Same method... Second Time Round?

[kbv1]

Hey

 

My brother won his charges back last week (which he has used to pay off some of his student overdraft,lol) but racked up another £150 in the last month. £60 which is due to come out on Friday and then £90 which is coming out July 1st.

 

He tried speaking to his branch to stop the charges going through as they know he won the last ones back and he explain this but they "cant" stop them. As th £90 isnt due until July 1st, does he have to wait until then to start the claim again, also is it the same proceedure as the first claim, as he has already won and didnt give up, and they know that, or is there another way of doing it 2nd time?

 

Also is the process quicker this time as they know he wont give up cuz he DEFINATLY knows he will win them back?

 

Hope someone can help

 

Cheers

[mattyb13]

I think the process would be the same but I think I would add a paragraph into the prelim and the LBA letters quoting my claim no and success

[kbv1]

is there a pre-written paragraph/ letter already written for this situation?

[davethorp]

Don't think so but something along the lines of

 

As you are no doubt aware I have already recovered the sum of [iNSERT SUM HERE] taken previously from my account in claim [iNSERT CLAIM NUMBER] in which [judgement was awarded against you/you settled before a court hearing/you dragged it out as long as possible hoping I would back down and only settled when you realised I wouldn't CHOOSE THE MOST APPROPRIATE ONE]. As this was a lengthy process, not to mention a costly one to yourselves, I hope we can avoid court this time around.

 

Should do the trick. Alter it as you like or to correct any grammar mistakes I have no doubt made

[CTUAgent]

Can you claim befoer the charges have come out?

[kbv1]

Hows this or is there info in there they dont need again? Or should i take out the 2 middle paragraphs?

 

 

 

As you are no doubt aware I have already recovered the sum of £588.44 taken previously from my account in claim XXXXX in which you settled before a court hearing As this was a lengthy process, not to mention a costly one to yourselves, I hope we can avoid court this time around.

 

I believe that your charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.

 

furthermore if you fail to comply with this letter, I request without further notice a breakdown and proof of all costs involved, in regards to your actual or liquidated losses involved in any breach of contract to which these charges relate with yourselves, and that these charges reflect your true costs In relation to the said charges, and are proportionate to the charges levied on my account as defined in Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e)

I also hereby request a detailed report of which clause in your terms and conditions each charge has been applied against.

 

Your charges appear to be nothing more than a profit-making scheme. Therefore I require you to refund me at a total of £150, representing the total, unlawful during the last 3 months. I hereby give you 14 days to refund the charges back on to my account. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts again without further warning. This action will inevitably involve you in additional costs.

 

Yours Sincerely

 

Im hoping too do it in future also, and with CC