Reclaiming charges on my credit card

chor7on

I may be several years too late, but I wanted to know if there's still a chance that I can reclaim the following on my credit card which expired in 2006. It was an Abbey credit card, but had MBNA on it.. I still have the card.

I've been making payments on it each month, but want to know if it is worth me writing a letter to claim any of the following back.

1. default charges
2. late payment fee and
3. interest

I've bene unemployed for two months now and am weighing up my options of trying to find money. I am aware I may not get anything, but would appreciate any help or guidance from users on this forum.

bengalknights

The only thing you could reclaim would have been missold ppi, the others charges are all above board.

Kyresa

Are you sure? Especially as the CC charges were reduced from the £25, to £12, which was deemed fair?

I'd say there was still a claim for any charges over £12 to be made personally (i.e. paid £25, request £13 back, not the whole £25).

chattychappy

The usual rule is you have 6 years, so you would be timed out for all but the most recent charges.

Interest would likely be legit. The other charges would depend on the situation. Penalty charges (such as late payment fees) should not exceed the cost to the CC for the breach. The OFT held that there is a rebuttable presumption that late payment fees above £12 are unfair. Most CCs instantly reduced their penalty fees to this level. But note that a fee above £12 might be reasonable and a fee below £12 could still be unfair.

So all very difficult to establish - and very possibly all above board.

chattychappy

Kyresa wrote: »

Especially as the CC charges were reduced from the £25, to £12, which was deemed fair?

The problem is that it was the OFT that did the deeming. Above £12 they would take the view that the charges could be unfair and they could investigate. But they are not a court - an individual would have to persuade a court (or the FOS) that in the particular circumstances the charges were actually unlawful.

Indeed, from what I remember, the OFT did point out that the £12 wasn't meant to be an amount that would be OK. But it has, nevertheless, become a defacto standard.

chor7on

Thanks for the replies. Is it worth sending the template and trying to reclaim all the late payment fees/charges above £12? What is the likelihood I will get anything back? How long would it take to receive a payment, assuming I get anything at all?

chor7on

Is there a chance that if my default charge payments were £25, I could claim back £13 of it dating back 6 years ago until it was changed down to £12?