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Opinion requested - Am I correct regarding repudiation of contract?


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I have a credit charges reclaim ongoing with Natwest Mastercard - we have been haggling for a while now over restitutionary interest, but we are nearly at a stage where I am minded to accept their offer.

 

However - we have one major stumbling block. They say any rebate will be applied to the outstanding balance of the account, I say they must send it to me, less the arrears stated on the default notice they issued.

 

My grounds for this are :

 

1. I originally applied for my CCA in October 2009. They swiftly responded, saying in essence that 'we can find no paperwork for you, however we expect you to carry on paying'. I formally placed the account in dispute upon receipt of their letter.

 

2. I wrote to them three times requesting a refund of unlawful charges/interest (by recorded delivery) and they completely ignored me, save to issue a default notice, followed by a termination notice.

 

3. I sent a 14 day LBA and it was only at this point that they acknowedged me. Since then we have exchanged letters and arrived at a stage where Im minded to accept the amount of their offer, but cannot accept their method.

 

I realise I may be letting my anger at being ignored for 9 months cloud my judgement, but in my eyes they repudiated the agreement (which they cannot produce) by terminating it when it was in clear written dispute. They now want to tell me how they are going to settle. In my opinion they should refund me the £1700 less £190 arrears on their DN. I would add that those 'arrears' only arose after i placed the account into dispute.

 

Would I be wasting my time by taking this to court if they do not back down?

 

 

Any opinion (for or against) would be welcome.

Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

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