Red Hawk Legal
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Re: Red Hawk Legal
Originally posted by Katie1913 View PostHello EXC
I just wondered if you had made any headway with regard to the MOJ letter/information so that I can now pursue Barclaycard for the up-front fees paid. I'd like to press on with this, but am waiting for your direction.
Many thanks - Katie
Dear Sirs
Re: Account Number ..........
Further to your letter of 17 January 2014 (for which I enclose a copy for your convenience) I was advised that in order to make a valid claim against Barclaycard under Section 75 of the Consumer Credit Act 1974, it would be necessary for me to prove breach of contract or misrepresentation by the supplier in a debtor-creditor-supplier agreement. You required me to provide you with documentary evidence as proof that such a breach of contract or misrepresentation occurred.
Until this point this has been difficult for me to achieve as the contractual terms of the 4 payments of £719.96 were concluded verbally over the telephone and the refund terms (which were that the payments for the ‘priority service’ were refundable at the end of the claims process) were not recorded in a written contract.
However I have since been in lengthy correspondence with the Claims Management Regulator at the Ministry of Justice who have now provided me with the enclosed documentary evidence from Client Connection Ltd’s (trading as Lifestyle Claims, in liquidation) representatives that the fees were indeed refundable ‘’at the end of the claims process’’ in any event.
This information has been provided to me specifically in support of this section 75 claim under the disclosure provisions of the Enterpise Act. See accompanying letter from Ministry of Justice enclosed.
Clearly as Client Connection Ltd (trading as Lifestyle Claims) went into liquidation in 2013 they breached their contractual obligation to refund the fees and I now fully expect you to honor my section 75 claim. I wish to make clear that should you fail to do so I fully intend to take the matter to the financial Ombudsman.
Yours faithfully
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Re: Red Hawk Legal
And to complete the tail, today Barclaycard refunded my monies paid out to Lifestyle Claims. I can't reclaim the initial £700+ pounds.....that is lost money......but the remaining four priority up-front payment have been refunded as a direct result of writing to them and using EXC's excellent letter and MOJ information that he suggested I obtain.
Thank you so much Legal Beagles. You have been lifesavers! I couldn't afford to lose this money - I can't really afford to lose the £700+ that I have, unfortunately, "chalked up to experience".....however it is a much better figure that the money that I stood to lose without your help.
I would recommend your site without hesitation - and would use it again if the need arises.......and please don't take this the wrong way.....I hope the need doesn't arise again!!
Many, many thanks - Katie 1913 :tinysmile_twink_t2:
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Re: Red Hawk Legal
You're welcome.
And a shout of thanks to MOJ for their assistance with the information required in support of the section 75 claim which was provided under the disclosure provisions of the Enterprise Act. A nifty piece of legislation that.
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