Creditor saying their £12 charge is fair - what shall I do next?

Smasher

zappafan wrote: »

They have written back saying that the charges have all been £12 & that is the amount that the OFT says is fair.

I doubt they would have said that the OFT said it was fair because that would be an outright lie..

putty71

zappafan wrote: »

Hmmmmm, so basically, I'm wasting my time writing to them any further?

Seems so strange when I've had 2 other creditors recently give me a full refund of my charges which were also only at £12.

Is there anything I can do?

Cheers guys...

Both Tesco and mint wrote to me recently offering to refund the difference so basically rather than get £450 ish I would only get £70 ish. I used the template letter and said that the £12 was a guide and unles sthey refunded me the full amount I would go to the Online Claims Court to recover all of it plus costs.
Yesterday I got a letter from each. Mint offering slightly less than my claim, Tesco slightly more. Both said sign the form and send back and refund will be made.

For the cost of a stamp or first class recorded letter, what have you got to lose? Go for it and let me and the rest know how you get on.

Well, what you waiting for ?????????????

zappafan_2

Excellent! Cheers Putty! I will do exactly as you say & I'll post my results up here!

Thanks a lot everyone!!!

unkle

Pretty old now but;

http://www.oft.gov.uk/news/press/2006/68-06

They did set a £12 threshold, but did go on to say that it doesn't mean all fee's under £12 are fair.

stellaboy

I claimed all the £12 charges back,just stand your ground and you will get them back

natweststaffmember

thumbandit wrote: »

Im not sure if its me or other posters who have got it wrong but credit card charges are already sorted and are set at £12 which is what you have been told

What co-op say is correct.

What the OFT said in 2006 when the charge was set at £12:

"1.14 It must be stressed that this is a statement of our position and reflects the exercise of our discretion as an enforcement agency. Only a court can decide finally whether a term is unfair, or at what level default charges should be set to meet the requirements of the UTCCRs. It should be kept in mind that other enforcers may apply for injunctions under the UTCCRs and that the UTCCRs may be relied upon by consumers in private claims."

Which means that NO COURT has yet to decide on a fair charge so £12 was an administrative decision on the part of the OFT in 2006 and is not a legally binding figure.