Credit Card Reclaiming Discussion

Addison_2

Alpine_Star wrote: »

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=

Hi

Sorry to be a pain but could you expain what UTCCR is and as I have claimed back the past six years does this mean that I can go back and try to claim the rest of the charges from the ones that I was successful with? So far the only one that hasn't played ball is Capital One which is now in the the hands of the FOS.

Wispa1

Hi, I wonder if you can help. Barclaycard have agreed to repay my credit card charges of £963. It should have been £396 but luckily for me someone made a typing error on their side!!!! Anyway they have said they will credit the refund back to my account but obviously I would prefer them to send a cheque. Does anybody have any advice as to how I can persuade them to do this? Any help and advice would be appreciated. I haven't had to go down the FOS route yet as they agreed with the first letter I sent. Thanks in advance.:j:T

Addison_2

Has anyone claimed further back than six years and got their money back?

I'm trying to decide whether to put in a claim for credit card chgs going back further than six years as I have already claimed these, has anyone been successful going farther back?

natweststaffmember

Addison wrote: »

Has anyone claimed further back than six years and got their money back?

I'm trying to decide whether to put in a claim for credit card chgs going back further than six years as I have already claimed these, has anyone been successful going farther back?

UTCCR 1999 is the Unfair Terms in Consumer Contract Regulations 1999. The basics is that if a term is unenforceable under UTCCR 1999 it is unenforceable in its entirety and any monies taken under that term must be returned to the consumer. It leaves for national courts to decide how far back. You should reclaim every single charge that you have had on the account going back to when you have opened the account not just 6 years.

barloo69

Wispa1 wrote: »

Hi, I wonder if you can help. Barclaycard have agreed to repay my credit card charges of £963. It should have been £396 but luckily for me someone made a typing error on their side!!!! Anyway they have said they will credit the refund back to my account but obviously I would prefer them to send a cheque. Does anybody have any advice as to how I can persuade them to do this? Any help and advice would be appreciated. I haven't had to go down the FOS route yet as they agreed with the first letter I sent. Thanks in advance.:j:T

Congratulations on your award. Be warned though that regardless of their typo mistake the amount is still £396 they can pay. Further, should they carry on and pay you the typo amount ie 963, they can come back at any time and request the difference back from you not to mention by you retaining this amount effectively you are commiting theft.

Doubt it would ever get that far but is a possibility and have seen it.

barloo69

shedsounds wrote: »

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...

What and see what there letter says and personally I would go letter 2 giving them another opportunity. If at the end of that period still no joy, I would go FOS route.

Good luck.

KinnyM

Hi All,

Any advice would be greatly appreciated.

I have had a number of late payment and overspend charges made on my Lloyds TSB credit card for £12 a go, and seeing as these are within what the OFT say are 'fair' charges, how likely am I to be successful in reclaiming these?

The charges are in fact a result of a mistake by my bank/credit card issuer; my credit limit was cut by two thirds without my being informed, and this resulted in me overspending unawares. The late payment charges were a result of a seperate problem concerning my internet banking account. Would these issues perhaps lend more weight to my reclaim request?

natweststaffmember

100% successful cos they said the ultimately ONLY a court can decide a fair charge.

lmclean100

bluemoo2 wrote: »

Sent LBA for credit card charges quoting the usual OFT quotes etc and had a response today refusing to repay charges.
The response from mbna isnt the usual one i have had from other credit card providers and i am a bit stuck for content for my final letter before taking it to court.

Mbna have said they dont agree with the ofts guidelines and that charges reflect their costs QUOTE , "late payments by customers cause us to incurr substancial costs in dealing with their default"

AS FOR GOING OVERLIMIT THEY SAY "we therefore lend more than we agreed to and take on risks which were never accepted in the first place"

as for the ofts guidelines " mbna disagrees with ofts interpritation of the law and continues to maintain that its default charges have always been fair legal and transparrent"

If anyone could give me some ideas of content for last letter to them i would be gratefull.
:beer:

Hi

I had exactly the same letter from MBNA when I got home tonight, is there a template letter I could use to quote some law at them.

Any help advise would be welcome.

L

barloo69

These letter are deliberately worded in such a way to dishearten you and to make you think twice about continuing with your reclaim. As NWSM has said already, the point is ONLY a court can decide what is a fair charge. Therefore, if you are looking for a standard letter to send back then just use the next one in the sequence duly amended for your purposes.