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grantyblade
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From what I understand from my research we are entitled to claim the charges back as they are dispropotionately high. We all know there is no way it costs them £5 to make a phone call etc.

I found a few templates during my research and have adapted one of those, i posted it on my thread.

Additionally, we are entitled to claim for the stat interest rate of 8% from the date the charges were applied to the account.

Any advice is freely given. Most of the advice given is information I have learnt from CAG and fellow Caggers. I am in no way legally trained, so please do not take my advice/opinion as gospel

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Looking at claiming back the telephone charges etc they have added to my account, but I have a question. On my statements there are the 'Ad Hoc' and 'Capitilisation' fees dotted around 'willy nilly'. Can these be claimed back? Or under what circumstances could they be?

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capitalisation is what was formerly known as interest

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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the Add Hoc was used by welcome prior to 2008. I had some on my statement. I checked the transactions prior to this add hoc fee being added. For example for one add hoc fee it states direct debit credit (XXXX) direct debit debit (XXXXX) then add hoc fee £ 20 so clearly this was their direct debit cancelled fee.

 

Check the amount for the add hoc fee. Add hoc fee for£ 10 is probably the letter fee and for £ 5 the telephone fee.

Any advice is freely given. Most of the advice given is information I have learnt from CAG and fellow Caggers. I am in no way legally trained, so please do not take my advice/opinion as gospel

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For this reason, I think they are reclaimable

Edited by laverda1147
typos

Any advice is freely given. Most of the advice given is information I have learnt from CAG and fellow Caggers. I am in no way legally trained, so please do not take my advice/opinion as gospel

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I agree with lav going on what has been said

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Well yes looking at the charges they are all round figures for either £5, £10 or £20 so they are charges as such for telephone or letters. One very worrying one is there is a charge of £400!!!! and a £92.75. Neither of which make sense looking through the statements. Claim letter going in! Hope they send cheque though and don't redress my balance or maybe arrears with it.

 

Although I have had a letter saying they've terminated my account and so I can't VT and can only Voluntarily Surrender (which I won't be doing) they still send letters for me to make a payment to get my account 'back on track'.! Laughable!

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Hi granty hope you are well. put in the letter you would like to be refunded by cheque worst that can happen is they say no :)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Id prob put 14 days :)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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I gave them 14 days, though I was tempted to put otherwise.

Any advice is freely given. Most of the advice given is information I have learnt from CAG and fellow Caggers. I am in no way legally trained, so please do not take my advice/opinion as gospel

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  • 2 weeks later...

Any news laverda on your claim? My letter finally went today, busy busy easter.

 

Still don't know whats going on with my account. Sent the unlawful repudaition letter weeks ago. Would just like to know where I stand now. Either have I successfully VT'd or is the account just mutually terminated? How could I find out and know what to do next? Should I write to them asking the above or is it just a waiting game and wait for their next move?

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Any news laverda on your claim? My letter finally went today, busy busy easter.

 

Had a letter from them today. In a nutshell, they are refusing to admit the charges are unreasonable and unenforcable. However, they have conveniently reviewed the accounts and refunded charges which were applied in error.

Edited by laverda1147
typo

Any advice is freely given. Most of the advice given is information I have learnt from CAG and fellow Caggers. I am in no way legally trained, so please do not take my advice/opinion as gospel

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So not fantastic then? Did they add up to much? You thinking about contesting further? It cannot cost them £5, £10 or even £20 for a phone call or letter! Or even £25 for a visit when their office is 1 mile away!!

 

Did they just refund off the balance/arrears(if any?) or send you cheque?

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Actually not that bad. over £100 was refunded back to the current live agreement, while a further £100 was sent by cheque for the closed account. I think that really it wasn't so bad, they did something at least did act on the letter.

Expect a snotty letter back from them when they read your letter. Plus their reply will arrive just within the 14 day period

Any advice is freely given. Most of the advice given is information I have learnt from CAG and fellow Caggers. I am in no way legally trained, so please do not take my advice/opinion as gospel

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Hey guys,

 

Saturday AM recieved a 2nd Default notice!! Is this possible? They sent me a DN on 24th Dec 09, which thankfully is defective (from the feedback on here). They sent a TN beginning of March, which again is defective (again from feedback). I sent them a VT beginning of february. Now I sent them a letter accepting unlawful repudiation middle of march, is this 2nd default now trying to out do the first? I still believe however that this 2nd DN is defective, not at home at moment to scan but will type relevant details below:-

 

1. The covering letter doesn't say WITHOUT PREJUDICE this time!

2. The letter is dated 3/4/10 - easter saturday, recieved letter sat 10th. (kept the envelope)

3. In letter the following paragraph is enterred ast the bottom -

" This notice should include a copy of the current Office of Fair trading Information sheet blah blah blah. If it is not included, you should contact us to get one."

Now I didn't get one, I thought they MUST put one in??

 

4. Then it tells me I should urgently contact the undersigned on the letter - BUT no signature from them and no name to contact!!

 

On the actual DN it says (in brief!)

 

1 Served under section 87(1) of the CCA 1974

2. Date of notice 3/4/10

3. To remedy breach must pay arrears of XXXXXX within fourteen (14) days.

4. Further action etc etc may be taken

5. DN - not signed

 

Obviously now having recieved this 2nd DN, I need to know where I stand. Any ideas or help anyone would be most appreciated.

 

Thanks in advance

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So does anybody think that because they sent a 2nd DN, they admit that their 1st DN was defective? Although this 2nd one is too? What position can they be in to send a 2nd one if they had sent me a TN. Can they send a DN on a terminated account?

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I would say 2nd DN is irrelevant as it was on a terminated account by terminating they released themselves from the privilege of doing anything such as sending DN :rolleyes:

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Beyond,

 

yeah that seems to be common consesus. cannot get my head around them. They really do not know what they are doing! Following your thread with great interest as I maybe heading there (with luck?? if they repo car witghout court order).

 

I have 3 outstanding issues in their hands at the mo. 1. PPI and other insurances reclaim from 1 st loan. 2. Charges reclaim. 3. unlawful repudiation (btw you ever get a response to that? - or just the repo of the car?).

Tax and MOT run out on my car end of month, not sure whether to renew them.

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Beyond,

 

yeah that seems to be common consesus. cannot get my head around them. They really do not know what they are doing! Following your thread with great interest as I maybe heading there (with luck?? if they repo car witghout court order).

 

I have 3 outstanding issues in their hands at the mo. 1. PPI and other insurances reclaim from 1 st loan. 2. Charges reclaim. 3. unlawful repudiation (btw you ever get a response to that? - or just the repo of the car?).

Tax and MOT run out on my car end of month, not sure whether to renew them.

 

Ive had the same issues with them going around in circles since November and ive not queried everything on the agreement as I had a feeling id be talking to a wall :lol: I id have a response from the local office saying basically we dont know what you are talking about we issued a default and have now terminated heres a copy of said default notice :rolleyes: thanks for that but its still defective however many times you send me it :rolleyes: they terminated 1st feb and repo'd 11th march

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Beyond,

 

Without reading thru your thread again (it is long!) you had paid over 1/3 or 1/2 hadn't you? can't remember. And I seem to recall they repo'd without court order! You must be laughing!

 

 

nope under 1/3 so no order needed anyway :)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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