Joneshousehold v Argos

[joneshousehold]

Ah Bookworm, you weren't alone. We sent a DPA request 14 March. Received about 40 statements back from the date the account opened. Each was in a separate envelope (with reply envelope as well!!) We sent preliminary letter 19 March (decided not to wait but just said amount to be ascertained when DPA reply received). Reply from Val McDiarmid said interest charge was wrong and as a goodwill guesture the excess will be refunded (We kid you not a 'goodwill' gesture to refund what was acknowledged to be rightfully ours). She sent a copy of the t&c's and said no refund will be given. We sent a modified LBA

I refer to your letter dated 30 March 2006. I have just received this two days later than an almost identical letter you sent me under the heading ‘Homebase’. Presumably when you signed the letter of 30 March you meant to change the title from ‘Homebase Card Services’. Under the circumstances I believe an identical response is required and so this is set out below.

 

I have not challenged the purchases or interest charged on the purchase amounts and am unsure why you have referred to these figures. My letter of 19 March 2006 specifically and solely concerned the charges levied on the account. I do note your ‘goodwill gesture’ but would remind you that this is in fact a refund of incorrectly charged amounts. It is welcome but I do have to point out this is a correction not a goodwill refund and is accepted as such.

 

I now understand that the regime of 'fees' which you have been applying to my account in relation to late payment and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. Point 18.2 actually specifically confirms this. The terms also state

 

I…. We may charge you for our costs and losses if you break the agreement

 

8.1 …we will charge for any losses or costs we have to pay as a result.

 

8.2…such reasonable administration fees as we set from time to time to compensate us

 

In addition there is a considerable body of case law establishing the principle that any recovery following a breach of contract cannot exceed actual costs and if it does so it constitutes a penalty which is unlawful. For your information I quote a very small number of such cases

 

Lordsvale Finance Plc -v- Bank of Zambia Times, 08 April 1996; [1996] QB 752

Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1915] AC 79

 

These cases have now been embodied in the Unfair Terms in Consumer Regulations 1999. These have established that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual or real loss although if you believe they are lawful I shall require a full breakdown of the actual costs incurred to show what action was taken and by whom. A costing of their time will be needed to support your contention.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £117.50 plus £40.09 which you have charged me in interest at 25.9% for the sum which you have taken. Total £157.59

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus further interest plus my costs. I will take this action without further notice.

 

the bit about Homebase is a complication. We are also challenging them but the letters are from the same person and she forgot to change the title at the bottom of her letter. The wording of the two were almost identical!

Rather enjoyed sending that letter

[joneshousehold]

This topic was closed on 03/08/19.

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