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Want to be a credit card reclaiming complaint mishandled test case?
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MSE_Martin
Posts: 8,272 Money Saving Expert
Credit card reclaiming isn’t on hold.
If you wrote to your card provider and were told complaints are on hold; this is a lie. Bank charges are, credit cards are not. If this has happened to you and you are now waiting until you can continue your reclaim, I need your help.
The Financial Ombudsmen Service has confirmed that it is possible to “complain about how a complaint is handled”, which includes a bank saying your credit card case is affected by the bank charges test case.
As this is such a fundamental issue, I believe we need clarity on it and my suspiscion is the Ombudsman will handle a credit card test case quickly to get a precedent set for all other complaints. Thus if it has happened to you; I would love you to be a test case.
Now there’s no problem doing this, complaining to the Ombudsman is free, and the worst that can happen is it can say “there’s no complaint” and if it does there’s no worry, you just don’t get your complaint uphold.
If you are willing to do this, my team and I will help you fill in the form and see through your complaint. Also if we get a win it's likely to get some publicity, so I’d ask you only put your name forward if you’d be willing to speak to the press.
If you can help please do.
How to volunteer?
Simply send an e-mail to [EMAIL="casestudy@moneysavingexpert.com"]casestudy@moneysavingexpert.com[/EMAIL] with a brief note about what happened to you and what was said. Please don't email individual questions to this address as we won't be able to answer them.
Related Articles: Credit Card Charges Reclaiming
Thanks in advance
Martin
If you wrote to your card provider and were told complaints are on hold; this is a lie. Bank charges are, credit cards are not. If this has happened to you and you are now waiting until you can continue your reclaim, I need your help.
The Financial Ombudsmen Service has confirmed that it is possible to “complain about how a complaint is handled”, which includes a bank saying your credit card case is affected by the bank charges test case.
As this is such a fundamental issue, I believe we need clarity on it and my suspiscion is the Ombudsman will handle a credit card test case quickly to get a precedent set for all other complaints. Thus if it has happened to you; I would love you to be a test case.
Now there’s no problem doing this, complaining to the Ombudsman is free, and the worst that can happen is it can say “there’s no complaint” and if it does there’s no worry, you just don’t get your complaint uphold.
If you are willing to do this, my team and I will help you fill in the form and see through your complaint. Also if we get a win it's likely to get some publicity, so I’d ask you only put your name forward if you’d be willing to speak to the press.
If you can help please do.
How to volunteer?
Simply send an e-mail to [EMAIL="casestudy@moneysavingexpert.com"]casestudy@moneysavingexpert.com[/EMAIL] with a brief note about what happened to you and what was said. Please don't email individual questions to this address as we won't be able to answer them.
Related Articles: Credit Card Charges Reclaiming
Thanks in advance
Martin
Martin Lewis, Money Saving Expert.
Please note, answers don't constitute financial advice, it is based on generalised journalistic research. Always ensure any decision is made with regards to your own individual circumstance.
Please note, answers don't constitute financial advice, it is based on generalised journalistic research. Always ensure any decision is made with regards to your own individual circumstance.
Don't miss out on urgent MoneySaving, get my weekly e-mail at www.moneysavingexpert.com/tips.
Debt-Free Wannabee Official Nerd Club: (Honorary) Members number 000
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Comments
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Martin
can you not do a similar complaint re banks ignoring the hardship ruling in the waiver???
:money:0 -
we're trying to do that a different way via the OFT/FSAMartin
can you not do a similar complaint re banks ignoring the hardship ruling in the waiver???
:money:Martin Lewis, Money Saving Expert.
Please note, answers don't constitute financial advice, it is based on generalised journalistic research. Always ensure any decision is made with regards to your own individual circumstance.Don't miss out on urgent MoneySaving, get my weekly e-mail at www.moneysavingexpert.com/tips.Debt-Free Wannabee Official Nerd Club: (Honorary) Members number 0000 -
Thanks for replying. If you need any evidence let me know.
for some strange reason i have today had a letter from the bank saying we are pleased to offer you an informal overdraft as your account is overdrawn?? I didnt ask for it??? I wonder if they are doing this to show goodwill as FOS are investigating my complaint re hardship etc???
I will read it properly in a while (half term)!!0 -
hi
unfortunately this is there new bank code for have some bank charges as a fee.
all dressed up in friendly terms but results still whatever charges they used to charge or more.
Borgbaiterclaimed/settled - Natwest £2,535/£2,535, HSBC visa £80/£80, MBNA £1,258/£1,258, capital one £282/£282, tesco visa £515/£515, HSBC visa £140/£140. HSBC £1,450 MCOL Stayed for OFT case. Chelsea Mortgage charges & cashback £5000/£672. complaints with banks pending OFT Halifax £30, A&L £35. TOTALS £11,325/£54820 -
sent a letter to reclaim charges from TSB REF CREDIT CARD AT THE START OF JULY 07 TSB WROTE BACK OT SAY THAT THEY WOULD NOT BE REPAYING
I SENT MARTINS LETTER THREATING COURT ACTION AFTER 4 MONTHS I NOW GET LETTER OFFERING A FULL SETTELMENT £584.55
MANY THANKS TO MARTIN:T0 -
Can you do anything about judges? My claim was stayed at Halifax County Court because a senior judge said although the OFT case was about current account claims .....credit card claims are similar and as such the ruling may be applied as an analogy. I faxed to dispute this but was told I had to stump up £75 for it to get looked at.
I've complained to the court but of course they can't comment on judicial decisions.
Pathetic.
The stay wasn't even requested by the bank.0 -
Got this in the weekly email, and thought I would atke a look. I know some CC companies are doing this, but so are the third party claims companies (because they lack knowledge) - many of these send letters to CC companies stating "cases are on hold but you have to register them" "we look forward to your response once the test case has been resolved".
Seen plenty of these letters sent to the CC company I work for (issuing the same refunds as it happens)No Longer works for MBNA as of August 2010 - redundancy money will be nice though.
Proud to be a Friend of Niddy.
no idea what my nerdnumber is - i am now officially nerd 229, no idea on my debt free date0 -
Ive had a letter from the courts not the banks saying
"Following the filing of a defence or holding defence the claim shall be stayed pending judgement in the Office Fair Trading test case".
This is for a cahoot (abbey) credit card.regards
Mark0
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