PKea v RFS Limited

[Paule]

Ok

I have decide I am going to claim back charges that occured on my car finance.

Part 1 is Renault Financial Services, which I had an agreement with

Part 2 is RCI Banque Ltd which took over from RFS .

Bit of Histriy re the comapnies

RFS was jointed owner by RCI Banque' which incorparates the Renault-Nissan Alliance Group.
It was operated in the UK through Bank of Scotland, and was based in Chester

Last Year RCI Banque took full control of RFS and rebranded it to RCI, as did Nissan Finance.

So I will be claimimg against RFS fro 1 agreement that has ended
and I will be claiming against RCI for my current agreement which was took over by them.

I have all details fro the old Agreement from FRS and part of the details form RFS on the new agreement.
I am awaiting an updated detail from RCI, but I do have a list of their current charges.

So I am going to go about this in the sam,e way as bank charges using the UTCCR.

I will have to amend the letters to suit, but i will post them onto this thread in case anyone else wants to try.

PKea

[scottishlass]

Re: PKea v RFS & RCI

good luck I will be watching you closely,as you know having problems with them also.:okay:

[Paule]

Re: PKea v RFS & RCI

Okey Dokey

This is my prelim to RFS

RFS Limited
Charterhall House
Charterhall Drive
Chester
CH88 3AN

5th February 2008

Dear Sir/Madam

Repayment of Charges Request

AGREEMENT NUMBER: xxxxxxx

I am writing to ask you to refund to me the penalty charges which you have added to my agreement over its duration.

I have recently discovered that these charges are unlawful at Common Law & Statute. This is further reinforced by the Office of Fair Trading report of 5/4/06 which concluded that these charges are unfair to the consumer. If you believe that they are not penalties, then will you please demonstrate this by giving me a full breakdown of the costs you have incurred as a result of my breaches, in order to prove to me that your penalties really do reflect your actual losses.

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

I calculate that you have added £667.32 to the agreement in charges, plus added £19.24 in additional interest to the agreement.

Therefore the total I am requesting at this stage is £686.46


I attach a schedule of the charges which I am claiming with this letter

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 a refund.

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. If you do not respond to my second letter within 14 days, I shall commence a County Court claim against you.

Yours faithfully,


PKea

[thephoenix]

Re: PKea v RFS & RCI

Just make sure there is no indemnity clause in the T&C's

letter is :okay:

[scottishlass]

Re: PKea v RFS & RCI

Sorry for being thick what is an indemnity clause?

[thephoenix]

Re: PKea v RFS & RCI

Sorry for being thick what is an indemnity clause?

Kind of an insurance to protect the lender.
Normally they will state that it gives them a right (albeit an UNFAIR one) to counterclaim against any claim made against them.
A lot of mortgage agreements have them, so always best to check T&C's before suing anyone

[scottishlass]

Re: PKea v RFS & RCI

Thanks for that info Phoenix.:okay:

Sorry Pkea for hijacking your thread by the way letter looks good:okay:

[Paule]

Re: PKea v RFS & RCI

The letters been sent and has been delivered, so lets see if i get any response

PKea

[Paule]

Re: PKea v RFS & RCI

Okay
this thread will continue with The RFS case and i have started another thread for my case against RCI here

[Paule]

Re: PKea v RFS Limited

Its LBA time for RFS

RFS Limited
Charterhall House
Charterhall Drive
Chester
CH88 3AN

19th February 2008

Dear Sir/Madam

LETTER BEFORE ACTION

AGREEMENT NUMBER: xxxxxxxxx

I write this letter as you have failed to respond positively to my previous letter dated 5th February 2008.

Further to recent publicity, and the Office of Fair Trading`s report dated 5th April 2006, I am aware that the penalty charges you have been added to my agreement over its duration are unlawful. These charges have been levied on my account following breaches of contract by myself, returned direct debits for example. If you contest these are penalty charges, please supply me with a copy of the terms and conditions from the time my account was opened. As disproportionate penalty charges, I also request that you provide me with a full breakdown of the costs you have incurred as a result of my breaches, in order to show the level of charge reflects your actual losses.

I calculate that you have taken £667.32 plus interest of £19.24 from my agreement during its duration. I enclose a schedule of the charges which I am claiming.

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a County Court claim against you for the full amount plus interest

Yours faithfully,

[Paule]

Re: PKea v RFS Limited

Ok got a response from RCI relating to this, So all mail to RFS must be forwarded on



I will write back with copies of the Statements that RFS gave me, but I can guess what they will say already..lol

PKea

[Amy]

Re: PKea v RFS Limited

I love the attention to detail in their letter. What are "chargies?"

Very professional.

[Amethyst]

Re: PKea v RFS Limited

their way of saying the charges are only small ? lol

[Paule]

Re: PKea v RFS Limited

Ok my response

Claire Long
RCI Financial Services
Egale House
78 St Albans Road
Watford
Hertfordshire
WD17 1AF

1st March 2008

Dear Ms Long

2ndLETTER BEFORE ACTION

AGREEMENT NUMBER: xxxxxxxxxxxxx

Thank you for your response to my letter dated, 19th February, to RFS Limited.

I enclose copies of the statements which were provided to me by RFS Limited.

I am writing to ask you to refund to me the penalty charges which you have added to my agreement over its duration.

I calculate that you have taken £667.32 plus interest of £19.24 from my agreement during its duration. I enclose a schedule of the charges which I am claiming.

I require repayment in full of this money.

As a gesture of goodwill I will extend my deadline for a further 14 days from the date of this letter, due to the fact that you would have occured a delay in receiving the letters, then I shall begin a County Court claim against you for the full amount plus interest

I await your reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive a refund in the form of a cheque made payable to ‘PKea’.


Yours sincerely,

PKea

[thephoenix]

Re: PKea v RFS Limited

14 days! ..... you are generous!!!!! :first: