Credit Card Reclaiming Discussion

ostrich_lady

I have been charged for late payments and was paying PPI which was not needed for years. The site gives excellent advice on both of these, but can letters be sent off for both aspects at the same time, or is it best to go for just one - see if you get any success - and then approach the other?

s0095063

Hi. I hope i'm posting in the right thread!

I have just read the article on Credit card reclaiming and it has motivated me to try and get things organised. At the start of summer i tried to start proceedings to claim charges back from my credit cards (i didnt know about this site then and used ukpenaltycharges forum). I have 3 cards which i was trying to claim on, but with limited success. Here is how they fared:

1. Bank of Scotland CC - requested charges totalling £399 - recieved a letter of refusal on 19th June 2007

2. Barclaycard CC - requested charges totalling £288 - recieved 'goodwill' gesture of £120. I sent a letter asking for the full refund and recieved a refusal on 27th June 2007

3. A&L CC - i have the list of charges totalling £605 - have not sent in claim form as yet.

I have a couple of questions that i hope someone may be able to help me with. Firstly, is it ok for me to send another letter asking for a refund, even if they have refused me already? Secondly, does the fact i did not challenge Barclays refusal for the full refund mean that i cannot proceed with that claim? (Their letter stated they would close the complaint after 8weeks on their files?) And finally, as i am based in scotland, are there any quirky scottish laws that might throw a spanner in the works to my claims?

Thank you in advance for any help!:beer:

durian

durian wrote: »

Hi

This is my first post. I just want to know if anybody has successfully claimed late penalty charges for GBP12. I know it is still deemed unfair and unlawful but if there is any success, I would appreciate to have a copy of the letter to start my "hunt".

Many thanks

Any success stories wrt fee of GBP12?

planetme

Hi,

Any help on this situation would be appreciated.....

I sent a letter to all 3 of my credit cards, with a cheque for £10 as suggested for a copy of all charges over the last 6 years. I have had a reply from both Capital One and Halifax. An offer from Capital One that I have refused and asked for the full amount, Halifax have kindly got in touch and said that they are dealing with my request and will send the information as soon as possible (I wonder why they're so busy?)........

However back to Natwest......

Letter 1 sent 11/10/2007 - requesting list of charges

Letter dated 23/10/2007 sent back from Natwest saying that the £10 cheque was not sufficient to cover my minimum payment and that I have defaulted and may be asked to pay the full amount if this situation is not dealt with promptly.......

In the same post came a letter from Natwest explaining how they were sorry about the fact that I am upset about the charges and as a goodwill offer heres £176.96 with no mention of the list of charges as requested and paid for..... as the cheque has been cashed (as payment for my credit card bill) even though the cheque acompanied the letter asking for the list of charges.

I phoned Natwest and explained that I had already made a monthly payment and that the cheque was sent with a letter explaining what the £10 was meant for. I was told that the matter was in hand and that it would be sorted. I have recieved this months credit card statement and there it is a payment of £10 with my cheque..........:mad:

They have now got less than a week until the 40 days are up should I chase it up further or wait until they run over 40 days?

Please help if you have dealt with Natwest in the past or having the same struggle or simply know what I should do next...... thanks

kyleapt342

ive had my card for 15 months now and had a fair few charges in the first 5 months but i presume cos of the time ive had it they will all have been £12. Is it even worth me trying to claim them if they were £12 each?

CandyB101_2

Left it a bit late I know, but is it still possible to reclaim my credit card charges (Citi-Bank) even though I am moving to spain next month???
If things go to court, do I have to attend?
I am not worried about claiming the interest, just my charges?
Any advice appreciated.

laura.l.h

Hello, please can some one give me some much needed advice.

I had a credit card in 2002 with citi cards, due to unforseen personel problems i could no longer keep up regular payments. I stopped using the card in august 2002 with the balance totalling £306, but every month for the next 8 months £50 (£25 late payment charge and £25 overlimit charge) was applied to my account. In april 2004 my account was passed over to a debt collection agency totalling £777.18. I have very nearly finished paying this debt. After following this site for a while, i wrote to citi cards to ask for a refund of charges plus interest totalling £594.90 (as worked out using martins charges interest calculator). There solicitor replied today stating (to cut a very very long story as short as i can) the OFT recognises that its interpretation of the law relating to default charges does not have the force of the law, having never been decided by a court, and is therefore merely persuasive. They go on to say if a client is in breach of there contract they are and always were entitled to levy a default fee, just not one in excess of £12, but then say you have written in requesting a refund of charges thus suggesting that my client owes you this money as a debt. However, having reviewed your account it is evident that your account charged off due to you failing to pay my client the sums due including charges, interest and principal. Despite the fact that you may have paid default fees throughout the accounts life, the fact remains that you owed my client more than you have claimed back at the date of charge off. Earlier repayments do not warrant treating those monies paid as somehow a debt due to you, conveniently ignoring the later debt due to my client. As a result, to "refund" anything would allow you to profit from your own default. I am therefore unable to agree to refund any such monies. Furthermore, if you have paid any sums on a sold debt to a debt agency, it must be apparent that you have paid a third party and not my client, therefore you have no claim to recover sums paid to a third party from my client. The solicitor then advises me, for an independent review of my case i can contact the financial ombudsman service, but in over two dozen recent court cases involving citi they have successfully argued the fairness of there charges and that the courts have endorsed there view that you cannot claim as a debt monies you may have paid when these are eclipsed by a later more substantail and unpaid debt which charged off. They end there letter stating that any defence will also exercise the defendents right to seek to have the claim transferred to its home court, i.e.Salford County Court. The legal presumption is that justice should be local to the defendant as the defendent is deemed innocent until proven guilty and ought not to be disadvantaged in defending itself.

Please can some one help, do i have a legal leg to stand on, should i try to settle for a smaller amount or just give up graciously?

kyleapt342

i've only had my credit card for 15 months but have had a fair few £12 fee's on it. Is it worth me claiming them back as they are the new lower rate of £12 or can i still get something?

shamrock7

Please can someone advise me? I've just sent off a letter to GE Money reclaiming charges from an old topshop card and a dorothy perkins card. I am reclaiming late payment fees. When I wrote requesting my statements they told me they can only access from 2004 and basically that they are within law.
Anyway they sent me a spreadsheet which said I had 22 late payments on my topshop and 18 on my dorothy perkins card. I phoned to be told that the charges would have been £15 each so I calculated this plus interest and asked for just over £700.I paid off and closed my topshop card over 2 years ago so prior to 2004 there would definately be more charges. The account remains open with a zero balance.
Are they correct in this information please??

bigtoddy

I am in the middle of the process of claiming and have sent the amount that i wish to claim for. Now I have recieved a letter from the bank of scotland saying they are involved in legal procceedings with the F.O.T.

Is this correct that I cannot claim or are they just trying to pull a fast one to save them paying out. :mad: :mad: :mad: :mad: