S140 and credit card penalties

[ncf355]

Hi,

just wondering in my scheming frame of mind


If a credit card provider paid out under "gesture of goodwill" prior to a court case for £25 penalty charges (several years ago), would it now be possible to start a new action via S140?

:beagle:

[leclerc]

Re: S140 and credit card penalties

On what grounds if you are no longer out of pocket and accepted their original offer?

[ncf355]

Re: S140 and credit card penalties

Hmmm

It was a gesture of goodwill, not a payment for the penalty as they did not accept liablity?

More to the point, would they risk a court case?


(just throwing ideas around BTW..............!)

[leclerc]

Re: S140 and credit card penalties

Did you accept the gesture?

[ncf355]

Re: S140 and credit card penalties

Yes, but did not sign "full and final"?

Also, I would think under S140 you would have a greater chance of getting the contractual interest that so many of us were robbed of?

[leclerc]

Re: S140 and credit card penalties

I think you would be on unsteady ground since you accepted money for the breach without quibbling the interest on the amount levied, imho.

[ncf355]

Re: S140 and credit card penalties

Hi,

I think you're right, but extremely tempted to "test the water" on this!

Cheers for the input

[leclerc]

Re: S140 and credit card penalties

Let's put it this way, no harm in writing to them for a response BUT don't take legal action because that would be worse(I hope that makes sense). At least you will know their position on the issue.

[ncf355]

Re: S140 and credit card penalties

Absolutely, I'm a stickler for a pre action letter AND a 14 day LBA anyway