Tweet
Re: TonyB - v - Natwest Credit Card
Yep, thats what I thought
here's the email I'm planning to send to Liz. Will this do - please feel free to tweak where necessary lol.
Dear Miss Feldmann
Claim Number 7WJ02776
Following our telecom today regarding your letter of 18th October.
The claim is for at total of £575.38, which includes all charges applied to the account, s.69 interest @ 8%, and Court fees.
Your offer of £325 is plainly far short of the total claimed.
I understand that Natwest are not prepared to refund any of the fees charged at £12, and £8 each of the fees charged at £20, the basis for this being the OFT “recommendation” in their report of April 2006.
May I draw your attention to para 1.11 of the aforementioned OFT report:
“Calculating fair default charges in credit card contracts” which states:-
“The setting of the threshold is a provisional practical measure to move the w**** market towards compliance. We are not proposing that default fees should be equivalent to the threshold, and a court will certainly not consider that a default fee is fair just because it is below the threshold.”
However, should you wish to provide me with a detailed breakdown of your clients liquidated cost in relation to these charges and show that they are £12, I will consideryour offer. I am of the opinion the law is clear on liquidated damages and that, irrespective of your belief to the contrary and regardless of any agreement that I may have signed, the payment of excessive damages will be interpreted as a penalty and therefore the charges imposed by you will be unenforceable and judgment granted in my favour should I proceed to a hearing in Court.
Please pass on to your client my rejection of the above offer and convey to them my position as detailed above..
However, as a gesture of goodwill on my behalf, and in order to bring this matter to a speedy conclusion and save the Courts valuable time, I would be willing to accept an offer of £550.00.
Yep, thats what I thought
here's the email I'm planning to send to Liz. Will this do - please feel free to tweak where necessary lol.
Dear Miss Feldmann
Claim Number 7WJ02776
Following our telecom today regarding your letter of 18th October.
The claim is for at total of £575.38, which includes all charges applied to the account, s.69 interest @ 8%, and Court fees.
Your offer of £325 is plainly far short of the total claimed.
I understand that Natwest are not prepared to refund any of the fees charged at £12, and £8 each of the fees charged at £20, the basis for this being the OFT “recommendation” in their report of April 2006.
May I draw your attention to para 1.11 of the aforementioned OFT report:
“Calculating fair default charges in credit card contracts” which states:-
“The setting of the threshold is a provisional practical measure to move the w**** market towards compliance. We are not proposing that default fees should be equivalent to the threshold, and a court will certainly not consider that a default fee is fair just because it is below the threshold.”
However, should you wish to provide me with a detailed breakdown of your clients liquidated cost in relation to these charges and show that they are £12, I will consideryour offer. I am of the opinion the law is clear on liquidated damages and that, irrespective of your belief to the contrary and regardless of any agreement that I may have signed, the payment of excessive damages will be interpreted as a penalty and therefore the charges imposed by you will be unenforceable and judgment granted in my favour should I proceed to a hearing in Court.
Please pass on to your client my rejection of the above offer and convey to them my position as detailed above..
However, as a gesture of goodwill on my behalf, and in order to bring this matter to a speedy conclusion and save the Courts valuable time, I would be willing to accept an offer of £550.00.
msl:
Comment