overcharged 7 years ago

[Fielder]

Not sure if I am posting in correct forum. But here's my question.

 

In 2008 we were charged twice for renting a space from a private landlord. (details little too complex to explain quickly). I have only just examined the documents I have kept since then and realised quite how much I overpaid. Is it too late to try and get this money back? I have invoices, but not original contract.

 

Can anyone please direct me to the relevant legislation, I have tried to search but nothing seems to match my problem.

[Conniff]

I think you will find the payment has now become statute barred. But that only means you can't use the legal system to try and claw it back.

 

There is nothing to stop you from sending a letter with some copies of documents and requesting a refund and see what happens.

[Fielder]

Thought it may be so.

 

This character is particularly nasty and I don't think a letter (without any reference to legislation to back it up) would be any good.

[Conniff]

If it's a sizable amount, you could try a debt collector, (I never thought I would be saying that), but they will want a chunk of it should they get any and probably fees if they don't.

[Fielder]

Just a thought, this is not a debt. I paid the amount in November 2008.

 

Does Statute Barred still apply?

[Fielder]

Debt Collector!!!

 

Good idea though, I would love to see his face when a debt collector arrives.

 

Worth a look into, of course it depends on fees etc. As far as I am concerned the amount is substantial it amounts to approximately £4,000.

[dx100uk]

urm....

 

 

it could be deemed you have only just found out you were overcharged..

 

 

bit like the PPI debacle...

[andydd]

You may be in luck, I was overcharged Ground Rent for about 11 years and got it all back.

 

See S32 of Limitation Act - http://www.legislation.gov.uk/ukpga/1980/58

 

Where it says

 

 

Subject to [F26subsection (3)][F26subsections (3) and (4A)] below, where in the case of any action for which a period of limitation is prescribed by this Act, either—

.

 

(a)

 

the action is based upon the fraud of the defendant; or

.

 

(b)

 

any fact relevant to the plaintiff’s right of action has been deliberately concealed from him by the defendant; or

.

 

©

 

the action is for relief from the consequences of a mistake;

.

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.

 

However if you simply paid too much this may not be good enough, in my case the overcharged amount was demanded from me and they landlord didn't change it even when I questioned it, the Judge clearly thought that I was overcharged and S32 applied. Although in your case maybe a 'mistake' would apply ?

 

I also got back 8% interest so it came to a tidy sum.

[Fielder]

Thanks for your replies.

 

The amount was taken from the sale of my property (boat) as I sold it through them. So it was taken without my knowledge.

It was such a distressing time for me, I put the documents away and have only just looked at them carefully.

 

I understand that I can quote the Fair Trading Act and use the Trading Standards to back up my claim, also the S32 perhaps would be useful to quote in the letter.

 

Do you think this would be a suitable way to write the initial letter?

 

Thanks, F

[mariner51]

"The amount was taken from the sale of my property (boat) as I sold it through them. So it was taken without my knowledge.

It was such a distressing time for me, I put the documents away and have only just looked at them carefully. "

 

How could the money be taken without your knowledge, if the documents received or Terms of Business detailed the deductions?

[Fielder]

The documents did detail the deductions, but it needed close scrutiny be me, and I did not scrutinise them properly.

As I said the money was taken from the proceeds of the sale.

It was a complicated situation, with regard to an insurance claim and various other things, which I do not want to go into.

[honeybee13]

Hello there.

 

It's up to you whether you tell us details or not, but if you want advice on what sounds like a complex situation, it might be helpful to give us more information. You can anonymise it to protect yourself.

 

HB

[Fielder]

Thanks HB

I will. Let me work out how to say it

x

[honeybee13]

Thanks HB

I will. Let me work out how to say it

x

 

I'm sure you'll be fine.

 

HB

[Fielder]

Here goes,

Boat arrives at marina, two weeks later had an accident which the boatyard repaired. (This was paid for with an insurance claim).

The repair took two months to complete, the cost of the parking (?) was included in insurance claim.

Once the boat was repaired we decided to sell through marina's brokers. Part of the deal was free parking for six months or until boat was sold.

Boat took four months to sell.

When the boat sold, the marina took from the price the cost of the repair and some small bills we had accumulated over the time of being in marina.

The insurance paid me, so I was happy for them to take it off the sale of the boat.

 

There was lots of trouble with the repair and some other problems, not financial, but difficulties we had at the time. Very upsetting and difficult.

 

Recently when I went over the papers and invoices for this, I discovered that the marina had deducted five months of parking charges, also charging me for some of the work that had already been included in repair costs.

 

Hope this makes some sense, please ask me if anything doesn't, this is just an outline of the situation.

Many thanks,

F

[Ethel Street]

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it .

 

The "or could with reasonable diligence have discovered it" will be the problem for you. If I understand you correctly you did have all the documents 7 years ago to show the charges made but put them away without reading them closely. If you had read them carefully you would have discovered the charges 7 years ago, yes? I suspect a court will say that with due diligence you would have discovered it 7 years ago so any claim you might have had to recover the charges is now statute barred.

[Fielder]

Yes ' with diligence', would have been more intelligent of me.

Feel a complete fool.

Thanks anyway

[reallymadwoman]

I'd say it's still worth a try at getting the money back as it's a substantial sum. I'd write a straightforward 'we paid you twice for this, please give it back' with copies of the relevant documents. At worst it will cost the price of a stamp, at best they might just pay up.

[Fielder]

Thanks reallymadwoman, I think that will be the best way forward. Worth a try!!

[Fielder]

I have had a try at writing a letter, here it is;

 

Dear Mrs. Greedy,

I have recently unearthed some invoices and bills from your company and scrutinising them closely I have discovered that an error was made with the 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, which was covered by the insurance claim. Also, when the boat was for sale through the broker, included in the fee was six months berth.

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.

I have calculated the overcharge and it amounts to [haven't got this figure yet] plus 8%, which is normal practice in this circumstance.

[Fielder]

Sorry haven't finished yet.

 

Overcharging is not permitted and is covered by the Unfair Trading Regulations.

I intend to forward a copy of this letter to the Trading Standards Office and Citizens Advice Bureau.

 

Just a rough outline, no figures yet, what do you think, please?

[Ethel Street]

plus 8%, which is normal practice in this circumstance.

 

I'm not sure this is correct. Unless there was something about interest in the original contract interest would normally only accrue from the date when it was invoiced (or the date the invoice should have been paid by). I don't think you can backdate interest prior to the date when you first requested payment. Which is now, if I've understood you correctly. I suppose you could argue that it isn't so much that you are invoicing rather that you are seeking recovery of an overcharge, but even so I'd be inclined to leave that bit out unless you are absolutely certain you are legally entitled to it. 'Normal practice' doesn't really justify it, you'd need to cite the specific law (if there is one).

[Fielder]

Thanks Ethel Street, I will leave that out, also thinking about it the Citizens Advice Bureau, this will have no impact or relevance for them.

 

But all in all, is there enough clout(?) in the letter, do you think?

[andydd]

Its not normal practise to add on 8%, its only at the court stage that a court would allow you to add on this mount, assuming you were succesful. At this stage you should just ask for the amount, you could perhaps remind them that a court would allow 8% interest and that it could involve extra costs + fees.

[Fielder]

I have done some research and it seems that the 'Unfair Contract Terms Act 1977' has not been followed.

There appears to be no time limit, but the earliest it is challenged the better.

And ultimately, the court can decide what is an 'Unfair Term'.

So I think I will refer to this Act in my letter.

 

Thanks for your views on my letter I really appreciate it.