Has anyone been successful?

exel1966

never-in-doubt wrote: »

It becomes silly when so many different powers start intervening (i.e. too many differing laws/acts etc) - but so long as we the consumer benefit i;ll be happy

That's all part n parcel of British beaurocracy working at it's, hmmmmmm best ?

Nathan_Spleen

My view is that future cc default charges will be lowered and that a figure will be decided by a court. I think that historical and currrent charges will be voided under UTCCR as an unfair term in a contract means that the term and the charge it triggers is struck down in full. I would imagine that the OFT are waiting on the outcome of the bank charges test case so they can apply the same principles established to cc default charges.

Until recently it was thought that the OFT could not enforce UTCCR retrospectively but in a case with Foxtons Estate Agents a few weeks ago the OFT won an appeal in the Court of Appeal which ruled that they could. http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2009/288.html

exel1966

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.

'Where credit card default charges are set at more than £12, the OFT will presume that they are unfair, and is likely to challenge the charge unless there are limited, exceptional business factors in play'

The card companies have every right to refuse your request, however it doessn't mean that you can't persue it if you want to spend your time and money on it. They may back down if you bombard them with letters, but they probably won't.

dayisgreen

emmm...Im slightly confused now after reading through all that. It is 3 cards, Visa, Mastercard and Capital One - it is my Visa that has the most charges and 2 of these were £25 from years before. The remaining are all £12 however the majority of these are because I missed one payment due to being off sick from work for a lengthy time and it took me over the limit and then more charges were just constantly wacked on within a couple of months - so I was really being charged £24 per month (I think) to me this is just ridiculous!!!

exel1966

Nathan_Spleen wrote: »

I would imagine that the OFT are waiting on the outcome of the bank charges test case so they can apply the same principles established to cc default charges.

But because the card companies have acted quickly by reducing the charge to £12 on 'advice' or more accurately 'arm twisting' by the OFT, they may decide themselves not to persue it further ?

It wouldn't surprise me if an agreement between the two sides has already been struck. However, every individual will still have their right to challenge it.

Only time will tell !