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    • Hi   Thank you.   I am thinking of sending the below as a way of trying to just get it resolved before I do the small claims at the start of Feb.  My partner believes a less formal, less threating approach might work, eg I not just challenging his ego.  (I will do the costing that you requested over the weekend).   FORD KUGA  – RESPONSE TO YOUR LETTER RECEIVED 18/02/22   Thank you for your letter received on the 18th January 2022. This letter is the first time you have offered to refund the car (£3500) and I thank you for this, along with your admission that the car was reported faulty to you within days of its delivery. However, if you actually review our conversations on whatsapp and text you will see that a lot of the other points you have made in the letter are clearly not true when compared to our actual communication, which is why I am confident in making these complaints because I have evidence of how the conversation actually went.   However, the aim of this letter is to find a resolution and avoid taking you to court, so I would appreciate if you would consider that on top of the refund of the car, which you have agreed to, I deserve to at least be reimbursed for the work I have had done that I have messages that prove you agreed to.   The car needed a new head gasket, and now it has one, there would be no reason for me to have done this unless it was absolutely necessary. I'm not going to be making any profit here, I will still be losing money. You will be getting back a car in far better condition than you sold it in, so worth more to you in material value, with all the genuine invoices from a respected garage including lots other improvements that I'm not expecting you to pay for.   So you end up with a better car than you sold originally and none of the hassle, which is fair as I can possibly be; I hope that you can see that all I am trying to do here is recover the bare minimum of my costs in this scenario and put this six months of problems behind me, this in no way represents the actual time, effort and cash I have put into trying to solve this.   I am sure on reflection you will agree it is not fair for you to expect one of your customers to pay a repair bill for a fault on a car that was sold as having “No Issues” and then for you to only offer to refund of the original sale price, while then benefitting from the resulting repair.   In a compromise to find a speedy solution I am willing to discount the 'Refund Of The Delivery - £230' though this discount does not represent any admission that you are not fully liable for these costs if this does go to court.   I am willing to accept, without any further negotiation the below:   By the 1st February 2022 (A goodwill extension on the Letter Before Court date):   Refunded the Car & MOT - £3500 Reimbursement of Head-gasket repair - £1121.40 Total – £4621.40   Should £4621.40 not be paid and the car collected by the 1st February 2022 I will revert back to my claim of £4851.40 plus additional costs, not limited to but including interest, any due compensation and court fees.   Unfortunately due to your telephone conversation on the 13/1/22 I will not allow yourself (Mohammed Waqar) to attend either properties connected to me (BA14 0TA and SA14 7BU). This is easily resolved; I will allow your car delivery company to collect the vehicle from Mieri Eco Farm, Drefach, SA14 7BU and they may also inspect the vehicle. The car will not be released to anyone until £4621.40 is cleared into my bank account below.   I now required you to give me 72hrs notice via text message before the vehicle is collected.   If this does not happen before 1st February 2022 then I shall begin proceedings in the County Court for the recovery of the full sums of £4851.40 plus costs without further notice to you.  
    • The form is a submission page so I don't have a copy of the specific details that was entered. She has told me that she said 'what happened' and stated she wasn't the driver, simply the registered keeper of the car, which is correct, I was driving. We're not married, don't know if that makes it easier or not. It would appear the page alone is purely about acquiring information and not about giving anyone with a fair appeal the chance to resolve this. Shock.   She has emailed Jack Brereton this morning, explaining the situation and asking if he can help.  Unfortunately, her reaction is exactly what the scam artists wanted. Partner in hospital (me), she at home with a newborn child and feeling vulnerable and intimidated and scared of people knocking on the door. 
    • The Financial Conduct Authority (FCA) has banned insurers from quoting customers a higher price for renewing their home or motor insurance than they would for new customersView the full article
    • There is a 10 min grace period in all private carparks.   Do not appeal   Dx
    • The Financial Conduct Authority (FCA) is to launch two market studies and gather further information to investigate access to wholesale dataView the full article
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Extra charges found - resubmitting letters...


druygrok
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Hello all,

 

I'm claiming against Barclays for charges on a business account. I sent the preliminary request letter as per the guide. Standard "we need 28 days" response from the bank. Sent the letter before action; a little slack, sent it 3 weeks after the first. Similar "we need more time" response from the bank.

 

So far, so so-so. Now, re-checking statements, I notice that there are other charges. For every time a cheque was unpayable (£30, thank you), there is a corresponding 'referral charge' (another £30, thank you). The referral charges are collected together and charged on the next quarterly statement as one-off item.

 

My plan is to start the process again by resending a preliminary request letter with the following changes:

 

(Bear with me, I can't find a way to paste the new bits without the old. So rewritten parts in italics, existing shrunk.)

 

 

 

Further to my previous letters of 25th February 2007 and 29th March 2007; I have now discovered extra charges that you have levied against my account during the last two years. I am now writing to ask you to refund the charges listed in my first two letters plus these other charges.

 

All the comments from my previous letters stand. To recap:

 

I understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law. The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the bank; exceed any alleged actual loss to the bank in respect of any breaches of contract; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the bank which exercises the contractual term in respect of such charges with a view to profit. The precedent for this was Dunlop Pneumatic v New Garage [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963.

 

If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

 

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened this account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

 

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

I now calculate that you have taken £1,690.00. This includes an extra £670.00 to my previous letters of 25th February 2007 and 29th March 2007. I enclose a schedule of the charges which I am claiming with this letter, highlighting the newly discovered charges.

 

I again, hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. Since you already have two earlier letters relating to this matter, I’m sure you are close to writing to me with a significant respone. Rather than the standard letters you have issued to date.

 

I will 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 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. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

 

 

 

Just thought I'd post this and see what people think. And hopefully point out if I've made any risky mistakes.

 

Dan

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Hi,

I have just issued a claim against my bank (lloyds) on MCOL, however they have charged me another £90 since my last letter, so I just added it onto the claim, and sent a schedule of charges to the court. They are going to charge me another £30.00 next month, but I wanted to get the claim going as it is for £1050.00 and that will clear our overdraft.

 

Good luck with your claims...

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Apologies for not being too clear. I would delete 'To recap' and the following 5 paragraphs as long as that is what was contained in your original letter. (I am a great believer in making letters as simple and short as possible, as long as they cover the points to be made).

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