Isle of Man Claims
Contents
Comparable Laws For The Isle Of Man
There has been a number of threads on this web site that have users from the Isle of Man and they should know that Manx law is different to that of the UK.
Here is a list of the statures you have listed with the relevant law in the Isle of Man.
Please be advised that sometimes not all of the UK stature is passed into law on the Isle of Man so if they are going to use a particular clause from the UK law the should ensure that it is included over here.
Leaflets on the small claims arbitration (small claims) system over here is located at Consumer Publications - Small Claims Leaflets - Isle of Man Government Office of Fair Trading -
The forms for the court have to be collected from the high court of justice in Douglas - they are not on line.
UK Law. Consumer Credit Act (1974)
Isle of Man Law (still looking for...)
UK Law. Disability Discrimination Acts -1995 and 2005
Isle of Man Law. Not taken Up (1995 act mostly covered by other legislation)
UK Law. Contracts (Rights of Third Parties) Act 1999
Isle of Man Law. Contracts (Rights of Third Parties) Act 2001
UK Law. The Sale and Supply of Goods to Consumers Regulations 2002
Isle of Man Law. Fair trading act (amendment )2001
UK Law. Sale and Supply of Goods Act 1994
Isle of Man Law. Sale and Supply of Goods Act 1996
UK Law. Sale of Goods (Amendment) Act 1995
Isle of Man Law. Sale and Supply of Goods Act 1996
UK Law. The Limitation Act 1980
Isle of Man. Law limitations act 1984
UK Law. Data Protection Act 1998
Isle of Man Law. Data Protection Act 2002
UK Law. Theft (Amendment) Act 1996
Isle of Man Law. Criminal Justice Act 2001 Part V
UK Law. The Supply of Goods and Services Act 1982
Isle of Man Law. Sale and Supply of Goods Act 1996
UK Law. The Sale of Goods Act 1979 as amended
Isle of Man Law. The Sale of Goods Act 1983
UK Law. The Unfair Terms in Consumer Contracts Regs. 1999 & The Unfair Contracts Terms Act 1977
Isle of Man Laws. Misrepresentation and Unfair Contracts Terms Act 1986 Consumer protection act 1991 Part V unfair contract terms in consumer contracts Fair trading act 1996 Fair trading act (amendment )2001
hope this is useful for all those taking on the internationals.
Isle of Man : Template Letters
1.Subject Access Request
[your address]
[their address]
[date]
Dear Sir/Madam
ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)
Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.
Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.
If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.
I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.
If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.
I would be happy to collect the Data from my local branch.
Yours faithfully,
[name]
2.Preliminary Request for Payment
[your address]
[their address]
[date]
Dear Sir/Madam,
ACCOUNT NUMBER: xxxxxxxxx
My request
I am writing to ask you to refund to me the charges which you have levied from my account over the last 4 years.
I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.
Additionally, The UK OFT who reported on the 5th April 2006, has now confirmed that the particularly high level of penalties are considered to be unfair per se and are therefore presumed to be unlawful in the absence of specific proof to the contrary.
Your responsibilities I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with IOM law.
I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my right until now.
What I require I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX . I enclose a schedule of the charges which I am claiming with this letter
My targets to resolve this matter I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.
I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.
If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.
After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.
Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.
In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.
Yours faithfully,
[name]
3.Letter Before Action
[your address]
[their address]
Dear Sir/Madam,
ACCOUNT NUMBER: xxxxxxxxx
I am very disappointed that you have failed to respond to my letter of the [XXDATEXX].
I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.
I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with IOM law.
I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.
I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX. I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the [XXDATE OF FIRST LETTERXX]
Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.
In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.
I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 2002 plus my costs and without further notice.
Furthermore I shall submit a complaint to the OFT upon the basis that you have failed to comply with the UK OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the Money Lenders Act 1991. If you do not understand what this means then seek advice from your legal department.
Yours faithfully,
[name]
4. Particulars of Claim
BETWEEN
JOE BLOGGS CLAIMANT
And
GRABBBIT BANK LTD DEFENDANT
1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]
2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.
3. A list of the charges applied is attached to these particulars of claim.
4. The Claimant contends that:
a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.
b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Protection Act 1991 Part V, the Fair trading act (amendment) 2001 and the common law.
5. Accordingly the Claimant claims:
a) the return of the amounts debited in respect of charges in the sum of £3 and any interest charged thereon;
b) Court costs;
c) Interest pursuant to Section 41 of the High Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.
I believe that the contents of these particulars of claim are true
Signed:
Date:
Notes
Delete words in square brackets if not applicable
- Insert a/c no.
- Insert Date
- Insert Sum
