Can I reclaim credit card charges under financial hardship provisions?

Goldie4711

Hi,
I am in financial hardship and am wanting to claim back many £12 charges imposed on my Capital One credit card.
In addition to using Martin's credit card template, (ie. claiming under the "Unfair Terms in Consumer Contracts Regulations 1999"), should I also mention in the letter that I am additionally claiming back under the "Lending Code (Section 9) and Banking Conduct of Business Sourcebook ", per Martin's bank charges template (as this deals specifically with financial hardship)?
I believe by claiming under two pieces of legislation as opposed to one, it will add more weight to my claim, given that I am in financial hardship.
I am led to believe that I can use both, because my credit card claim is to Capital One Bank Europe plc; so my logic is that although Capital One is a credit card company, it is also a bank!
Am I right?
Has anyone else claimed back credit card charges under the "financial hardship" Regulations?
Thanks for your help.

antrobus

Goldie4711 wrote: »

Hi,
I am in financial hardship and am wanting to claim back many £12 charges imposed on my Capital One credit card.
In addition to using Martin's credit card template, (ie. claiming under the "Unfair Terms in Consumer Contracts Regulations 1999")...

I doubt you'll get very far on that basis. The OFT has already been and done the whole unfair credit charges thing. As a result they set a threshold of .... £12. Which is why Capital One charge £12.

Goldie4711 wrote: »

... should I also mention in the letter that I am additionally claiming back under the "Lending Code (Section 9) and Banking Conduct of Business Sourcebook ", per Martin's bank charges template (as this deals specifically with financial hardship)?.

Don't see any reason why the financial hardship thing doesn't apply to credit card charges as well. Of course, you will have to be able to provide evidence that you are in 'financial hardship'. Simply claiming that you are ain't enough.

Wywth

Goldie4711 wrote: »

Hi,
I am in financial hardship and am wanting to claim back many £12 charges imposed on my Capital One credit card.
In addition to using Martin's credit card template, (ie. claiming under the "Unfair Terms in Consumer Contracts Regulations 1999"), should I also mention in the letter that I am additionally claiming back under the "Lending Code (Section 9) and Banking Conduct of Business Sourcebook ", per Martin's bank charges template (as this deals specifically with financial hardship)?
I believe by claiming under two pieces of legislation as opposed to one, it will add more weight to my claim, given that I am in financial hardship.
I am led to believe that I can use both, because my credit card claim is to Capital One Bank Europe plc; so my logic is that although Capital One is a credit card company, it is also a bank!
Am I right?
Has anyone else claimed back credit card charges under the "financial hardship" Regulations?
Thanks for your help.

Have you read the MSE guide to reclaiming credit card charges?

http://www.moneysavingexpert.com/reclaim/credit-card-charges

You will see the reason for reclaiming is if the charges are considered unfair.
Your financial position does not affect the fairness or otherwise of charges. Anyone who considers their charges to be unfair can claim.

Goldie4711

Thank you both for your replies. Yes I've read the MSE guidance.
The answer is definitely "No, I can't claim under financial hardship", as those rules only apply to bank charge reclaims.
Although Capital One is a bank by legal structure (the holding company), the nature of my Agreement with them relates purely to their credit card service.
Shame