Studio cards admin and service charges *** WON WON WON ***

[lra]

I recently contacted studio who sent me a list of all past transaction from 2000 to 2008.

 

 

I have invoices which total approx £1000 but I have paid back approx £2900.

 

The list consists of admin charges (£600) ,

service charges (£750) and PPP.

 

I have put in a claim for the admin charges and studio have agreed to send me a cheque for £400 (£300 plus £100 interest) they will only go back 6 years.

 

I would like to try to claim all these charges back.

 

I don't think the agreement is the original one.

 

Can somebody PLEASE help me as this cheque could turn up anytime now,

do I send it back and continue with this claim or bank it?

[ims21]

Hi Ira

 

So here we are with the charges claim then.

 

If you want to claim all of these charges back it is likely you will need to sue.

 

This is the spreadsheet you will need.

 

CISheet v101.xls

 

Enter each of the charges into the sheet with the date, the description and the amount. Set the "Claim to" date as today. Set the interest rate to the rate they were charging on the account.

 

Let us know what the amount is that the spreadsheet calculates for you.

 

If their cheque arrives hang on to it for the time being and let us know exactly what their letter says.

 

When you've done the spreadie come back here and we can move forward.

[lra]

Many thanks, I will start the spreadsheet now but it will take a while due to the amount on charges

[ims21]

No rush

 

I think you are being short-changed on this.

[lra]

The calculation totals approx £11000

[lra]

Last letter received on the 27th September stating that my details have been passed onto their refund department but how long should I wait before contacted them, I am rather impatient

[ims21]

Can you post up your spreadsheet please?

 

We need to consider a way forward given the apparent quantum of the claim.

[lra]

Cheque arrived today, letter is very short

[lra]

Do I bank the cheque and send a letter saying I except as part payment? Does anyone have a letter template for this? Ims21 did you receive my email with spreadsheet?

[ims21]

What does their letter say?

 

No haven't got any e-mail but then again you don't have my e-mail address.

 

Post the spreadsheet up here minus your personal identifiers.

[lra]

I meant private message. The letter just said thanks for the correspondance and here is your refund. I don't know how to post on here

[ims21]

Ooops...my bad....couldn't see the wood for the trees.

 

Yes got the spreadie but you have entered all of the service charges....they are not claimable, they are part of the interest on the account.

 

It is the default fees that you need to enter.

[lra]

Edited October 11, 2012 by lra
incorrect spreadsheet

[lra]

But the interest is high because of the charges and the dodgy PPP

[ims21]

The spreadsheet will work out what interest you are due back on the default fees.

 

You need to knock out anything that is described as "service charges".

[lra]

Is this correct now

[ims21]

Yes, that's better.

 

Send them a copy of the spreadsheet and a letter telling them that you are not happy with the amount they have offered and that you expect them to repay all of the default fees and associated interest.

 

Tell them that if they do not refund in 14 days you will put them on further notice of 14 days before commencing legal action against them.

 

Only threaten them with court if you intend to go through with it.

[lra]

Many thanks will get it in the post tomorrow

[cherroo]

Any update on this please, in similar situation. Thanks

[lra]

No they haven't replied yet but only posted it last Monday. How far have you got?

[lra]

Received letter from studio today which states " Under the courts guidance, the statue of limitations says you can only claim charges for the past six years. The aforementioned is and remains our final decision in this matter and we must now consider this matter concluded. I am sorry but you cannot assist you further." I now want to take studio to court to claim the remainder of these charges back with contractual interest. I haven't yet sent them the LBA so if some nice person could post an up to date LBA that would be great. I have given studio a chance and have only requested the 8% interest but they have failed to refund all the charges but it is not for them to say this matter is concluded, they owe me money and I want it back so lets see what the court says.

[ims21]

Have a read of this thread

 

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

 

The principle you would adopt is the same.

 

There is an lba in there which you can adapt for your purposes. Make sure the amount you are claiming is less than £5,000 so that, if it does go to court, it will be in the small claims track.

 

Your lba should be headed as such and give them 14 days to cough or else you will issue in court.

 

Send an updated spreadsheet with the lba.

 

As has been mentioned before, only threaten court of you intend to go through with it.

Edited October 27, 2012 by ims21

[lra]

I intend to take them to court but haven't got a clue where to start or how much it will cost me but I will read around this site and the thread above, wish me luck

[lra]

s32(1)© Limitations Act 1980 I mentioned this in my last letter

[ims21]

You start by sending them an lba detailing what you want and you enclose an updated spreadsheet. This ensures you comply with the pre-action protocols.

 

If they don't refund you then you would issue a court claim using Money Claim On Line (MCOL) where you will also find information on the fees payable.

 

They would then need to acknowledge the claim and put in a defence. If they do neither of these two things then you can apply for judgement by default and effectively you win.

 

If they put in a defence then the process start to move towards a hearing.

 

In your case you will need to rely on S32(1)© Limitations Act and be aware of the case law of Kleinwort Benson -v- Lincoln City Council.

 

If and when it gets to court stages we can help you with the process.