overcharged 7 years ago

[Fielder]

Hi Andydd, I have written this letter to the Overcharger, little bit unsure of my facts regarding the Unfair Contracts Act and the wording of letter. I would really appreciate your thoughts. I have left the amounts and some details out, to protect the innocent:oops:

 

Dear xxx,On examining some invoices that relate to 2008, I have discovered some overcharges and an underpayment to me by yourselves.

 

My boat XX arrived at XXXX Marina on X April 2008.

An accident occurred on April 2008 and boat was towed to hard standing. It was repaired by XXXX Marina, this repair was completed June 2008.

Boat was put on sale through XXXX Brokerage on June 2008.

Boat was sold October 2008

The invoices and statement that I have do not correspond with the actual costs and also I have been charged for services I was not expected to pay.

I should have been charged, these figures are inclusive of VAT;

(I have listed charges)

 

The bills clearly state that I was charged for berthing and for haul out when this amount was paid for with the bill for repairs, £XX.

Also, when the boat was for sale with XXXX Brokerage, included in the fee was six months berth.

 

The actual amount that should have been deducted totals £XX, consequently the amount that should have been paid to me was £XX. Not £X the amount that you decided to give me from the sale of my boat, this is an underpayment of £XX

A 10% Credit Charge was added to the invoices, this penalty is contrary to the terms set out in the Unfair Contract Terms Act Group 5: Financial penalties – paragraph 1(e) of Schedule 2

(Not sure whether to actually quote the UFTA or just refer to the relevant part)

As I am sure you are no doubt aware of the circumstances, that you had some part in creating, when I collected the cheque. Which you had already made all of the deductions, were extremely distressing. It appears that you took full advantage of my vulnerability and naivety at the time and overcharged me quite considerably.

 

If, this was an error on your part, when you completed your financial accounts, surely it would have been discovered. I can only conclude that you were fully aware of the unfairness and that I was significantly overcharged.

I expect a cheque to be forwarded to me within fourteen days to rectify this, if I do not receive the amount I shall pursue this through the County Court, where a statutory 8% will be added to the amount and my costs and fees.

 

I intend to forward a copy of this letter to the Trading Standards Office.

[Fielder]

I have been in contact with the Citizens Advice Bureau

 

 

they have advised me that I should write and quote 'Breach of Contract' and 'Conditions of Sale',

also that I can claim damages.

 

He may just say bog off,

but I can take it to the court and let a judge decide,

these were the advisor's words.

 

The damages I want to add on to the amount are 8% interest and 29% restitution charge,

 

 

but I cannot find a spreadsheet that will calculate this for me.

 

Any ideas were I can look for this?

Thankyou

[dx100uk]

cisheet restitution

 

 

then take that total and put into

 

 

statint for 8%

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

[Fielder]

Thank you

[Fielder]

I've had a reply and he has lied in the letter.

I don't know whether to write back saying that, or, just take it to the court.

Any thoughts?

[reallymadwoman]

Do you have any evidence to contradict his version?

[mariner51]

Unless we can see his reply, how can we advise?

I don't recommend you paste the reply.

Are you still hoping for a favourable outcome?

[Fielder]

In his letter he says that the boat was put back in the water (it wasn't). And so he was able to charge the mooring fees. We know that this is untrue, the boat was on the hardstanding, and this is where it was until it sold.

The proof that the boat stayed on the hardstanding after the repair was made, is that we did not pay the bill for the repairs, as we were unhappy with the quality of the work. (This was resolved by us selling the boat and the repair bill was deducted from the proceeds.) As the repair bill was not paid, any marina, including this one, would not put a boat into the water, as it is able to leave.

Hope this makes sense.