Jump to content


PaulMcScouse Vs Capital One


PaulMc1981
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5528 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Sent first letter yesterday going straight for he kill! Did'nt know about having to ask for your statements first!! Anyone seen this letter that I sent before ?

 

DATE

 

 

Dear Sirs

 

Account Number

Sort Code

 

Due to recent media coverage on bank and credit card charges I am now aware that you, Capital One, have been charging me charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.

 

I believe that your charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.

 

Your charges appear to be nothing more than a profit-making scheme. Therefore I require you to refund all charges representing the total amount which are deemed unlawful during the months applicable. I hereby give you 14 days to refund the charges back to me and close my account. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts without further warning. This action will inevitably involve you in additional costs.

 

Yours Sincerely

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...