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lilreefshark

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Everything posted by lilreefshark

  1. This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. I cant get my particulars of claim to fit can anyone give me a hand?????? Ive tried to shorten it but no joy.
  3. Hello all a little help required Barclays have not replied to my pre lim letter. Can anyone confirm the best address to send my LBA to? Recorded delivery of course. Many thnaks
  4. can some one tell me how this sounds. Dear Mr R Udy Re: Your refusal to refund bank charges I write in response to your letter refusing my request for a refund of all bank charges. I accept the £88 as partial payment. I note your position is that I am not entitled to a refund because the terms and conditions of my account allow you to impose charges where I have insufficient funds in my account. Your bank insists it can impose charges in accordance with its terms and conditions of contract. However, those terms and conditions are subject to the common law and the Unfair Terms in Consumer Contract Regulations 1999 (UTCCR). Indeed, the UTCCR takes precedence over any contractual term where the court finds a term to be ‘unfair’. The court can then treat that term of contract as having no legal effect. The question that arises is this: are your charges unfair in terms of the UTCCR? 0n 26 July 2005 the OFT stated that 'a charge is likely to be disproportionately high if it is more than a court would be likely to award if the lender sued the cardholder for breach of contract'. So what would the court award your bank for my minor breach of contract? As you will be aware, the court will only award (in a non-negotiated consumer contract) a sum to reimburse actual loss. Your charges do not reflect actual loss. Rather, they include a massive profit margin or penalty. Alternatively, they subsidise the bank's global debt recovery costs and lending losses. There is parliamentary evidence for this assertion. When the UK banks gave evidence to the House of Commons Treasury Committee on how bank charges were calculated they said: "[bank charges] are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges" (House of Commons, 2nd report, 25 January 2005, paragraph 50). Accordingly, your charges do not reflect the actual loss in my case. They are an illegal penalty charge designed to recover money unconnected with the conduct of my account. Please advise whether you have an appeals procedure, and if so, please treat this letter as a request for an appeal against your decision not to refund all of the charges If I do not hear from you within the next 14 days, I will raise an action of payment at my local court. In that eventuality, I would require you to lodge in court financial vouching for the actual loss sustained in my case, together with your full financial accounts revealing how much income is generated from your bank charges, as against the cost of administering dishonoured transactions. I looks forward to your response. Yours faithfully
  5. many thanks i will send me LBA today to robert urdy see what he has to say for himself.
  6. Ok guys a bit of help required. I have recieved my statements and sent first letter for money back. recieved reply from capital one advising they will refund £88 from the £240 they owe me. am not sure what to do next. Do i continue with the LBA and accept the £88 as part settlement????+
  7. Contact there customer services team by all means at the end of the day its business. I for one have been with telewest for a few years know and find the custoemr service great they may not be the cheapest but cheapest always comes at a price IE poor customer care and long waiting times to speak to someone.
  8. You are paying for a service they are not charging you any more than you agreed to in the first place so you can not send them an LBA as if you have been with them for five years then you are well within your right to cancel the service if your not happy to pay the £50 a month at the end of the day Telewest is a business just like any other company and are there to make money. I have a loan with the nationwide and my interest rate is 6.7% and there current rate is 6.4% does that mean i have the right to send them a LBA cause other customers get it cheaper.
  9. his details are in the nationwide action group under contact list. its funny how the money was just returned he never replied to my email and i have not recieved any letters however when i called the bank they said the money was for bank charges.
  10. check out my post i emailed chalres directly and got a full refund. but no reply yo my email.
  11. Hello all I have been looking around this website for a couple of weeks. I have sent my DPA letter to Abbey. but decided to email charles bacon from natiowide. I sent him the LBA and checked my account this morning to find a credit for £130:p
  12. Hi could i please have the full email address for the guy in nationwide.
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