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    • Email,. today from BW Legal    Without Prejudice Save as to Costs 09 April 2020 Dear XXXXXXX Our Client: PRAC Financial Limited Balance Due: £521.65 Hearing Venue: XXXXXXXX Original Creditor: Instant Cash Loans Ltd trading as Payday UK Original Account Number: XXXXXXX Hearing Date: 16 June 2020 We are writing to you because the court has listed our client's claim for a court hearing on 16 June 2020. We understand this is a difficult time for everyone, which is why our client is keen to resolve matters amicably by offering you the opportunity to pay a discounted balance on the sums due. We wanted to let you know that we are available to assist you throughout this time via numerous methods, from our Contact Centre, Webchat and our Customer Portal. We want to ensure that if you are or have been directly or indirectly impacted by COVID-19, that you still get to the best advice and reassurance about how to manage your account with us. Please call us on 0113 468 3021 or speak to us via Webchat so we can assist you at this time, we just need to understand your circumstances in order that we can help. Great News - 35% Discount Offer Our client wants to help with any possible financial burden that you may have and we are able to now offer you a pre-approved discount. This can be paid in one lump sum, or you can pay this over a pre-agreed instalment plan. This offer is open until 09 May 2020. What is even better for you is that you do not need to call us to accept this offer if this is affordable to you. Just log in, or register to use our Customer Portal www.bwlegal.co.uk and select "Customer Login". The pre-approved settlement and plan is ready for you to accept. You need to quote our reference, along with your address details and a couple of other security questions in order to register. Our Customer Portal is very easy to navigate and you can choose various different payment methods and payment dates. You can also use the payment calculator, view your account, statement and talk to us via Webchat if you need assistance. Strictly, without prejudice, the discount available is 35% from your current balance. If you do take advantage of the offer, the revised amount to pay will be £339.07 if paid by 09 May 2020. If you cannot afford to pay the discounted amount in full, do not worry. If affordable for you, you can still take advantage of the offer by repayment plan. We have a pre-approved monthly instalment amount of £20.00. The plan has been recommended to take into account estimated disposable income. We have also made it easy for you to accept the offer without having to call us. If this is affordable to you then simply log onto our Customer Portal and accept to pay the offer by instalments. You will be able to choose the first payment date and payment method. Once the offer has been accepted, we will withdraw the claim and notify the court that the hearing listed on 16 June 2020 does not need to go ahead. If you have filed a counterclaim, you will need to ensure that you inform the court and ourselves, in writing, that you no longer wish to proceed with the counterclaim. Important information about credit reporting When you opt to set up a discounted repayment plan, if our client already reports your account to a credit reference agency then they will continue to report your balance and payment each month. On receipt of your final payment, our client will then mark your agreement as closed with the status "settlement".   Yours sincerely, BW Legal
    • Note that most experts believe that re infection cases are faulty tests. Plus there are always a small number of people who can get something twice. I can attest to this as I was unfortunate enough to get Chicken Pox again as an adult, something I wouldn’t wish on anybody.
    • Post 16  https://www.consumeractiongroup.co.uk/topic/420400-vcs-spycar-pcn-no-stopping-southend-airport/?tab=comments#comment-5040496   Post 23  https://www.consumeractiongroup.co.uk/topic/419312-vcs-pcn-no-stopping-in-restricted-zone-bristol-airport/#comments   Here are two good examples.  Tweak them according to your circumstances and post up what you intend to send.
    • FCA announcement 9/4/20 From interest-free overdrafts to credit card payments, the FCA has told banks to help borrowers during coronavirus crisis: What will it mean for you? The FCA said banks must offer interest-free overdraft buffers of £500 It also said people could put their credit card repayments on hold for 3 months This would not affect their credit score but they would still be charged interest This is Money explains what the proposals mean for consumers     https://www.dailymail.co.uk/money/cardsloans/article-8203647/What-todays-new-FCA-debt-measures-mean-you.html   https://www.fca.org.uk/news/press-releases/fca-confirms-temporary-financial-relief-customers-impacted-coronavirus
    • From interest-free overdrafts to credit card payments, the FCA has told banks to help borrowers during coronavirus crisis: What will it mean for you? The FCA said banks must offer interest-free overdraft buffers of £500 It also said people could put their credit card repayments on hold for 3 months This would not affect their credit score but they would still be charged interest This is Money explains what the proposals mean for consumers     https://www.dailymail.co.uk/money/cardsloans/article-8203647/What-todays-new-FCA-debt-measures-mean-you.html   https://www.fca.org.uk/news/press-releases/fca-confirms-temporary-financial-relief-customers-impacted-coronavirus
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darkflex152k

bristol west erc

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hi,

first ever post !! i have emailed bristol and west about erc totalling almost £7k, have had a standard letter back from MrsTucker advising i signed the terms and conditions etc. I relised I went about it the wrong way so have sent them the following template

 

Request for repayment of early redemption charge

 

Dear Sir/Madam

 

Account Number: xxxxxxxxx

 

I am writing to request a refund of the early redemption charge of £xxxx which was debited to my account on xx/xx/xxxx. I now understand that this charge is in all likelihood disproportionate to the costs that you actually incured. As such, this penalty is unlawful at Common Law, Statute and recent consumer regulations. Such disproportionate charges are considered to be unfair per se by the OFT who reported on 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

If you believe that this charge is proportionate to the costs you have incured as a result of the early redemption of my mortgage, could you please demonstrate this by providing a full breakdown of those costs or a pre-estimate of your losses. Please note that I do not require an explanation as to why this charge was made; I am fully aware of the terms and conditions of my mortgage. What I require is a breakdown of your costs in order to reassure me that the charge is justified.

