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Credit Card Reclaiming Discussion

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Comments

  • lilac789
    lilac789 Posts: 13 Forumite
    Hi there,

    I'm looking for some advice please.

    A few years ago my partner got into a bit of a mess with his finances. I'm currently trying to reclaim all of his credit card charges from Capital One and Lloyds TSB.

    The Capital One claim is for £304 plus interest of £60.

    Over the period my partner had 8 charges @ £20 and Capital One have offered us the difference between the £20 charges and the new £12 charge. Their offer is for £56 (which is only 7 charges.... can't they even do simple calculations?!?). They have not even included any interest in their offer!

    I have written back to them informing them of my dissapoint at such a ridiculous offer and informed them that it doesn't even add up and that if I don't receive a satisfactory response I shall start court proceedings! They have written back stating that the offer of £56 still stands and is their final response.

    My question is... should I file online court papers or go down the FOS route?

    Thanks for your help in advance!
    Northern Rock PPI - £199.53 + £17.06 interest - Settled in full 16.01.09
    Capital One - £304 + £60 interest - Court Form submitted & deemed served to Capital One 12.05.09
    Lloyds TSB CC - £524 + £136 interest - Settled for £921.33 13.05.09!!!
    Lloyds TSB CA - £1778 + £387.50 interest - On hold due to test case - letter before action sent
  • katedog
    katedog Posts: 15 Forumite
    See Martins guide.

    He recommends FOS first, then if you dont get the solution you're after you can always do the county court thing later.
    In conflict resolution you should never bring the big guns out straight away, keep them in reserve in case you need them later.


    Hope this helps
  • marcellep
    marcellep Posts: 1,695 Forumite
    Anyone help?

    marcellep wrote: »
    Hope this is in the right place

    Here goes!

    I had a capital one credit card 5 years ago, Now the account is no longer in use as it was included in my trust deed. I am now discharged from my trust deed.

    The question is can I now claim back the £198 of charges the applied to my account 3 years ago?

    Thanks for your help
    If I have been helpful - Hit the Thanks button
  • cue
    cue Posts: 64 Forumite
    Part of the Furniture Combo Breaker
    marcellep wrote: »
    Anyone help?

    this isn't a conclusive answer but i hope so - i'm in a similar position with a Lloyds trustcard i had a few years ago..
    Negative equity of £100k. including the mortgage :)
  • isitenough
    isitenough Posts: 5,593 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    We're going to check all our cards statements and see if we can make claims, is it a good idea to claim against current cards or can they get shirty with you in the future?
    We're complete novices at this and are slightly confused - any advice for newby claimers? We haven't - luckily - had many late payment charges over the past few years but if we can get them back it would make a different to our debt.
    Thank you to everyone who posts comps! :A
    I would like to be lucky,healthy & happy in 2020! :T
  • Nats12
    Nats12 Posts: 5 Forumite
    No both my accounts have remained open! I reclaim on 2 accounts!:o
  • natweststaffmember
    natweststaffmember Posts: 12,063 Forumite
    isitenough wrote: »
    We're going to check all our cards statements and see if we can make claims, is it a good idea to claim against current cards or can they get shirty with you in the future?
    We're complete novices at this and are slightly confused - any advice for newby claimers? We haven't - luckily - had many late payment charges over the past few years but if we can get them back it would make a different to our debt.
    Advice: accept nothing but 100%. The OFT didn't say that £12 was a fair amount but merely that they would not litigate on amounts above that amount. It also stated that only a court can decide on a fair amount. Good luck and don't be scared. They won't shut your account down cos that would be counter productive to them.
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • natweststaffmember
    natweststaffmember Posts: 12,063 Forumite
    marcellep wrote: »
    Hope this is in the right place

    Here goes!

    I had a capital one credit card 5 years ago, Now the account is no longer in use as it was included in my trust deed. I am now discharged from my trust deed.

    The question is can I now claim back the £198 of charges the applied to my account 3 years ago?

    Thanks for your help

    My understanding is that a trust deed in Scottish Law is similar to bankrupcy in the UK. In that case if the account formed part of the trust deed then you cannot claim charges back unfortunately.
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • marcellep
    marcellep Posts: 1,695 Forumite
    My understanding is that a trust deed in Scottish Law is similar to bankrupcy in the UK. In that case if the account formed part of the trust deed then you cannot claim charges back unfortunately.

    Thanks for the reply
    If I have been helpful - Hit the Thanks button
  • hi, can anyone tell me if the £12 charges can be refunded or is it is just the fees that were overcharged???
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