Stoney -vs- ASDA StoreCard

[Movingon]

I have an Asda Storecard, fairly new, and they have lobbed a £12 late payment fee on there. Oh, no - I don't think so. Straight in there with the letter. This is a very confrontational letter; if you're new to this and don't want to mess it up, make sure you stick with the templates on the site.

 

Dear Sirs

 

 

PENALTY CHARGES

 

 

I note from my latest statement that you have levied a “Late Payment Fee” of £12 dated 2nd Jan 2007. When I opened my Asda Storecard account with you, it was an implied term of the agreement that you would conduct yourselves lawfully as the administrators of this credit facility; and I am therefore shocked that you would levy such a charge. You will remember that the OFT Statement on Default Charges of April 2006 made quite clear that these charges are unlawful – and further stated that the absolute maximum that could be charged before they themselves took legal action was £12.

 

 

Rest assured that I have no such limit. I believe that this charge vastly exceeds your liquidated losses, incurred as a result of my breach, and therefore I can confirm that unless you can show me figures which support this level of charge – including a complete and exhaustive schedule of the exact costs to which you have been put, I shall not be paying it. I would therefore suggest that the most sensible course would be for you to remove it from my account forthwith.

 

 

I look forward to your reply, confirming the removal of the charge, before the end of January 2007.

 

 

Yours faithfully,

[blacksheep1979]

nice - although I wonder if financial institutes could argue that by you arguing the charge that it does now indeed cost them near enough £12 to respond.

[Movingon]

Yes by all means; but that's nothing to do with the initial charge (which is levied unlawfully thus PROMPTING me to write). It's not a chicken and egg argument; their charge came and then I wrote. If they levied charges which were realistically set then I would not write