b8byd's other half v Time Retail Finance

[b8byd]

Another new claim! We are sending the following 'prelim' tomorrow.....

 

I now understand that the default fees which you have been applying to my Time Retail account are unlawful. I am therefore writing to request a refund in respect of said charges.

I calculate that you have applied £80.00 in default charges to my account. I kindly ask that you refund this amount to me.

I also claim interest on this amount at 26.9% which is the interest rate you have applied to this account. I believe I am entitled to this interest rate on the principal of mutuality and reciprocity. At today’s date, compound contractual interest on the unlawful charges amounts to £89.72, which I also claim from you.

Further, I have calculated that the amount of interest you have applied to my account in respect of the unlawful charges amounts to £1.42. I have arrived at this figure by taking into consideration how much interest you have applied to my account on months where unlawful charges were applied, and calculating proportionately how much of that interest was in respect of said charges. Since this interest was applied to my account in respect of unlawful charges, I consider this amount to have been taken unlawfully and therefore also require this sum to be refunded to me. I also claim compound contractual interest of 26.9% on the unlawful interest you have applied, on the principle of mutuality and reciprocity, which amounts to £1.58.

Finally, I also claim £10.00 in respect of the fee I paid for my Subject Access Request, which would not have been necessary if you had run my account in a lawful manner.

The total value of my claim at today’s date is £182.82. I attach a schedule which clearly sets out the figures I have described above.

I look forward to receiving your satisfactory response within 14 days, or I will escalate this matter by sending you a ‘letter before action’ and preparing a County Court claim.

Does anyone know what effect the test case will have on this type of claim?

Thanks

[steven4064]

The test case is totally irrelevant to these calims - it only covers personal current accounts (not that that stops some credit card companies and hire purchase companies trying it on).

[b8byd]

Excellent news! Thank you

[b8byd]

We sent the prelim recorded delivery yesterday, but this morning I remembered that my partner was issued with a default for this debt by Aktiv Kapital. We wanted to get the default removed as part of our claim because, at the very least, the amount defaulted is wrong because of the unlawful charges.

 

But I forgot to include this in the letter!

 

Because the default is in the name of Aktiv Kapital and the charges were issued by Time, does anyone know the best way to proceed? Should I just send a new prelim including the part about the default OR should we await the outcome of the charges claim with Time, and then apply to Aktiv Kapital to get the default removed on the grounds of the incorrect balance?

 

Thanks in advance for any help!

[steven4064]

Sorry - my ignorance, but what have Aktive and Time got to do with each other?

 

If it's the same account (ie Time took over the Aktiv business or something like that) then just send another letter apologising for the msitake but including the default removal as part of the claim

[b8byd]

Sorry I didn't make it clear! Aktiv Kapital are the debt collection agency, so we are still paying them. They didn't apply any charges, they were already part of the balance when Aktiv took the account over from Time.

[steven4064]

OK, so just send a letter of apology ".I refer to my letter of [date].., I also request you to remove the default...". Then make sure it is there in your LBA and PoC (if you get that far - I expect you will if you are going to hand on for the default removal)

[b8byd]

Thank you! panic over

[andabar79]

Thank you! panic over

 

hi can you let me know the outcome here? did you win?! i have a similar situation with aktiv/ time... thanka! pm me if need be!

[b8byd]

UPDATE:

 

I sent the LBA on 28 August for refund of charges plus contractual interest of 26.9% in the total sum of £183.98 PLUS default removal.

 

We then received a cheque for £32 which they said was their offer in full and final settlement.

 

I then wrote and offered them a without prejudice counter offer in full and final settlement, that we would accept a refund of all of the charges without interest PLUS default removal.

 

They responded by saying that they are not prepared to remove the default.

 

We are now considering going to Court but are confused about what to put for the default removal on the claim form. Will update this thread when we make any progress.

[steven4064]

The old bank POC had default remopvalon it - I don't know if it is still there. I think it is fairly straightforward to add it. You need a paragraph near the begining where you describe what the bank did - had an account, added unlawful charges and interest - usual stuff - you add that on such and such a date they sent you a defulat notice and put a default marker on your credit file but the amount o fthe default was made up mainly of unlawful charges or, at least, if there hadn't been unlawful chrges, there wouldn't have been a default.

 

Then, at the end where you say what you want the court to do, you add removal of the default markers against the claimant's credit file.