Log Book Loans!! *****WON*****

[MARTIN3030]

As I see it you need to proceed to get a breakdown of the costs.

Like taking on the banks you should request that they show you the charges are fair and in proportion to their costs.

If they are unable or unwilling to do this then its a pretty fair assumption that they are penalty related charges (as they initially appear to be )

 

Your initial action should be a sar and you should make it clear that you want all transaction data from the account

You should request details of any manual intervention......this is important if they are going to rely on it later as an excuse.

 

The banks temp letter for dpa requests would be suitable with a little modification.

 

You should continue to repay any agreed amounts,although once you start legal proceedings for recovery of charges,then you should inform them to suspend recovery action whilst the account is in dispute.

 

I hope all this is clear.

[MARTIN3030]

You could of course continue with the prelim.

The main thing is that you give them adequate time and opportunity to address your claims that they are penalties that are unlawful.

You should ask for a breakdown as to how these charges are in proportion to their costs.

Its likely that they wont give you these and respond either by saying they are commercialiy sensitive or that they are fair and reasonable (or both) but that gives you ammo to move on.

 

You need to show they have refused to answer this question later as some of the laws relied on to pursue the case rely on this in itself.

 

It is possible that any manually intervened data could favour a claim,but it is not 100% certain that they would supply it knowing this to be the case.

 

I suggest that you do a charges schedule and send that as well.

[MARTIN3030]

Yes that looks ok

 

If there ARE by any chance any of these charges that they can legitimately defend then you are giving them 14 days to prove it.

 

Will be interesting to see their response the banks are addressing it all with an air of predictability but for someone who has not seen one of these letters well .........

 

Get it off then

 

And keep us posted.

 

[MARTIN3030]

No probs go get em

 

[MARTIN3030]

Nice work Boo.......onto the final hurdle.

The responses you have had so far are typical and pretty much standard stuff.

 

You are armed with all the legal jargon that will win you through........its something they dont like to hear,but thats because they can offer no real defence.