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HP Mum v Creation (Store Card) reclaim late fees HELP

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i am a little nervous about the hearing

 

 

I have not done this before.

Is there a simple way to prepare?

I do intend tomorrow to read over all the cases I included in my trial bundle. But I am still not sure I understand the 2 key issues about how I can claim they are illegal penalty charges and why I can claim back 10y I did understand but so many months have passed and I have other things n my head now

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I will try and simplify the argument if i can, hopefully if i miss anything, others will jump in.

 

You are claiming the payment of the charges is a mistake of law or a mistake of fact, therefore they are recoverable plus interest in restitution, as per Kleinwort benson. http://swarb.co.uk/kleinwort-benson-ltd-v-lincoln-city-council-etc-hl-29-jul-1998/

 

You are entitled to compound interest as per the case of sempra at the rate that the defendant re lends the money at, to prevent unjust enrichment and to restore the balance https://www.slaughterandmay.com/media/1428828/sempra_metals_a_simple_solution_to_compund_interest.pdf

 

The Limitation Act 1980 affords you the opportunity to claim back payments made by mistake by virtue of s32 (1)© It states that the period of limitation does not begin to run until you discovered the mistake http://www.legislation.gov.uk/ukpga/1980/58

 

 

I may not have worded it 100% correctly but this is the basis of the legalities of why you are claiming them back.

 

Refer back to your PoC which refer to the above


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Thank You

That does simplify it,

I will try to keep it simple in my head at the hearing...

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Martin2006 thanks for these links as they are very useful for something I am working on..

 

MM


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Martin2006 thanks for these links as they are very useful for something I am working on..

 

MM

 

It seems that ParkEye is superceding any other defence. What should I do?

 

Late evidence is admissable in small claims

 

So I have no time to assess and argue

 

Can someone advise on Parkeye / Beavis please. Case hearing coming up and need to be prepared....

How does one argue against this case? Is it relevant or can one still argue KB?

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have you a thread on your PE issue?


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No.

But it seems that this legislation is what bank defence teams wish to rely on now.

And I don't know how to argue KB is more relevant

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sorry getting confused I thought you had a parking eye case running on a parking ticket

ignore me. then


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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Reclaim Bank Account, Loan & Credit Card Charges Read Here

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that's ok dx

 

 

Does anyone have any info on this recent legislation on ParkingEye?

Would be most useful?

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Well yes its all over the private parking forum

But I can't see the relevance to penalty charges

 

In what was are they referring to it?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I think they're using the Beavis v Parking Eye case ruling as precedent that a penalty does NOT have to reflect the actual costs caused to one party by the transgression of the other.

 

:-(


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I have also posted this to your other thread mum

 

 

 

My understanding mum is that in Beavis, the "penalty" charge of £85 is put there as a deterent, to stop people overstaying and thus taking up a parking space for a whole day instaed of the maximum 2 hours.

 

Perfectly understandable where parking spaces are limited in a shopping center for example, however, that does not resonate with a bank or card charge so imo is irrelevant.

 

i mean it makes no difference about how long you breach for with a bank/card charge, 1 minute and its £12. 14 days and its still £12.

 

When the OFT produced the 2006 guidelines, "Calculating fair default charges in credit card contracts" the following is stated:

 

5.3 As a practical measure, to help discourage a swift change in market practice, we are setting a simple monetary threshold for intervention by us on default charges. The threshold is £12

 

5.5 We regard the setting of the threshold as a provisional practice measure to move the market toward compliance. We should make it quite clear that we are not inviting banks to align their charges at such a threshold figure. We are not proposing that default fees should be equivalent to the threshold and a court will certainly not consider that a default fee is fair just because it is below the threshold

 

It isnt about how we use beavis in our favour, its about how we argue that its irrelevant to your case.


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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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