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jamieprec1979

refund of charges

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We are looking to reclaim all charges on our paid account(accounting to around £800), and have sent the first letter requesting a refund. Has anyone had any experience/sucess with this.Many thanks

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We are looking to reclaim all charges on our paid account(accounting to around £800), and have sent the first letter requesting a refund. Has anyone had any experience/sucess with this.Many thanks

 

Hi Ya

 

The CCA 2006 will support your claim for overpaid charges.

 

This law guides you as to how often a lender can apply charges to a credit account - any charges over and above the legally quoted amounts are illegal and may be re-calimed.

 

Hope this helps?

 

Apple : )


[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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Hi Thanks,

 

I have had a response to say the charges are fair etc and a good will gesture of £250. I am now sending a letting saying i do not agree and i request a full refund within 14 days or i will submit a claim in the small claims court. How do you think i will get on?

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Hi jamie

 

If there bank charges, it will be difficult. You need to get a list of all your penalty charges, work out the contractual interest, spreadsheets are found on this site.

You can send a SAR Request (£10) to obtain statements.

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They are charges for late payments for telephone calls and letters at 12 a time so they are not classed as bank chargesm

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O.K. so your charging for your time, nice8)

 

Hi Rebel, I believe what Jamieprec means is, he isn't charging for his time, but is contesting the penalty charges for calls and letters sent to him and further charged to his Log Book Loan whilst the loan was active, but which he has now completed, and now feels, on reflection, are unfair.

 

The difficulty is always in balancing what it will cost in court fees for making the application and any other legal fees if you are not representing yourself, against what if any final order you get for refund of any charges. Hence the reason most settle prior to court hearings.

 

The costs for bringing these action can sometimes outstrip the actual charges contested. Hence the balancing act-Should one accept the offer or risk losing. The Log book companies take a commercial decision each time. So the best advice is to strip out the emotional elements and take your pick. Collect and get on with life or battle and take a risk but secure a potentially greater pay out.

 

Whatever the decision, good luck Jamieprec

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Thanks for your respnse, please could I ask what yoiu mean by commercial decision, I intend to go the small claims route as I don't think log bpok have attended court and justified the charges.

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Thanks for your respnse, please could I ask what yoiu mean by commercial decision,

 

Generally what is meant by "Commercial decision", is that every commercial concern (Business,) has to make a decision whether to proceed on the basis that finances invested by the business will be returned for the business/shareholders etc

 

Therefore the business has to weigh up the pros and cons of pursuing a legal case by investing the business's finances by obtaining legal counsel and fighting that case etc against the saving of legal costs involved for the business in potentially settling earlier and avoiding wasted legal costs if the defence failed.

 

It's all about the business weighing up the commercial risk exposure vs the true odds of winning the case using legal argument.

 

On the whole, the largest elements of legal costs aren't incurred at solicitors writing letters of legal argument why their client has a stronger case than the other side, (although Solicitor's fees are not cheap), but in the preparation leading up to and the representation at the hearing at court.

 

Many cases are therefore settled before hand, because of the spiralling legal costs, for both sides, once litigation costs kick in.

 

The cost of a Solicitor and of a higher cost, that of having a barrister representing the legal interest of the Business at the hearing, (if the legal case is of a complex nature), can represent substantially more than the amount being disputed.

 

So the decision to go ahead or not , defending any claim against the business is the "Commercial Decision " that, that business needs to make.

 

Hope that makes sense?

 

That is why, I am of the opinion, that whenever and whereever possible, it is in everyone's interest to try and attempt to settle disputes at the pre-litigation stage. Because legal costs on either side may not always be fully retrieveable, dependent on the circumstances.And one must always be aware that legal costs can run away from you. No point scoring a minor victory but it costing you more than you get in return, is there?

 

I intend to go the small claims route as I don't think log bpok have attended court and justified the charges.

 

Nine Regions Ltd have gone to court. The OFT have the following link that you may want to peruse for a listing of cases that would be worth reading up. This will give you an idea of the kind of defence that they may use or seek to use, before contemplating litigation action.

 

http://oft.gov.uk/shared_oft/business_leaflets/consumer_credit/unfair-relationships-cases.pdf

 

Remember, nothing in law, is ever preordained nor is it for certain that a judge will make this ruling or that judgment. One can never take anything for granted, when it comes to the law, regardless what others may suggest or say would be the outcome of any case.

 

Each case must be made on its own merits. Unless you have a precedent to rely on, in which case the probability is weighted more for you than against.

Edited by Hip_Hop

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Just an after thought, but one that most don't focus on initially. Have you checked the court fees for lodging the claim, sumitting the Allocation Questionnaire etc?. It is mind boggling the fees that the court requires that can amount to £100's unless you are fortunate enough to be fee exempt? And that doesn't include Solicitor fees for drafting up the Particulars of Claim etc.

 

Leaflet EX160A gives details and requirements to be court fee exempt eligible I raise this not to put anyone off but to consider in the first instance rather than after a lot of legwork and emotional input is sacrificed.

 

As someone who has had first hand experience of the substantial standard court fees that are required, (it is not cheap), one needs to be absolutely certain that they have a Prima Facie case to make before embarking down this route.

 

(In legal practice the term Prima Facie generally is used to describe two things: the presentation of sufficient evidence by a civil claimant to support the legal claim (a prima facie case), or a piece of evidence itself (prima facie evidence)).

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I have looked at the fees involved and its looking the maximum i would need to pay in the small claims court is £150 including allocation questionaire. Have sent a letter today that says i would prefer to settle pre-litigation so will see what they come back with. I have offered a lower amount to settle the claim but i am prepared to go to through the small claims route if needed.

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I think you are taking a very pragmatical approach. A reasonable offer above the initial £250 from them, will settle this without further aggro, but if not, you have kept the option open to limit costs as a LIP (Litigant In Person), by representing yourself, if you need to.

 

Good Luck

.

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Thanks for your response, will let you all know how we get on as they now have 14 days to respond.

Fingers crossed

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Thanks for your response, will let you all know how we get on as they now have 14 days to respond.

Fingers crossed

 

What initial response have you had? LBL are generally very bullish when dealing with the question of excessive charge claims, especially at early Pre-Litigation stage, as their in-house legal department has standard stock answers to fend off claims of excessive charges. But hey, you can never tell, they just might, if you can make a compelling argument that beats previous challenges, not want to counter claim,and just settle, as legal costs post filing docs can be prohibitive when dealing with such paltry sums in comparison. Hope the news is good?

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I have looked at the fees involved and its looking the maximum i would need to pay in the small claims court is £150 including allocation questionaire. Have sent a letter today that says i would prefer to settle pre-litigation so will see what they come back with. I have offered a lower amount to settle the claim but i am prepared to go to through the small claims route if needed.

 

It's not, there is another £150 after the allocation questionaire when you get given a court date. You have to pay that within a certain number of days and then if you decide to not proceed with the case you can get a refund as long as you cancel 7 days before your court case.

 

Good luck with fighting them :)

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