"Excellent well I'll start court ASAP then, e-mails are counted I think so I can prove if it comes to it that I tried to deal with it without court action"
Received final response today.
Issued court action today
1. The Claimant has an account n422149 with the Defendant, opened May 2004 2. On 11/09/06 the Defendant debited a charge in respect of purported breaches of contract. 3. Defendant is aware of all details as my charge has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: return of the amounts debited of £47 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.
Issued court action today
1. The Claimant has an account n422149 with the Defendant, opened May 2004 2. On 11/09/06 the Defendant debited a charge in respect of purported breaches of contract. 3. Defendant is aware of all details as my charge has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: return of the amounts debited of £47 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.
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