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How much is owing please?
its insignificant - only £75 but I am a committee member of the chalet owners tenants association and we are in serious dispute with the Council over a range of issues.
DSorry - co0ntinued
therefore I don't want to have to 'give in' too easily because they will then think that such may be the case over much more serious matters.
Equally, I don't want to spend thousands of pounds either.
I'm more interested in what is the legallity of their stance
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
do i have a good case?
am i right that their actions are unlawful
Not necessarily unlawful no
why - I thought that you cannot make a peofit from the sale of electrictty
Clearly energy companies can
yes - but you cannot do so by 're-selling it'
But in any event you should take the steps I have outlined above.
but why would I enter a case if the Councils actions are not unlawful
could you tell me why they are NOT unlawful pklease
Because you would want back the excess charged.
But if they do not in law have to refund that to me - then legally, I would not have a case?
They are permitted to charge:
Is the amount they have paid for it, plus VAT at the appropriate rate; this is termed the Maximum Resale Price or MRP.
They can not charge in excess from this.
but they are in effect arguing that they will only refund money if I sign a disclaimer - surely this itself is illegal
No - its not illegal.
What they are saying is when you sign, you will take no further action
So you have 2 choices:
1) Sign and take no further action
2) Refuse to sign and take to Court
nearly finished - so they can insist that unless i absolve them of all futrure responsibilty with regsards to the matter, they csan legally withold a refund?
that sounds to me like legalised blackmail
Its a decision that you make.
They are offering a settlement.
You either accept it or reject it
okay - thanks for your advice
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