Credit Card Reclaiming Discussion

natweststaffmember

kebabjones wrote: »

:T
there were several 12 fees on hubbies too sorry missed that out x

£12 ones are reclaimable.

SaraK

Hi all, this is my first post and I just wanted to say thanks for all the guidance you give on this website. I'm in the process of claiming back the charges on my credit card - Capital One - they have offered me a settlement but to be paid back into my credit card account. Is this normal? I'm about to start a debt management plan and would rather have the money sent to me...
Very grateful for any advice. Thank you.

Ginnyflower

Hi i am currently in a Debt Management plan, i have several credit card debts, some of which have been passed to a third party. Can i still reclaim the bank charges ?? If yes is the procedure just the same??

thanks

Ginny

natweststaffmember

Ginnyflower wrote: »

Hi i am currently in a Debt Management plan, i have several credit card debts, some of which have been passed to a third party. Can i still reclaim the bank charges ?? If yes is the procedure just the same??

thanks

Ginny

Yes and yes.....sorry for the short response but you are right.

natweststaffmember

SaraK wrote: »

Hi all, this is my first post and I just wanted to say thanks for all the guidance you give on this website. I'm in the process of claiming back the charges on my credit card - Capital One - they have offered me a settlement but to be paid back into my credit card account. Is this normal? I'm about to start a debt management plan and would rather have the money sent to me...
Very grateful for any advice. Thank you.

Yes it is normal and it will be a positive outcome since it will reduce your overall debt to them.

dec22

stellaboy wrote: »

was that including any £12 charges and the interest

Hello

Yes it was for all charges plus 8% interest, I didn't ask for contractual interest.

I used something Natweststaffmenber put on about the OFT's statement stating that the £12 is the maximum that can be charged but does not necssarily mean it is fair. If she comes on I'm sure she'll know what I mean and paste it on for you.

Good luck!

achtunglady

Hi i am claiming cc charges from Capital One, they offered me less(£292 the difference between the charges and £12) than what i wanted (£800 inc interest) they would not budge so have taken it to the FOS. I never received a "final response" letter from Cap One, the FOS asked me for the letter but I didnt receive it, but in subsequent letters they have said they have made their final offer. Has anyone had any results despite not having the "final response" letter from who they were claiming for, my first charge was in October 2003, starting to worry now as the 6 years for claiming is nearly up for the first charge. If they take longer than October to sort out the refund, would they discount the first charge seeing as the 6 years have elapsed or will they include it as I contacted them before this date, thanks for your help

natweststaffmember

achtunglady wrote: »

Hi i am claiming cc charges from Capital One, they offered me less(£292 the difference between the charges and £12) than what i wanted (£800 inc interest) they would not budge so have taken it to the FOS. I never received a "final response" letter from Cap One, the FOS asked me for the letter but I didnt receive it, but in subsequent letters they have said they have made their final offer. Has anyone had any results despite not having the "final response" letter from who they were claiming for, my first charge was in October 2003, starting to worry now as the 6 years for claiming is nearly up for the first charge. If they take longer than October to sort out the refund, would they discount the first charge seeing as the 6 years have elapsed or will they include it as I contacted them before this date, thanks for your help

Tell them that you had a final offer that you took to be a final response letter.

achtunglady

natweststaffmember wrote: »

Tell them that you had a final offer that you took to be a final response letter.

I did and sent the forms back unticking the section where it asks if you have received a final response letter. With the 6 years nearly up from the date of the first charge, would they strike it off as part of the refund seeing as its nearly up and by the time they sort it out it will be up?? Thanks

PaulinWeston

I've had three Credit Card companies offer me the "£12 difference" - and in each case I've held out for the full amount, plus interest at the statutory rate of 8%! Each one has paid up... The wording I used on my letters was:

...I would ask you once again to supply me with a full breakdown of the costs to which you have been put by as a result of my breaches of contract; details of all actions required to make up these costs and an explanation of how you arrived at the sums charged.

If you refuse to comply with my request for a refund, then I request again, proof of all costs involved, in regards to your actual or liquidated losses involved in any breach of contract to which these charges relate with yourselves, and that these charges reflect your true costs in relation to the said charges, and are proportionate to the charges levied on my account, as defined in Unfair Terms in Consumer Contracts Regulations (UTCCR) 1999 Schedule 2 (e).

If you are going to say that there was no breach of contract and that these charges are for a service, then I will argue that you have attempted to restructure accounts in order to present events of default spuriously as additional services. I must remind you that the UTCCRs are concerned with the intention and effects of terms, not just their mechanism.


Moreover, if I am forced to revert to law, I will ask the county court to refund all the charges plus interest at the APR applied to the credit card; arguing that it is just and equitable that interest be repaid at this rate (rather than the lower statutory rate) because the money paid would otherwise have gone towards discharging the indebtedness under the credit card agreement.