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  • FIRST POST
    • sarahd83
    • By sarahd83 12th Oct 16, 7:24 AM
    • 3Posts
    • 0Thanks
    sarahd83
    Old credit card charges reclaim
    • #1
    • 12th Oct 16, 7:24 AM
    Old credit card charges reclaim 12th Oct 16 at 7:24 AM
    Hi all, I'm new to this so hope I do it right. I'm wondering if I can claim back my credit card late payment, over payment and default charges? Both me and my husband had 2 credit cards each but they were settled and closed back in 2009-2010 can I claim back the charges for them as at the year before we settled them my husband was out of work and we had lots of charges being added onto them and I know they were £30-£35 each time. Any advise would be great thank you.
Page 1
    • Mersey
    • By Mersey 12th Oct 16, 2:46 PM
    • 1,243 Posts
    • 565 Thanks
    Mersey
    • #2
    • 12th Oct 16, 2:46 PM
    • #2
    • 12th Oct 16, 2:46 PM
    Yes, you can always write to the bank's Cards Customer Services team. They'll often refund charges if there was a good reason.


    Although it's best to do it at the time.


    But there's no entitlement to reclaim.
    Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.
    • Nasqueron
    • By Nasqueron 12th Oct 16, 3:36 PM
    • 2,953 Posts
    • 1,597 Thanks
    Nasqueron
    • #3
    • 12th Oct 16, 3:36 PM
    • #3
    • 12th Oct 16, 3:36 PM
    Generally speaking you should assume historical charges will not be refunded and if they decide to, it would be a bonus. There is no entitlement to refunds of bank charges, since the court case win in 2009 banks have refused all claims of "unfair" charges related to banking and that will have set a precedent for other "unfair" charges e.g. those on credit cards. Given the charges were valid and correctly applied I wouldn't hope for much and see what happens
    • sarahd83
    • By sarahd83 14th Oct 16, 8:44 AM
    • 3 Posts
    • 0 Thanks
    sarahd83
    • #4
    • 14th Oct 16, 8:44 AM
    • #4
    • 14th Oct 16, 8:44 AM
    Hi, thanks for replying. I know that the banks won their case with regard to bank charges but I thought it was different for credit card late payment and default charges am I right?
    • zx81
    • By zx81 14th Oct 16, 8:55 AM
    • 9,322 Posts
    • 9,147 Thanks
    zx81
    • #5
    • 14th Oct 16, 8:55 AM
    • #5
    • 14th Oct 16, 8:55 AM
    No. The fees were lowered some years back to a standard £12 but they were not deemed unlawful.
    • sarahd83
    • By sarahd83 14th Oct 16, 9:05 AM
    • 3 Posts
    • 0 Thanks
    sarahd83
    • #6
    • 14th Oct 16, 9:05 AM
    • #6
    • 14th Oct 16, 9:05 AM
    Oh I see I must of read it wrong. Thank you.
    • brown1950
    • By brown1950 16th Oct 16, 12:18 AM
    • 220 Posts
    • 43 Thanks
    brown1950
    • #7
    • 16th Oct 16, 12:18 AM
    • #7
    • 16th Oct 16, 12:18 AM
    ZX 81

    Can you please advise on what legal premise you can back up your statement that £12 fees are legal ?

    Nasqueron

    And again you talk about bank charges on a credit card subject ? why ? Banks winning in the Supreme Court did NOT set a precedent for credit card charges. Why do you continue to give wrong information to posters on this site ?
    • -taff
    • By -taff 16th Oct 16, 11:08 AM
    • 6,458 Posts
    • 3,730 Thanks
    -taff
    • #8
    • 16th Oct 16, 11:08 AM
    • #8
    • 16th Oct 16, 11:08 AM
    Can you please advise on what legal premise you can back up your statement that £12 fees are legal ?
    Originally posted by brown1950

    First search result on google

    https://www.citizensadvice.org.uk/debt-and-money/borrowing-money/credit-cards/the-costs-and-charges-of-credit-cards/#h-default-and-late-payment-charges


    and amazingly, also on this site

    http://www.moneysavingexpert.com/reclaim/credit-card-charges#guide
    • Nasqueron
    • By Nasqueron 16th Oct 16, 11:30 AM
    • 2,953 Posts
    • 1,597 Thanks
    Nasqueron
    • #9
    • 16th Oct 16, 11:30 AM
    • #9
    • 16th Oct 16, 11:30 AM
    ZX 81

    Can you please advise on what legal premise you can back up your statement that £12 fees are legal ?

    Nasqueron

    And again you talk about bank charges on a credit card subject ? why ? Banks winning in the Supreme Court did NOT set a precedent for credit card charges. Why do you continue to give wrong information to posters on this site ?
    Originally posted by brown1950

    As above, the fees of £12 were agreed with the regulator and the banks and are legal. Even at the time the higher ones were legal as they were all presented up front.

    In the UK law is based on precedent, if someone takes the banks to court on a large "class action" basis for credit cards like with the bank charges the courts will look at the court case in 2009 and use that as a basis, they would not ignore the previous case and set up a brand new completely opposite decision as that's not how the system works especially as the charges are the same thing for both i.e. a complaint of "unfair" charges.

    Moreover, these charges were all avoidable, the charges were in place because financial matters were not handled correctly, more money was spent than was coming in. Banks now have an obligation to deal with such financial hardship cases.

