Allan's V Preffered

[paulpb123]

The POC is on Zoot's thread somewhere.

[Paul65]

yer just found it thanks paul

[Longleigh10]

Hi Paul65,

Glad that's now sorted, I used the following on my claim:

We entered a contract with the defendant mortgage provider in February 2006 which was conducted on their standard terms and conditions. We are claiming the return of money taken by the defendant in the way of a redemption penalty charge in July 2006 on account no 7172216. This charge relates to our breach of contract in that we terminated the contract before the agreed period. The defendant's charge for our breach is a disproportionate penalty and therefore unenforceable as it is contrary to common law as established in Dunlop Pneumatic Tyre Co

Ltd v New Garage and Motor Co Ltd [1915] AC 79. Further, as a disproportionate penalty it is invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). We have repeatedly asked the defendant to justify their charges but they have declined to do so.

[Paul65]

i am also claimng all charges to the account, not just redemption.

[maguire1980]

Hi there Paul, I've just sent Preferred a letter today regarding charges and the ERC. Can I ask if you have had a further progress with your case?

 

L

[Paul65]

sorry no, im still at the Mcol stage waiting to get the funds to procceed.

they will give you nothing with regards to letters, you WILL have to take them to court, i'm sure they are rather thick