Tis a bit quiet in here, so....

[TANZARELLI]

Re: Tis a bit quiet in here, so....

Hiya Crash oops sorry its been a while and I must admit I forgot lol.

I am sure Budgie has one somewhere so it might be worth asking him. I will have a look over on PAG for you now.

In the words of the Terminator be back.
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I have asked for a link to one as not sure where we have hidden it.

[Budgie]

Re: Tis a bit quiet in here, so....

Hi All,

Here's the prelim that I used for my own Capital One claim, feel free to use and adapt it as you see fit. ( Seems like ages ago )

To be honest I wouldnt go into too much detail regarding Sempra etc etc etc in either the Prelim or the LBA, save it all for the POC or even the witness statements, or the statements of evidence that will be required to follow on afterwards.

All you need to establish at the outset is that you want you charges back plus COMPOUND INTEREST thereon.


Dear Sirs,


It has come to my attention that the charges you have levied from my account for breaches of contract by way of exceeding my agreed credit limit, late payment, card misuse, etc. were unlawful.
It is my belief that these charges bear no relation to the costs to which you were put as a result of my contractual breaches. This being the case, the charges levied from my account amount to contractual penalties which are irrecoverable at common law. Even if there is a clause in the terms & conditions of the account that states that penalty charges become payable for breaches of contract, such a term would be unenforcable under under Sections 5 through 8 of the Unfair Terms in Consumer Contracts Regulations 1999.


You may consider that since some of the charges were levied more than six years ago, part of my claim may be time barred under the Limitation Act 1980, and you might wish to rely on this to dismiss my claim. However, please be advised that should we not reach an agreement over repayment, I will proceed with the claim under either:

s.32 (1)(b) of the Limitation Act 1980 on the grounds that I could not reasonably have discovered the your deliberate concealment of the facts relevant to my right of action before the report of the OFT was published in April 2006, or alternatively, s.32 (1)(c) of the Limitation Act 1980 on the grounds that the payments were conceded on the mistaken belief that the said charges and interest thereon did not amount to penalties and that I could not reasonably have discovered the said mistakes before the OFT report was published.

The charges I have paid amount to £xxx and are listed in the attached schedule. I request that you refund me these amounts plus interest in full. You are currently profiting by charging xx.x% equivalent annual rate for re-lending my money. Indeed, since these charges were unlawfully imposed, you have been unjustly enriched by way of profiting from re-lending money that was rightfully mine. I have therefore applied the same rate to my request in accordance with current consumer contract legislation. Further you have denied me the opportunity to invest funds you have unlawfully taken, and denied me the economic benefit of these funds in the first instance.

I hereby give you 14 days in which to repay £xxx in unlawful penalty charges, £xxxxxx interest at the compound interest rate of xx.x% (equivalent annual rate), Total £xxxxxx ( calculated up to xxth xxxx 200x )
If I do not receive payment of the highlighted sum within this time, I will have no alternative other than to begin legal action to settle this matter. Please note that should legal action become necessary, interest will continue to accrue until the date of judgment or earlier settlement.


Yours sincerely

[crashbandicoot]

Re: Tis a bit quiet in here, so....

Thanks Budgie and Tanz for all your help, great letters there

Crash