Credit Card Reclaiming Discussion

Grifter09

Hi. I have already found out that I should claim the credit card charges before I go down the unenforceability route. Fine. Once i start the ball rolling on the reclaim what happens to my cc account. They are both 3/4 months in arrears. Will I still have to make payments whilst the reclaim case is ongoing or are they frozen because the account is in dispute?

barloo69

If you are going to do your reclaim first then the account will continue to be in arrears. Should you win your claim then the charges award will be allocated to the arrears outstanding.

You will only be able to put the account into dispute when you go down the unenforceability road..........

Personally, if I were you I do this route instead, (if you feel confident enough though, be warned its quite involved and not plain sailing by any means just sending off a couple of template letters). Also its not as if you will see any of the chrages in a cheques as they will apply it to the arrears/outstanding balance.

But hey this is just what I would do and in no uncertain terms concrete proper financial advise.

After all I am I am in the same boat as you.

shedsounds

Claiming just over £400 from Barclays Partner Finance. It took them 78 days to respond with list of charges. They failed to respond to my claim within 2 weeks, still hadnt after 3 weeks so rang them. She offered me £90, I said no and she said thats all she could offer so Iasked her if that was the final offer. She said it was.

So they are confirming that in writing and assuming it says final response would you say its worth sending stage 2 letter or go straight to FOS or court.

I'm minded to go straight to MCOL as I've waited long enough. Any expereince of Barclays and Courts welcomed also...

Newkid

Just wondered how far back has anyone managed to reclaim cc charges.
I have found some MBNA, Nat West & Cap 1 statements going back to 2000 , with about £1200 in charges on them. The statements are not a full year - can I request these from the lenders & more importantly has anyone had success this far back.
Thanks
Newkid

natweststaffmember

Newkid wrote: »

Just wondered how far back has anyone managed to reclaim cc charges.
I have found some MBNA, Nat West & Cap 1 statements going back to 2000 , with about £1200 in charges on them. The statements are not a full year - can I request these from the lenders & more importantly has anyone had success this far back.
Thanks
Newkid

You need to do this. Under the Unfair Terms in Consumer Contracts Regulations 1999 any term that is unfair is unenforceable in its entirety and it is up to a national court as to how far back you can go. So for example, if the bank refund partially up to the point that the OFT told them to then they have to refund in FULL since the term is unenforceable. Furthermore, the OFT also stated that only a court can decide a fair fee and no court has decided this.

Addison_2

How far back can you claim?

I have ben successful in claiming back charges going back six years can we claim further back than that does anyone know?

Alpine_Star

Addison wrote: »

How far back can you claim?

I have ben successful in claiming back charges going back six years can we claim further back than that does anyone know?

1 January 1995.

Newkid

Did you have the statements or did you request them ?

Addison_2

Alpine_Star wrote: »

1 January 1995.

Is this how far back we can claim to?

Alpine_Star

Addison wrote: »

Is this how far back we can claim to?

It applies to all credit cards & bank charges being claimed under UTCCR and has been successful. The legal basis on which it is founded is on posts 3 & 4 on this thread:

http://forums.moneysavingexpert.com/showthread.html?t=2047621&highlight=