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OFT Debt Collection Guidance (merged)

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Comments

  • Tony_Soprano reclaiming the Late Payment fees and the Exceed Limit fees is what the reclaiming bank charges is all about. The overwhelming body of opinion is that these are both unlawful in common law and unfair in statute law (Unfair Terms in Consumer Contracts Regulations 1999) so yes you can reclaim those.

    £400 for Outside Agency charge would appear to be contrary to the OFT guidelines mentioned above. You would have to refer to your contract to see if they can charge you the fee and also did they inform about it before charging you as you can read in the guidelines. There could be a strong possibility that it would be found unfair and unenforceable, but it is worth putting it into your claim.

    Remember that most of the banks and credit card companies are not fighting these cases when they come to Court and so it is unlikely that putting the £400 into your claim will suddenly change their minds about challenging your claim. Even if they do successfully challenge the £400, they might lose the other charges which would set the legal precedent the companies are so keen to avoid and which is why they are paying out.
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