Littlewoods advice regarding claiming back charges

[Ryan88]

I am contemplating whether to send a SAR to Littlewoods because I'm not sure whether it is worth it?

 

I know for a fact I have been hit by their £12 charges on several occasions for late minimum payment, but I've also read that some people have had £12 charges just for recieving letters and attempted phone calls etc?

(not sure if the latter charges have been applied to my account)

 

I need all the money I can get at the moment, so sending £10 and paying recorded delivery just to get the SAR doesn't seem worth it unless I have a decent chance of claiming some of the charges back?

 

Are the £12 late payment fees ever able to be reclaimed?

 

Any advice gladly appreciated

[dx100uk]

yes they are

 

see a few of the other threds here in this forum.

 

dx

[Ryan88]

Thanks for your post. I've been reading a few threads regarding Littlewoods on here but can't seem to find one that offers 100% clarity regarding the issue.

 

On what grounds am I eligble to claim back the £12 fees for either

a. late minimum payment

b. insufficent minimum payment

[xmedia]

“Default charges are not 'core terms'

3.4 'Core terms' relate to the definition of the main subject matter of the

contract or to the adequacy of the price or remuneration as against the

services supplied in exchange. They are subject to the UTCCRs, but are

outside the scope of the test of fairness by virtue of Regulation 6(2). We

do not consider that terms providing for default/penalty charges are core terms.

(In this context the breaches of contract which may lead to a default

charge typically arise where a customer exceeds a credit limit, fails to

pay or fails to honour a payment date.) Consumers do not generally enter into

such contracts expecting to incur these charges. We consider that the

charges are not the substance of the bargain but are simply an incidental

charge that is applied if some of the main obligations are not complied

with. Furthermore these charges can only reflect the true loss to the company

and administration costs.

 

Basically for all they say it is in their terms and conditions for it to stand up in court they have to prove that it costs them £12 to send a letter or make a phone call, which they have never done in writing as they know it doesn't