Loan Charges

[nicho1120]

Can anyone help me. I have written to a company with regards to charges I received on a secured loan I have no paid off. I was charged a total of £252 in charges for phone calls and letters that I received. They charged me £18 for both for each letter and phone call. I have sent letter for repayment and have received the following reply :-

 

Clause 7 of the terms and conditions of the agreement clearly states that we will recover from you costs incurred in the administartion of the agreement including communicating with you and collecting any unpaid sums due. Our tariff of charges also clearly identified the fees that may be charged during the term of the loan, details of which were provided to you with the original advance cheques.

 

The office of fair trading has to date only identified fees on credit cards as unfair. As your account was loan secured on the property it does not fall under this definition and therefore I regret that I am not prepared to consider a refund of fees.

 

What should I do next???

 

Does anyone believe that I have a case to get my charges back???

[ozzywizard]

You will get your charges back, keep going and stick to your timetable. The charges are unlawfull.

[nicho1120]

cheers ozzywizard.

 

Is there anthing that i should put in the letter especially with regards to the OFT or about justifying their charges. Any cases that I should back the claim up with ???

[nicho1120]

just ready to write my reply now. As above post is there anything that I should include in the letter except for the usual LBA ????

[itsmeandonlyme]

just ready to write my reply now. As above post is there anything that I should include in the letter except for the usual LBA ????

 

I do not think so..stick to the usual LBA...everything has to be as simple as possible for you:)))keep going:))

[WILKINSS208]

i am doing the same with cabot and paragon, they both charged me up to £20 for a telephone call!!!!! How long were they talking to me, 5 hours?? I think not!! I was probably at work as well.

Anyway, I am sending my request for charges this weekend as they owe me £946

[nicho1120]

Anybody help me. I have taken my complaint to the FLA who have forwarded it on to the loan provider.They are basically saying that they have considered the OFT's findings on charges but say they do not accept the principle that its findings apply to this type of account an are un willing to pay up. Just writing a reply, what should I put in the letter ?????

[nicho1120]

anyone able to help me ????

[steven4064]

nicho

 

I'm sorry I've not read your thread before. Can we go back to the original post. If the charges you are reclaiming are just for phone calls and letters, I don't think you can reclaim them. On a loan account, I think the only charge you can recalim is a charge for late payment - that is the only sort of charge that would constitute a penalty.

 

You might be able to claim that £18 is too much for a phone call or letter but that would have to be under something like s15 of the Supply of Goods and Services Act 1982. I think you might have a hard time if it came to court. If your T&Cs actually say £18, then s15 wouldn't apply anyway.

[nicho1120]

thing is as far asi am aware i havent received any terms and conditions. I brought this up with the FLA but they have said that it has to go through the companies procedures before going to the FLA to deal with.