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hi wrote a letter to direct auto finance about the £15 letter charge and that it dosent cost them this to send it.they replied saying it wasent a penalty charge but a liquidation charge so did a search on it found this gonna put it in my letter to claim back.

 

. However, a liquidated damage clause will not be enforceable where it constitutes a “penalty”. The leading case on this point is Dunlop Ltd v New Garage Co Ltd (1915) AC 79, which laid down the principles what is a “penalty” in this context.

 

heres the link.Prettys Solicitors

 

hope its of help.

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Good old yes car credit, these people are a nightmare (we are in a court battle with them). It is a charge and therefore you can claim it back the same way you claim back bank charges. Good luck

 

Emma

HFC - Data protection letter sent - 17/07/06

- prim letter sent for £900 - 27/07/06

- LBA sent 10/08/06 asking for £945

- letter from HFC offering £450

- Letter from HFC offering £946.36

- Settled in full before filing MCOL

Ikea - Data protection letter sent - 31/07/06

- prim letter for £580 - 10/08/06

-Letter from ikea offering £250 - refused

-LBA sent 26/08/06

- Settled in full before filing MCOL

Alliance and Leicester

- Prim letter sent for £815 - 10/05/07

- LBA sent for £815 - 31/05/07

- Letter from A and L offering £143.50

HSBC - Data protection sent 10/05/07

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recived a letter today from direct auto finance-- without prejudice to our legal rights they are taking the £15 off for the letter they sent as payment was late.

sent a letter yesterday for £275 for these £15 letters asking for it back wait till they get that one.

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