Credit Card Reclaiming Discussion

iggy858

Hi,
my credit card reclaiming process got stuck at the very first stage! I'm not sure how to proceed.

I've started the process of reclaiming credit card charges from Egg. I was one of the customers who had their account shut last year, but in January I read Martin's article so I decided to get all my charges back.

Since I didn't have records for the last 6 years, I sent the letter (template) at the end of January asking for disclosure of all charges made under the Data Protection Act, including a cheque for the £10 suggested.

However Egg completely ignored the letter way past the 5-week limit, so again I followed Martin's instructions and complained to the Information Commissioner.

After a few weeks (Beginning of April), I received a letter from the ICO but - although they promised to write to Egg about their breach of the Data Protection Act - they said the body to complain to is the Financial Ombudsman.

Despite after 5 months I still don't have the details of the charges, I still decided to call the Financial Ombudsman. They were very helpful and they soon sent me their complaint form, however they want proof of my complaint to Egg.

Can I consider the first letter asking for disclosure the beginning of my complaint? Or should I first send a letter to Egg demanding my charges back even though I don't know anything about the amounts?

Any help is appreciated!
Thanks

natweststaffmember

sweet_rumana wrote: »

hi, can anyone tell me if the £12 charges can be refunded or is it is just the fees that were overcharged???

The OFT themselves in the report. Google OFT842 to see the full report that :

"Only a court can decide finally whether a term is unfair, or at what level default charges should be set to meet the requirements of the UTCCRs."
Paragraph 1.14. If the Credit card provider only wants to refund down to the £12 then remind them that you will be happy to take the advise of the OFT who have stated the above.

marcellep

natweststaffmember wrote: »

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.

There seems to be some confusion over this! I asked the same question on The consumer forum and they say yeah you can claim back.

newyorklover

Hi,
Sent away my complaint about my Bank of Scotland Visa card claiming £964.99 of charges from July 2004. £756 in charges and £208.99 in interest.

Received a letter today offering me a goodwill gesture of £416.00. Pleased that I got an offer straight away but was hoping for more. They also said it will come off the balance (which I'm fine with). I understand that only I can make the decision but just wanted some advice as to whether to accept or not.

The letter tells me that they are declining my complaint but that this is a good will gesture made up of difference between the £25 and the accpeted £12 charges. But their offer doesn't add up to that so I don't know where they got tht figure from. Also they still gave me the usual guff about terms and conditions etc.

Not sure what to do?? And I have a few questions that hopefully someone can help with:
1. If I don't accept and send a new letter is there a chance I might lose everything?
2. The debt is now with a debt collector - does it have to come off the balance or can I ask for it directly?

Cheers

natweststaffmember

marcellep wrote: »

There seems to be some confusion over this! I asked the same question on The consumer forum and they say yeah you can claim back.

I have read the response from Steven4064. Unfortunately I don't share his opinion and I think he is wrong. However, its your choice who's advice you wish to take. As any debts were written off by Capital One after the 3 years then I am sure that they will be happy to offset charges against the amount that is still owed to them.

natweststaffmember

newyorklover wrote: »

Hi,
Sent away my complaint about my Bank of Scotland Visa card claiming £964.99 of charges from July 2004. £756 in charges and £208.99 in interest.

Received a letter today offering me a goodwill gesture of £416.00. Pleased that I got an offer straight away but was hoping for more. They also said it will come off the balance (which I'm fine with). I understand that only I can make the decision but just wanted some advice as to whether to accept or not.

The letter tells me that they are declining my complaint but that this is a good will gesture made up of difference between the £25 and the accpeted £12 charges. But their offer doesn't add up to that so I don't know where they got tht figure from. Also they still gave me the usual guff about terms and conditions etc.

Not sure what to do?? And I have a few questions that hopefully someone can help with:
1. If I don't accept and send a new letter is there a chance I might lose everything?
2. The debt is now with a debt collector - does it have to come off the balance or can I ask for it directly?

Cheers

1. Definitely NOT as you can see from the OFT842 report that the bank are not representing the £12 fee correctly as only a court can decide a fair amount.
2. when did the debt go to the debt collector and are you paying them anything?

marcellep

natweststaffmember wrote: »

I have read the response from Steven4064. Unfortunately I don't share his opinion and I think he is wrong. However, its your choice who's advice you wish to take. As any debts were written off by Capital One after the 3 years then I am sure that they will be happy to offset charges against the amount that is still owed to them.

Thanks for the reply!

I decided to call Capital One back, I spoken with someone who was very helpful and they advised me that if I did complain and the did refund any money too me it would be in the form of a cheque and not placed against the account. They said the account is at a zero balance and now closed.

So I am just gonna go for it and see what happens

newyorklover

natweststaffmember wrote: »

1. Definitely NOT as you can see from the OFT842 report that the bank are not representing the £12 fee correctly as only a court can decide a fair amount.
2. when did the debt go to the debt collector and are you paying them anything?

The debt has been at the debt collectors for about a year. I was paying them about £100 a month and the debt reduced by about £1000 - but then we went into financial hardship and I sent them a letter to ask if I could pay reduced payments but to date have had no response. There is about £1400 left on it but I'm sure if I called them I could negotiate on a settlement figure.

Delgerri66

I closed my Tesco credit card last year. After reading about the credit card charge reclaim I thought I'd give it a try and try to reclaim any charges I had accrued.
This morning I received a letter offering a full refund of charges with interest ,a total of £584.96.:j


4 weeks ago I requested a copy of my statements going back to 2003.

I used Martins first letter to ask for a refund of my charges with interest.
Tesco wrote back offering £104.00 which was the difference between some of the £25 and £12.00, £10.00 charges but with no interest.

I replied with Martin's second letter threating court action but I also included the 'without prejudice' paragraph asking for a settlement of £400.00.

Tesco have again replied this morning to say that they will refund the whole £584.96.

The whole process took about 4 weeks

Thanks Martin I am now going to pursue the others including my PPI.:beer:

marcellep

Delgerri66 wrote: »

I closed my Tesco credit card last year. After reading about the credit card charge reclaim I thought I'd give it a try and try to reclaim any charges I had accrued.
This morning I received a letter offering a full refund of charges with interest ,a total of £584.96.:j


4 weeks ago I requested a copy of my statements going back to 2003.

I used Martins first letter to ask for a refund of my charges with interest.
Tesco wrote back offering £104.00 which was the difference between some of the £25 and £12.00, £10.00 charges but with no interest.

I replied with Martin's second letter threating court action but I also included the 'without prejudice' paragraph asking for a settlement of £400.00.

Tesco have again replied this morning to say that they will refund the whole £584.96.

The whole process took about 4 weeks

Thanks Martin I am now going to pursue the others including my PPI.:beer:

Wow well done to you! This is an excellent story.

:money:

4 weeks is also realy good too :beer: