Has anyone been successful?

dayisgreen

Hi there,

Just wanted to see if anyone had been successful with either Halifax Mastercard, Halifax Visa and Capital One in claiming back £12 charges?

Paul_Herring

You might have better luck posting on http://forums.moneysavingexpert.com/forumdisplay.html?f=102

ICan'tStandIt

dayisgreen wrote: »

Hi there,

Just wanted to see if anyone had been successful with either Halifax Mastercard, Halifax Visa and Capital One in claiming back £12 charges?

£12 is the new, reduced default charge. Why are you claiming these back ?

Some have tried to claim the old £24 charges back (and often just had a £12 refund per charge), but why are you trying to claim back the £12 ones ?

dayisgreen

Because I don't believe it would cost £12 for this and even though £12 is the reduced default charge, others are claiming these back. It's £350 worth so to me it's a lot of money.

never-in-doubt

dayisgreen wrote: »

Because I don't believe it would cost £12 for this and even though £12 is the reduced default charge, others are claiming these back. It's £350 worth so to me it's a lot of money.

You can claim them back yes, if the account was in dispute/on hold or other criteria was/wasn't met.

TBH it doesn't matter what you believe (not meaning to sound harsh) because the courts are deciding that 12 is an acceptable rate thus we have no say, that's the way it is.

You do, have a right though, to challenge the bank and if the charges are wrong you then advise them that you charge 30 per letter and will invoice them monthly. They tend to sort out your problems a little quicker cos they know legally, once you give them notice to charge for services, they are obliged to pay unless they defer or make arrangement with you to the contrary.

This area is complex and cannot be used willy-nilly. What exactly is the reason for 30 charges to your account and what type of account and what lender? Is it Hfx or Cap1 or both? Is it 15 charges each or 30 to one, please be specific.....

EDIT:
Sorry it was not the courts, moreso OFT as Exel kindly pointed out.

Nathan_Spleen

never-in-doubt wrote: »

met.

TBH it doesn't matter what you believe (not meaning to sound harsh) because the courts are deciding that 12 is an acceptable rate thus we have no say, that's the way it is.

The courts are not ''deciding that 12 is an acceptable rate''. The £12 is reclaimable in it's entirety pricisely because no court has given a view in it.

exel1966

never-in-doubt wrote: »

You can claim them back yes, if the account was in dispute/on hold or other criteria was/wasn't met.

TBH it doesn't matter what you believe (not meaning to sound harsh) because the courts are deciding that 12 is an acceptable rate thus we have no say, that's the way it is.

.....

No court in the land has decided anything of the sort. The Governement/OFT (Office of Fair Trading) has deemed that a £12 charge is fair and anything above would be unfair as it would be disproportionate.
The OFT asked the card companies for self regulation on this matter to prevent the matter from going to court. They agreed !

never-in-doubt

Nathan_Spleen wrote: »

The courts are not ''deciding that 12 is an acceptable rate''. The £12 is reclaimable in it's entirety pricisely because no court has given a view in it.

True, but the powers that be are deciding the fate. We all know 12 is acceptable and will remain in force.

Without being picky did you not see the part where I pointed out that it was reclaimable?

never-in-doubt

I love it how all of a sudden if you post something incorrect you get the leeches jump on to critisize but do they actually help the OP? Nope.....

Thanks for reminding me that the courts didn't decide - how silly of me to think that the government and OFT have no powers.... tut tut

Nathan_Spleen

exel1966 wrote: »

The Governement/OFT (Office of Fair Trading) has deemed that a £12 charge is fair

No they haven't. In fact they have expicitly stated that they have not made a determination on the fairness of a £12 fee.

never-in-doubt

Nathan_Spleen wrote: »

No they haven't. In fact they have expicitly stated that they have not made a determination on the fairness of a £12 fee.

Well technically they have because the banks know, as do we, that if this does go further (dragged through the courts) the judge is likely to award to the consumer and say even 12 is too high.....

They don't want to get embroiled in the fight but they have to offer some guidance so officially they will say 'we're remaining impartial' whereas unofficially they are asking the banks to self police to avoid court!

Surely that's the way it is? Unless you can enlighten us with the exact facts (please) - would be interesting and helpful.....