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Multiple FOS complaints Credit Card charges
jon2013
Posts: 4 Newbie
I hold several credit and store cards, which over the years I've incurred various late payment and over limit charges.
These add up to some significant amounts.
Using the guide on this site I have written to the companies, detailing the charges and requesting a refund.
As expected the companies have either "ignored" my letter (not written back within the two week timescale) or sent me a boilerplate letter "sorry we're not refunding any charges...." letter.
I've now sent the the next letter threatening court action. To date I've only received one letter back, stating "our final answer is no refund" but "here's the FOS details if you want to complain to them".
I've read the guidance on FOS complaints, and it seems quite straightforward.
I'm assuming that most if not all of the other companies will be sending me similar "we're not paying anything" letters, is there any danger of submitting multiple FOS complaints at the same time?
Two of the banks have to date not sent me any acknowledgement of receiving my complaint letters. Should I somehow check to see that they have received my letters before making a FOS complaint?
These add up to some significant amounts.
Using the guide on this site I have written to the companies, detailing the charges and requesting a refund.
As expected the companies have either "ignored" my letter (not written back within the two week timescale) or sent me a boilerplate letter "sorry we're not refunding any charges...." letter.
I've now sent the the next letter threatening court action. To date I've only received one letter back, stating "our final answer is no refund" but "here's the FOS details if you want to complain to them".
I've read the guidance on FOS complaints, and it seems quite straightforward.
I'm assuming that most if not all of the other companies will be sending me similar "we're not paying anything" letters, is there any danger of submitting multiple FOS complaints at the same time?
Two of the banks have to date not sent me any acknowledgement of receiving my complaint letters. Should I somehow check to see that they have received my letters before making a FOS complaint?
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Comments
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Are you claiming under the hardship provision? If you're claiming on the grounds of them being unfair, you're a few years too late.0
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I hold several credit and store cards, which over the years I've incurred various late payment and over limit charges.
These add up to some significant amounts.
Using the guide on this site I have written to the companies, detailing the charges and requesting a refund.
....
Not that many realised then, but a report in April 2006 by the Office of Fair Trading (OFT) was crucial in supporting reclaimers’ cases. Having investigated credit card charges the OFT said, in plain language, that it would not launch a specific investigation on any card companies with charges lower than £12........ it certainly has made it a lot easier to reclaim back the difference between what you were charged and the £12 figure. So for each £35 charge, you should get at least £23 of it back; though many may be able to get the whole £35.
http://www.moneysavingexpert.com/reclaim/credit-card-charges
However, the problem is that since the OFT made its decision in April 2006, most credit card companies reduced their charges to £12, and it appears that the FOS have accepted the argument that the £12 charge is perfectly fair and thus routinely dismiss such complaints, whilst challenging anything that happened before April 2006 would now be statute barred.0 -
Are you claiming under the hardship provision? If you're claiming on the grounds of them being unfair, you're a few years too late.
I hope the OP is not attempting to reclaim store and credit card charges on the basis of financial hardship
Financial hardship doen't even come into attempting to reclaim store or credit card charges.
Why do you say the OP is too late to reclkaim unfair creit card charges? :huh:0 -
...However, the problem is that since the OFT made its decision in April 2006, most credit card companies reduced their charges to £12, and it appears that the FOS have accepted the argument that the £12 charge is perfectly fair and thus routinely dismiss such complaints, whilst challenging anything that happened before April 2006 would now be statute barred.
It is not the role of the FOS to adjudicate on the fairness or otherwise of charges. Only the law courts can do that.
The OFT has said it will take on any card provider in court that charged in excess of £12 (unless the card provider could otherwise prove such a higher fee was fair)
On that basis the FOS reminded any card provider of this fact, so encouranging card providers to refund such excess charge on request.
If an individual wished to claim a fee of £12 or less was unfair, it would be left to them to pursue such a claim. If the card provider is unwilling to refund such charges, the individual can go on to challenge that in court.0 -
...Two of the banks have to date not sent me any acknowledgement of receiving my complaint letters. Should I somehow check to see that they have received my letters before making a FOS complaint?
To expect the FOS to consider any complaint for you, they will require you to have given the financial institution at least 8 weeks to resolve the complaint directly with you (or sent you a deadlock letter)
What proof do you have you sent a complaint? I would recommend sending complaints by recorded delivery as this will provide proof of receipt.
With no acknowledgement of receipt, what proof do you have?
So yes, I would suggest you try to obtrain evidence of some form that the complaint has been received. Otherwise send it again, this time by recorded delivery
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It is not the role of the FOS to adjudicate on the fairness or otherwise of charges. Only the law courts can do that....
OK, perhaps I should have written that the "FOS have accepted the argument that the £12 charge is perfectly OK and thus routinely dismiss such complaints". Doesn't change the fact that people have complained to the FOS about £12 charges and got nowhere.....If an individual wished to claim a fee of £12 or less was unfair, it would be left to them to pursue such a claim. If the card provider is unwilling to refund such charges, the individual can go on to challenge that in court.
Yes, almost anything can be challenged in court, if you are that way inclined.0 -
OK, perhaps I should have written that the "FOS have accepted the argument that the £12 charge is perfectly OK and thus routinely dismiss such complaints". Doesn't change the fact that people have complained to the FOS about £12 charges and got nowhere.
No, because it's not the role of the FOS to arbitrate when someone claims a charge is unfair. Only the law courts can decide this. That is the basis on which the FOS routinely dismiss such complaints.0 -
No, because it's not the role of the FOS to arbitrate when someone claims a charge is unfair. Only the law courts can decide this. That is the basis on which the FOS routinely dismiss such complaints.
So the FOS do "routinely dismiss such complaints". Glad to get confirmation that I was right.0
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