Hi all,
I'm new to posting on this forum.
One of my 2010 goals is to reclaim charges on my Topshop store card. I thought I would start a thread on my case and if anyone has any knowledge on store card charges reclaming, particularly concerning Topshop/GE Money/Santander Card Services, that they would like to share then it is gratefully appreciated.
I took out the card in September 2000. At this time it was run by GE Money.
I received a default notice on the account in November 2004 and a CCJ on the account in April 2005 for £614.58.
The debt was then passed onto Aktiv Kapital. They accepted a partial settlement of £574.58 (£40 less than the CCJ) in October 2007. I have paperwork from them confirming this partial settlement.
I wrote a prelim letter to Santander Card Services (who now run the Topshop card) on Wednesday, December 9, 2009.
The letter read:
Credit Data Management Team
Santander Card Services
PO Box 700
Leeds
LS99 2BD
Dear Sir or Madam,
RE: Topshop Card account xxxx
I am writing to request that you repay all the late payment charges and returned direct debit charges that have been applied to my account.
I do not believe the charges reflect the true cost to GE Capital Bank Limited/Santander Cards UK Limited and are unfair and disproportionate. I am therefore requesting a refund based on the Unfair Terms in Consumer Contracts Regulations 1999.
This is supported by the Office of Fair Trading’s April 2006 statement into credit card charges which noted that the level of charges at the time, and prior to that period, were unfair.
The charges total £222.00. Plus, as I believe I have been unlawfully deprived of this money, I have calculated £116.08 interest at the statutory rate, the amount the court will award.
I therefore ask that you repay me the full amount of £338.08. I have attached a full schedule of the charges and interest with this document.
I look forward to a full response to this letter within 14 days.
I included a schedule of charges with simple interest of 8%.
Now, I know the charges date back more than six years so I am aware there may be some issue regarding the Limitation Act but I thought I would worry about this if and when Santander Card Services brought it up!
However, I have had no response to this prelim letter. So I intend to send them an LBA.
I have drafted an LBA as follows:
Dear Sir or Madam,
RE: Topshop Card account xxxx
I refer to default charges applied to my account amounting to £222 plus interest at the statutory rate (which totalled £116.08 as at Weds, Dec 9, 2009 - the date of my previous letter to you) which I have requested you pay back.
I wrote to you on Wednesday, December 9, 2009, making the original request for a payment in settlement of my claim. As I have not heard from you, I am writing to inform you I intend to claim the full amount I have requested you pay back together with interest up to the date of judgment and court fees in proceedings through the county court.
This is based on the Unfair Terms in Consumer Contracts Regulations as I believe these default charges are unfair and not proportionate to your costs and that therefore the court will rule in my favour. As I am sure you are aware, the Office of Fair Trading also stated in its April 2006 statement into credit card charges that it considers charges are at a higher level than is legally fair - this report did not deem £12 to be an acceptable charge.
Please find attached an updated schedule of the charges on my account with this document.
I look forward to a full response to this letter within 14 days, otherwise I will commence court proceedings to reclaim my money.
I will include an updated schedule of charges with simple interest of 8% with my LBA.
I wondered if anyone else had taken on Topshop/GE Money/Santander Card Services and what was your experience?
Do they normally ignore prelim letters? Do they normally respond to LBAs? Is my LBA satisfactory? I'll admit my prelim and LBA are based on templates form the MSE website. It is through MSE that I found Legal Beagles.
I look forward to any comments. This is my first post on the site so please be gentle! :beagle:
I'm new to posting on this forum.
One of my 2010 goals is to reclaim charges on my Topshop store card. I thought I would start a thread on my case and if anyone has any knowledge on store card charges reclaming, particularly concerning Topshop/GE Money/Santander Card Services, that they would like to share then it is gratefully appreciated.
I took out the card in September 2000. At this time it was run by GE Money.
I received a default notice on the account in November 2004 and a CCJ on the account in April 2005 for £614.58.
The debt was then passed onto Aktiv Kapital. They accepted a partial settlement of £574.58 (£40 less than the CCJ) in October 2007. I have paperwork from them confirming this partial settlement.
I wrote a prelim letter to Santander Card Services (who now run the Topshop card) on Wednesday, December 9, 2009.
The letter read:
Credit Data Management Team
Santander Card Services
PO Box 700
Leeds
LS99 2BD
Dear Sir or Madam,
RE: Topshop Card account xxxx
I am writing to request that you repay all the late payment charges and returned direct debit charges that have been applied to my account.
I do not believe the charges reflect the true cost to GE Capital Bank Limited/Santander Cards UK Limited and are unfair and disproportionate. I am therefore requesting a refund based on the Unfair Terms in Consumer Contracts Regulations 1999.
This is supported by the Office of Fair Trading’s April 2006 statement into credit card charges which noted that the level of charges at the time, and prior to that period, were unfair.
The charges total £222.00. Plus, as I believe I have been unlawfully deprived of this money, I have calculated £116.08 interest at the statutory rate, the amount the court will award.
I therefore ask that you repay me the full amount of £338.08. I have attached a full schedule of the charges and interest with this document.
I look forward to a full response to this letter within 14 days.
I included a schedule of charges with simple interest of 8%.
Now, I know the charges date back more than six years so I am aware there may be some issue regarding the Limitation Act but I thought I would worry about this if and when Santander Card Services brought it up!
However, I have had no response to this prelim letter. So I intend to send them an LBA.
I have drafted an LBA as follows:
Dear Sir or Madam,
RE: Topshop Card account xxxx
I refer to default charges applied to my account amounting to £222 plus interest at the statutory rate (which totalled £116.08 as at Weds, Dec 9, 2009 - the date of my previous letter to you) which I have requested you pay back.
I wrote to you on Wednesday, December 9, 2009, making the original request for a payment in settlement of my claim. As I have not heard from you, I am writing to inform you I intend to claim the full amount I have requested you pay back together with interest up to the date of judgment and court fees in proceedings through the county court.
This is based on the Unfair Terms in Consumer Contracts Regulations as I believe these default charges are unfair and not proportionate to your costs and that therefore the court will rule in my favour. As I am sure you are aware, the Office of Fair Trading also stated in its April 2006 statement into credit card charges that it considers charges are at a higher level than is legally fair - this report did not deem £12 to be an acceptable charge.
Please find attached an updated schedule of the charges on my account with this document.
I look forward to a full response to this letter within 14 days, otherwise I will commence court proceedings to reclaim my money.
I will include an updated schedule of charges with simple interest of 8% with my LBA.
I wondered if anyone else had taken on Topshop/GE Money/Santander Card Services and what was your experience?
Do they normally ignore prelim letters? Do they normally respond to LBAs? Is my LBA satisfactory? I'll admit my prelim and LBA are based on templates form the MSE website. It is through MSE that I found Legal Beagles.
I look forward to any comments. This is my first post on the site so please be gentle! :beagle:
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