Phase 3 - Received charges + data

[PrincessAphrodite]

Ci,

 

Have input all my data and will be altering the "template letter" today to accompany it - they owe me approx £600 in total. I will allow them 14 days to refund in full or will take them to the courts.

 

Will keep you posted and good luck to you too!

[ci]

Aphrodite - I'm doing the same so will keep you posted as well

[ci]

Aphrodite - I'm doing the same so will keep you posted as well

[ci]

Here's my 2nd letter so lets see what happens !!

 

Firstly I would like to thank you for your reply to my original letter and for organising the swift supply of the requested charges on this account over the last six years. However I must draw your attention back to my original letter as I feel your response does not address my request or concerns. It is still of my opinion, and that of the Office of Fair Trading (OFT), that these charges are punitive in nature, not a genuine pre-estimate of cost and not intended to re-imburse your losses for a breach of contract occurring. Further to the 1999 Consumer Credit Regulations quoted by the OFT, there are numerous cases in law that prove that punitive charges in contracts are unenforceable at English law as listed on my previous correspondence .

 

Therefore further to these cases, I still believe these charges to be a direct breach of the 1977 Unfair Terms (contracts) Act which require that contract terms be reasonable. I do not believe these charges are reasonable as outlined in the aforementioned act.

 

With this in mind, I respectfully request that you return to me all charges made on this account for the last six years which total £1377 for the period to January 31st 2006 and in addition any charges for the month of February 2006 within fourteen days of receipt of this letter by way of personal cheque. If you choose not to do so you will leave me no choice but to start proceedings for recovery in the County Courts, as I believe that legally I am entitled to this money back. By doing so, you will be eligible for my court costs and for an extra 8% APR as allowed by the County Courts Act (1984).

[ci]

Here's my 2nd letter so lets see what happens !!

 

Firstly I would like to thank you for your reply to my original letter and for organising the swift supply of the requested charges on this account over the last six years. However I must draw your attention back to my original letter as I feel your response does not address my request or concerns. It is still of my opinion, and that of the Office of Fair Trading (OFT), that these charges are punitive in nature, not a genuine pre-estimate of cost and not intended to re-imburse your losses for a breach of contract occurring. Further to the 1999 Consumer Credit Regulations quoted by the OFT, there are numerous cases in law that prove that punitive charges in contracts are unenforceable at English law as listed on my previous correspondence .

 

Therefore further to these cases, I still believe these charges to be a direct breach of the 1977 Unfair Terms (contracts) Act which require that contract terms be reasonable. I do not believe these charges are reasonable as outlined in the aforementioned act.

 

With this in mind, I respectfully request that you return to me all charges made on this account for the last six years which total £1377 for the period to January 31st 2006 and in addition any charges for the month of February 2006 within fourteen days of receipt of this letter by way of personal cheque. If you choose not to do so you will leave me no choice but to start proceedings for recovery in the County Courts, as I believe that legally I am entitled to this money back. By doing so, you will be eligible for my court costs and for an extra 8% APR as allowed by the County Courts Act (1984).

[ci]

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group