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Credit Card Reclaiming Discussion

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Comments

  • ojobson
    ojobson Posts: 1 Newbie
    Have the people here been claiming back the full fine of just what ever was over the £12 'fair limit'?

    I am about to send in my claim...
  • HurdyGurdy
    HurdyGurdy Posts: 989 Forumite
    Part of the Furniture 500 Posts
    I had a Tesco credit card many years ago, and it ended up being passed to a debt collection agency. The balance is now repaid in full.

    When I asked Tesco for my old statements, they came, but I could only find ONE charge. I threw the statements out, which may not have been a smart move, but it didn't seem worth pursuing them for £20. I'm wondering now if I've missed something.

    Thinking about it, for the account to have ended up in the hands of a debt collection agency, wouldn't it seem logical that there would have been lots of missed/late payments and therefore charges??

    Do you think it would be worth "investing" a further £10 and getting the statements again and having another look?
  • barloo69
    barloo69 Posts: 372 Forumite
    stuk wrote: »
    Provider: mbna
    Amount Reclaimed:£280
    Amount they paid:£160
    The story:
    sent the template letter 5 weeks ago got a reply 2 weeks ago saying they would be in touch within 14 days got a cheque for 160 this morning saying they would nt return the £12 charges as they are fair, did nt really expect to get anything so 160 is a bonus



    For your information, received exactly the same letter offer from MBNA, didnt know what to do, if to accept or continue, had a look on other peoples forums/threads and the general idea was that most other people had successfully claimed the whole amount. So with this mind sent off the next letter and stone me, a couple of weeks later received a full reimbursement of ALL charges. fantastic.

    So in short, continue, keep going. what you got to lose ? :p
    If you see a penny, pick it up, all day long you'll have good luck !!!!!! :D
  • carlos1973
    carlos1973 Posts: 271 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Section 1.11 of the OFT report says

    “[FONT=Arial, sans-serif]The setting of the threshold is a provisional practical measure to move the whole market towards compliance. We are not proposing that default fees should be equivalent to the threshold, and a court will certainly not consider that a default fee is fair just because it is below the threshold. Our position is that default fees need to be recalibrated in line with the principles set out in this statement to achieve consistency with the UTCCRs.”[/FONT]

    Ask for the whole charge back. That is unless they wish to challenge you in court and prove that it costs £12 for a computer program to automatically check a database and highlight accounts that are overlimit or late paying. Any amount over this cost is a punitive charge and is legally unenforceable.
    Google OFT 842 for the full report. Hope this helps.

  • Oddjob
    Oddjob Posts: 594 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    I have lots of late payment and over allowance charges on my Lloyds CC, they are adding fees on at the moment at such an alarming rate that even if I pay them something its not going to make much difference to getting over allowance charge next time, so doesn't seem a lot of point even trying to catch up while I am struggling. I managed to pay off my Barclaycard debt in full, although there had been too many carges on that too.

    I want to make a claim for my charges (over £300 in the last three months, plus all the charges before that) but I am worried that if I do, they will want to close the account and try to make me pay all the debt in full which I would have no chance of doing. I think I would have a good case for claiming under the hardship rule, but it doesn't seem as though anyone is having much success with Lloyds.

    I have current accounts with Lloyds and Barclays too, another reason for holding back with trying to make a claim, in case they try to close my bank accounts too, which also have some charges I could make a claim for. Don't really know what to do.
  • carlos1973
    carlos1973 Posts: 271 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Oddjob wrote: »
    I have lots of late payment and over allowance charges on my Lloyds CC, they are adding fees on at the moment at such an alarming rate that even if I pay them something its not going to make much difference to getting over allowance charge next time, so doesn't seem a lot of point even trying to catch up while I am struggling. I managed to pay off my Barclaycard debt in full, although there had been too many carges on that too.

    I want to make a claim for my charges (over £300 in the last three months, plus all the charges before that) but I am worried that if I do, they will want to close the account and try to make me pay all the debt in full which I would have no chance of doing. I think I would have a good case for claiming under the hardship rule, but it doesn't seem as though anyone is having much success with Lloyds.

    I have current accounts with Lloyds and Barclays too, another reason for holding back with trying to make a claim, in case they try to close my bank accounts too, which also have some charges I could make a claim for. Don't really know what to do.

    Forgive me, but I think you might have got mixed up.
    The hardship provision refers to the stay put on claiming charges on bank accounts not credit cards.
    There is no reason why you cannot claim for the whole amount of the CC charges.
    You can apply for the banks to assess you as a hardship case until the test case has concluded. If you have priority debts, mortagage/rent arrears, utility bill arrears, countil tax arrears, they will probably qgree that you are in hardship. This is not a garuntee that they will refund all of your charges but they might make a goodwill gesture allowing to clear the arrears.
    I am certain that banks cannot close accounts of customers who complain or seek refunds, someone else will probably know a definite answer to this.
    I hope this helps and good luck.
  • Oddjob
    Oddjob Posts: 594 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Thanks carlos, I do have charges on both my bank accounts too. I have two hefty overdafts which I am living off at the moment, both costing an arm and a leg in interest.
  • carlos1973
    carlos1973 Posts: 271 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    No worries. Google OFT 842 for the OFT report, PDF, section 1.11 states that only a court can determine if a charge is fair. Good luck and let us know how you get on.
  • Hi, has anyone had any recent dealings with Halifax and HFC Bank (Beneficial Finance)? Do they close accounts following claims? I am hoping to claim back charges from both of these but not sure the claims will cover my current balance and can't afford to clear the balance just now if they do pay up an amount but then decide to close the accounts. Shifting these balances to another card is not an option.

    Any advice is much appreciated.
  • Hello

    I am new to posting on this website :D and was wandering if someone can help me? I sent a letter to GE money requesting a list of charges etc and received a letter back of Ge money saying the following

    Thank you for your letter dated 15th April 2009. Please accept my apologies for the delay in responding.

    You have requested a list of default charges levied to your Dorothy Perkins account over the last 6 years an I list below the charges applied.

    09.01.06 Late Payment Fee £15.00
    09.02.06 Late Payment Fee £15.00

    Unfortunately, due to systems issues, I have been unsuccessful in retrieving statement data for the following months. However, this will be taken into consideration when making any calculations for a refund where applicable.

    2003: August
    2004: May, June, July, September, October, November, December
    2005: January, February, March, May

    Should you require any further assistance, please do not hesitate to contact me on 0870 125 2545

    Yours sincerely

    Greg Strother

    Has anyone else had this kind of response? I dont know what to do now. I know for a fact I was being charged more or less every month for being late and reckon they probably charged me in excess of £500.00. :confused:
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