Particulars of claim needed - credit card reclaiming

[zubo]

Hi all,

would be grateful if anyone can do a sanity check on my LBA as follows

thanks

 

Account number  

john doe Credit Card xxxxxxxxxxxxxx

 

Dear Sir/Madam            Letter Before Action

I sent you a letter in January regarding unfair charges and the refund I expected from you and received a reply from you rejecting my claim. I have subsequently taken advice and realized that I had made a mistake in the spreadsheet I sent for which I apologize and am sending you the revised spreadsheet and my claim detailed below.

 

Following media reports,and an investigation into credit card charges by the Office of Fair Trading,which I have only recently been made aware of, I now understand that the regime of fees which you have been applying/applied to my account in relation to late fees, and over limit charges, are unlawful at Common Law, Statute and Consumer regulations, in that they did not/do not, represent a genuine pre-estimate of your actual costs.

I would draw your attention to the terms of the contract which you agreed to at the time that this account was opened. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law and in consideration of fair business practices and good faith.

It is my contention, that you have failed to operate my account in a manner conducive to the above, and have demonstrated a lack of fiduciary duty.

I calculate that you have taken £200.00 which you have charged me and I require £6,114.92 in restitutional interest to remedy your mistake which total £6,314.92.

In recent years Courts have been happy to accept claims for bank charges that exceed 6 years,whilst having regards to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 1.(c) of the limitation acticon 1980.
Should county court action be needed I will be seeking to rely on this.


Therefore this letter requests a refund of all charges indicated including interest 14 days from the date of this letter.
I request that payment is made directly to me, by cheque, and that any refund in whole or part should not be allocated to any set off or third parties.
Should this occur my claim will be deemed as unsettled and I will proceed to the Courts for recovery.

You now have 14 days to respond positively, and in the absence of this, I will put you on notice of county court proceedings.

I trust this clarifies my position.

Yours Faithfully

[zubo]

Im hoping no replies indicate my modifications are ok...

I checked the fees for the claim and this made me pause...

although the case seems arguable its not certain the judge would rule in my favour and i can ill afford losing £455 ...

so i decided to start a smaller claim against Amex which hopefully will provide me with enough to claim against MBNA...

Oh well...

Edited March 8, 2019 by zubo