    As ever, I challenge you to put your own money up and pay for individuals to go through a court complaint given you are so sure they will win

    http://www.inbrief.co.uk/personal-finance/supreme-courts-ruling/

    http://www.inbrief.co.uk/legal-system/precedents/
    Last edited by Nasqueron; 16-10-2016 at 11:35 AM.
    • micky2phones
    • By micky2phones 23rd Oct 16, 12:38 AM
    • 264 Posts
    • 217 Thanks
    micky2phones
    Hi, i claimed 2300.00 from Abbey National.

    400.00 from Capial One.

    Helped claim 800.00 from Nat West for a friend.

    Helped claim 900.00 from Capial One for another friend.

    This was when Banks,Building Society and Credit Cards were paying from 50% to 75% back of the total charges paid.
    • -taff
    • By -taff 23rd Oct 16, 8:31 PM
    • 6,458 Posts
    • 3,730 Thanks
    -taff
    Taff
    You don't know what you are talking about. Copy and paste articles which have no legal
    basis does not help the OP.
    Originally posted by brown1950
    Neither do you.

    Back up your implied claim that £12 fees are not legal.

    You do seem to love arguing for the sake of it. If you're so sure you would win a small claims court 'victory', then why are you offering to help someone if someone else pays your price for doing it? If you're that sure, do it for free and enjoy the smugness if you do win.


    Actually, while I'm here, you never did update your post about taking Barclays and Barclaycard to the small claims court in 2006/2007. How did that go?
    Last edited by -taff; 23-10-2016 at 8:43 PM.
    • brown1950
    • By brown1950 3rd Nov 16, 2:33 AM
    • 220 Posts
    • 43 Thanks
    brown1950
    Taff-

    At no stage has anybody including YOU showed that £12,00 fees for late payment/over credit limit fees are legal . Have these fee's been tested in Court ?
    The result of my Court action against Barclaycard cannot be discussed on public sites like this owing to a confidentiality clause. I can however direct you to a website which clearly shows people recovering these fees !
    • -taff
    • By -taff 3rd Nov 16, 7:04 AM
    • 6,458 Posts
    • 3,730 Thanks
    -taff
    I'm not arguing it's not legal - you are?

    FYI, I'll be puting you on ignore form now on, your posts are never helpful, usually antagonistic and argumentative, I can't be doing with it.
    • Nasqueron
    • By Nasqueron 3rd Nov 16, 9:10 AM
    • 2,953 Posts
    • 1,597 Thanks
    Nasqueron
    Taff-

    At no stage has anybody including YOU showed that £12,00 fees for late payment/over credit limit fees are legal . Have these fee's been tested in Court ?
    The result of my Court action against Barclaycard cannot be discussed on public sites like this owing to a confidentiality clause. I can however direct you to a website which clearly shows people recovering these fees !
    Originally posted by brown1950
    The onus is on the claimant, not the defender. If these charges have not been ruled unfair then they are fine.

    You may get refunds from the CC for several reasons

    1) First offence, asking nicely
    2) Current financial hardship
    3) Showing charges were incorrectly applied

    You will not get a refund of a current CC charge purely on the grounds the fee is "unfair", nor should you. Manage your account properly and you don't get fees
    • brown1950
    • By brown1950 22nd Nov 16, 3:13 AM
    • 220 Posts
    • 43 Thanks
    brown1950
    So why are Barclaycard refunding late payment / over credit limit fee's ?

    The answer is obvious but of course certain posters argue against refunds with no legal argument to support.
    • brown1950
    • By brown1950 22nd Nov 16, 3:20 AM
    • 220 Posts
    • 43 Thanks
    brown1950
    Nasqueron

    ''As ever, I challenge you to put your own money up and pay for individuals to go through a court complaint given you are so sure they will win ''

    I replied to your post but why was it deleted ?
    • Nasqueron
    • By Nasqueron 22nd Nov 16, 9:55 AM
    • 2,953 Posts
    • 1,597 Thanks
    Nasqueron
    So why are Barclaycard refunding late payment / over credit limit fee's ?

    The answer is obvious but of course certain posters argue against refunds with no legal argument to support.
    Originally posted by brown1950
    Because they have to be seen to be fair and it's cheaper to autopay individual cases than fight! A large scale class action style case would be defended. Same reason they just refund losses from hacking attempts rather than do anything about it or why they refund money taken from consumers who are dumb enough to give their card details away in many cases
    Last edited by Nasqueron; 22-11-2016 at 9:58 AM.
    • Nasqueron
    • By Nasqueron 22nd Nov 16, 9:56 AM
    • 2,953 Posts
    • 1,597 Thanks
    Nasqueron
    Nasqueron

    ''As ever, I challenge you to put your own money up and pay for individuals to go through a court complaint given you are so sure they will win ''

    I replied to your post but why was it deleted ?
    Originally posted by brown1950
    Your post was deleted and for some reason mine was as well, last time I looked at this thread it was there even though yours was deleted - the one where I proved beyond any doubt that UK court cases (even consumer ones) rely on precedent, as I showed by citing numerous previous cases which the supreme court cited in 2009 as part of their judgement which closed off the bank charges case
    • Moonchild10
    • By Moonchild10 25th Nov 16, 1:57 PM
    • 2 Posts
    • 0 Thanks
    Moonchild10
    Thanks for sharing, this thread very useful information!
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