animal_lover]

Bump, Anyone

[legalpickle]

8% is statutory interest. If you take it to court, you should be able to claim this.

 

Contractual interest is more complicated, so I recommend leaving it out.

[animal_lover]

Ok thanks

[OrangePrimate]

Think you will find though that it does say in the T&C's of contract that a charge will be made if customer does not pay by D/D and these terms are accepted by the customer with acceptance and use of phone.

 

To my knowledge, when this is clearly printed in the contractual agreement not one person has had those charges refunded once contract under way or when contract ended (unless of course charged incorrectly when D/D in place!) Quite a few have tried, but courts say -nope, you agreed to it - pay it!

 

btw, have noticed a couple of service providers have increased their charges overall, done away with a 'non D/D fee' then given the amount previously charged to the others as a discount (to those who pay D/D) - pretty clever, they still getting their money and those not paying D/D are still paying more anyway!

[animal_lover]

My dad recieved a call from Tmobile on Friday regarding the reclaim of the fees for paying by non D/D that was put in.

 

They claim that it's as an admin charge but wasn't given the option of paying by a different method ie Bank Transfer.

 

Is thereanything else we can do to pursue the claim

 

Thanks

 

AL

[animal_lover]

Can anyone help with with the above question please

[MARTIN3030]

I suggest in your letter you say something like;

 

I put you to strict proof,to provide me of a breakdown of the figures, which clearly show that the charges/fees are a genuine pre-estimate of the costs incurred by yourselves, for failing to pay my account by non Direct debit.

You should demonstrate to me,in doing so that the charges are not a penalty,or unfair contract term in the meanings of the same.

 

In the event that this matter is escalated to County Court,I would be seeking an order for full disclosure,in the absence of you failing or unwilling to provide it.

 

Pre action protocols direct that I give you opportunity to provide this information,and I reserve the right to bring this letter to the Courts attention should it be needed at a later date.

[MARTIN3030]

Think you will find though that it does say in the T&C's of contract that a charge will be made if customer does not pay by D/D and these terms are accepted by the customer with acceptance and use of phone.

 

To my knowledge, when this is clearly printed in the contractual agreement not one person has had those charges refunded once contract under way or when contract ended (unless of course charged incorrectly when D/D in place!) Quite a few have tried, but courts say -nope, you agreed to it - pay it!

 

btw, have noticed a couple of service providers have increased their charges overall, done away with a 'non D/D fee' then given the amount previously charged to the others as a discount (to those who pay D/D) - pretty clever, they still getting their money and those not paying D/D are still paying more anyway!

 

 

It is not the case that there have been lots of lost cases.

In fact there have not been many,with settlements being made BEFORE the hearing.

 

There HAVE been some lost cases,but these have been where the submissions have been very poor-if not disastrous.

 

If you can get a Judge to order disclosure-preferably in the early stages of litigation,then its fairly certain you will win.

The defence will simply not be prepared to supply cost breakdowns.