Reclaiing Ace shopping default PENALTY charges

[ims21]

Ok so if you were being charged 44.9 then that is the rate you use for the spreadsheet

[surrender 1960]

i think these are pdf ,thank you for looking at things for me and sorry my replies are crossing with yours

IMG_0001.pdf

IMG.pdf

[surrender 1960]

sorry to be a niusance but should i redo spreadsheets using 44.9%,thanks

[ims21]

OK so yes the spreadie is OK and if they charge 44.9% if you pay by a method other than DD then that should be the rate you use on the spreadsheet.

[surrender 1960]

hi, i have done another spreadsheet using 44.9%,what should i do now?this seems a large sum of money!thanks

[ims21]

If they have charged you 44.9 then that is what you want back.

 

You now need to send them a preliminary letter of claim and enclose your spreadsheet.

 

If they do not respond positively then the next step would be a "Letter Before Action" and if they still do not pay then you will need to issue in court to get the charges back.

 

Post #31 here has a good preliminary which you can adapt to suit

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**

[surrender 1960]

thanks , i will have a good read and draft a letter ,as i do not have a printer at present can i hand write it ?

[ims21]

Yes but you'll need to keep a copy as copies of everything will be needed should this end up in court.

[surrender 1960]

thanks ims, i will take my letter to the library to get a photocopy, do you think i have a chance?wish me luck and i will update here.

[ims21]

Good luck and yes to keep us updated.

 

[surrender 1960]

hi all,

due to family commutments i did not write to ace until 27th august by which time another charge had been added!i calculated that they had added a total of 559.60 in charges and 2807.46 in interest.i requested full repayment of the total and that they remove the default against me from the register .they replied in one week and i will attempt to attach the letter i received from them.

[surrender 1960]

[ATTACH=CONFIG]38250[/ATTACH]

[ims21]

Don't forget to use the instructions in post #22

[surrender 1960]

i cant seem to attach it

[surrender 1960]

having investigated our records

 

i have noted that a total of £460 has been added to your account due to payments not being received as requested on the statements that have been issued.

 

under the courts guidance the statute of limitations says you can only reclaim charges for the past six years.

 

the usual jargon follows re oft and until then normal trading applies.

 

however not withstanding this as a gesture of goodwill and without prejudice

 

i have credited the 460 from your account.

 

we are prepared to further reimburse an ammount of 97.47 being the sum of interest calculated at 8% being the limit permissable by the court

for any interest claimed leaving a credit balance of 342.01

 

i have passed your details onto our refund dept requesting that they refund the 342.01 directly to you.

 

in ordet to avoid future default sums please ensure that the minimum payment is made by the due date

 

.if for any reason you are unable to do this i would suggest that you contact us so that we can attempt tpo make arrangement to accomodate this

and avoid the need to apply a default sum to your account.

 

if you are dissatisfied with this response to your complaint you may be able to refer to fos etc

[surrender 1960]

not a great typist but i tried!

 

they have credited said ammount which leaves a credit on the account

but i took refund direct to you to mean i would receive a cheque not a credit balance,

 

this in no way addresses the aggravation i have had not to mention the loss of money over the years.

 

no mention of removal of default though and the inference that defaults can be waived

 

if they are contacted is total rubbish as we all know.

 

all advice welcome,

 

thank you

[ims21]

This is now up to you.

 

You can either accept their offer or fight for more.

 

They have not given you back the contractual interest they charged as a result of the fees put on the account so you are still out of pocket due to the unlawful penalties.

 

Which way do you want to go?

[surrender 1960]

thanks for prompt reply ims,i will fight for more !where do i start?

[ims21]

If their response was to a preliminary letter that you sent then the next step would be a "Letter Before Action" which tells them that if they don't cough up what you are asking fro then you will issue in court.

 

The six year business is covered by S32(1)© Limitations Act 1980 and case law is Kleinwort Benson v Lincoln City Council.

 

lba template is in the CAG library.

[dx100uk]

they are sadly wrong on the interest

 

they charges you THEIR int rate and compounded it.

 

8% is not correct.

 

dx

[dx100uk]

god my post took 15mins to show..

 

weird

 

dx

[ims21]

god my post took 15mins to show..

 

weird

 

dx

 

 

[surrender 1960]

i did head my letter "letter before action", although the previous letter i wrote to was to request information of all charges and on that occasion i sent them a postal order for apound and they sent me info and paid the pound off my account.dx when you say the interest is sadly wrong do you mean they are offering too little as i used i think 44 % .thank you both and there is something wrong on here tonight as i tried to log many times and posts wernt showing for ages.all your help is appreciated and i will keep you informed of any develpoements