 

Having taken legal advice on this matter it is very clear, as you will no doubt be aware, that English contract law requires such charges to be a genuine pre-estimate of your losses. In the case of Castaneda and Others v Clydebank Engineering and Shipbuilding Co Ltd., (1902) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incured from a breach of contract as opposed to a charge which represents a penalty. This was upheld in the case of Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79. In addition to this, your charge represents an unfair term of contract which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SL. 1999/2083). Your charges constitute an unfair penalty under Schedule 2 of the said regulations which provide an indicative and non-exhaustive list of terms which may be regarded as unfair. Under paragraph 1(e) of schedule 2 this specifically includes terms which have the object of requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation.

 

I would also like to bring to your attention the following statement by the Office of Fair Trading:

 

A term in a mortgage agreement which requires the borrower to pay more for breaching the contract than actual costs and losses caused to the lender by the breach (or a genuine pre-estimate of that) is likely to be regarded as an unfair penalty and to be unenforceable at Common Law and (in a consumer mortgage) under the Unfair Terms in Consumer Contracts Regulations.

 

The fact that I signed the mortgage offer containing the term relating to the early redemption charge does not make this term enforceable, as I’m sure your legal department are fully aware.

 

I will now give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or if you do not respond positively, within this time period, I shall send you a Letter Before Action giving you a further 14 days in which to reflect. While I would like to settle this matter amicably and without the need for court action and the attendant publicity this will receive, you can take this letter as 28 days notice of my intention to issue a claim should you not comply with my request. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

Yours faithfully,

 

 

***anyone had any luck with this ??**

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Hi Darkflex,

 

Bristol & West aren't the easiest of companies to deal with AlanfromDerby has recently had success with them (not ERC after a long battle starting in February (I think but may be wrong).

 

It is still early days, although there have been several successful ERC claims have a look through the other institutions successes. In particular Halifax, Birmingham Midshires, Alliance and Leceister, Natwest and Gmac have all paid out on ERCs.

 

There are a few claims against B &W going through at the moment.

 

Best of luck

 

Zoot

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just had a reply today :normal blurb then :

 

i note your comments this " penalty is umlawful at Common Law, Statute and recent consumer regulations" however we are not aware that there have been any rulings around these charges, if you are able to provide appropiate literature with this regards, we will review and consider accordingly.

 

You go onto say that we should not refer to your contract, however this is impossible as you make reference to the Unfair terms in Consumer ContractsRegulations (SL199/2083). You also refer to your mge agreement which itself is your contract with us. At the time you entered into this contract all terms were clearly set out. You had legal representation, so would have been advised of these terms.

 

The mge product which you agreed to take , gave you a beneficial intrest rate, which if repaired earlier resulted in the ERC, and this was made transparent at the outset

 

The mge deed itself would refer you back to the terms under whcih the mge was granted, which would confirm the fees payable.

 

If court action is iniated we will produce this letter. I am unable to comply with your refund for the ERC

 

 

WHAT NOW ???????????????

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Hi Darkflex,

 

wait the appropriate time and send the LBA.

 

All the best

 

Zoot

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...sorry do I not try and give them more time.... what is the appropiate time to give them ??

 

any one have any luck with bristol and west ??

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14 days after preliminary letter.;)

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Hello,

 

I sent off the prelim letter waited 14 days then sent off the LBA, they were rude enough to offer me a measley £60. I am in the middle of moving house at the moment so in a week or so I will file a court claim.

 

From everything I have seen and read on this site... stick to your time table as much as possible as they will push it back and back and hope you give up...

 

Do not give up! Its your money!!!!


09.12.2006 B&W LBA sent

 

22.11.2006 B&W prelim letter sent asking £5500.32

 

23.11.2006 TMB S.A.R - (Subject Access Request) sent

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i have sent them a letter before action "letter" today see what happens now !!

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Bristol & West aren't the easiest of companies to deal with AlanfromDerby has recently had success with them (not ERC after a long battle starting in February (I think but may be wrong).

 

Yes, you are correct - the first letter was sent on 16th February and we are now in the final stages of settlement.

 

Keep strong, ensure that YOU set the timetable, and don't be put off by their attempts to intimidate you with legal jargon and threats over legal costs.

 

Look forward to reading your progress, although zoot is the expert on ERC's.

 

All the best.


Alan, Derby, UK.

 

 

 

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________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Hey darkflex hows it going?

 

Have you filed? Sorry no response in ages Ive been offline moving house.


09.12.2006 B&W LBA sent

 

22.11.2006 B&W prelim letter sent asking £5500.32

 

23.11.2006 TMB S.A.R - (Subject Access Request) sent

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I sent my LBA last week. No news as yet...


Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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hi,

sorry for the delay in responding, no i haven't done so, i have other mortgages with b west and am concerned they might do something to them, I want to make sure it it solid for success before i take them to court, I send them the LBA letter and they basically rebuffed me again saying no, i signed the terms and conditions etc

 

Regards

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Don't even think about issuing a claim in the current climate.


Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Don't even think about issuing a claim in the current climate.

 

Ditto, I've put mine on ice for now


09.12.2006 B&W LBA sent

 

22.11.2006 B&W prelim letter sent asking £5500.32

 

23.11.2006 TMB S.A.R - (Subject Access Request) sent

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Darkflex.

 

DO NOT FILE YOUR CLAIM !

 

There have been a number of claim during the last week that have been defeated, leaving the user with a huge bill for the costs including the cost of a barrister.

 

Put your claim on hold for the time being.

 

Regards, Rooster.


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