Credit Card Reclaiming Discussion

podperson

Hi wookie,

It is entirely up to you whether you accept their offer or not. I would be inclined to think that if this is their second offer then if you were to push for the full amount you would need to file court papers so depends whether you want to go all the way for that. To be honest I have generally settled at this point (both Cap1 and Barclaycard eventually offered me the full charges plus slightly less interest then I had asked for) but then I was fairly happy at that point as the amount wiped off my balances with a little bit left over and that was what I was aiming for in the first place.
If you do decide to push further with it I would suggest claiming the full contractual interest, which I did, and then you can also add the additional 8% if you have to make a court claim.

Premier_2

wookie66 wrote: »

Update on my MINT claim - received letter 02/09/10 upping their offer from £60 to £228.96 which represents £212 late fees x 8% interest

I claimed £212 late fees x 8% interest from date of fee being applied which came to £284.18

That leaves a £55.22 difference between what I claimed and what they are offering

Any advice / views on whether I should take the money now or fight on for a further £55.22?

Appreciate any thoughts

...There is a chance it’ll offer some of the money you want. If you have asked for the full refund this may be the difference between the fee and the £12 OFT recommendation. Whatever it offers, you need to decide whether it’s worth continuing or just taking the cash....


Should you accept a partial offer at this stage?

This is always a very tough decision. Whilst there’s a temptation to say ‘fight the good fight and take ‘em on’, what’s actually more important is protecting your pocket.

Let’s say you’ve £500 of charges and are offered £350; the first thing is try not to think “I’m £150 short” but instead that you’ve got £350 you thought was gone forever. The ultimate decision is yours. It’s a combination of whether you want the hassle of continuing versus the ‘certainty of the cash’.

http://www.moneysavingexpert.com/reclaim/credit-card-charges

MattyA

kazza1000 wrote: »

Hi everyone, had success with the Halifax charges to my credit card account.

First letter sent 24 Nov requesting refund of £919.86.

They replied with offer of £274.00 (difference between £25 and £12) and no admission of liability,to be refunded to my account ( which has been defaulted and is with a DCA).

Sent 2nd letter declining and again requesting full amount.

Received a cheque this morning for £919.86

Interestingly, when I sent my 2nd letter I advised them that I am in financial hardship with priority debt (mortgage arrears) amd that I had been advised by FOS that any payments made as a gesture of goodwill should be paid only by cheque made out to me personally. I expected Halifax to insist that the refund would have to be made to my cc account and that I would need to go to the FOS for a decision,but they didn't.

I can now pay a lump sum off my mortgage arrears!

Thank you so much to everyone on this site and the advice it provides :beer:

Interesting post.

Has anyone else had any success in receiving cheques direct rather than being paid into their accounts?

The hardship point is also of interest to me....anyone else tried this?

Well done !

I am new to this and currently working my way through it - so apologies if this question has already been done to death.

MattyA

How long can you claim back? - I have statements going back 15/20 years in some cases.

podperson

Hi Matty,

You might get more responses if you post in the discussion thread rather then the successes one. However in a nutshell
Financial hardship is only an issue when claiming bank charges, credit card charges are classed differently and not affected by the court cases so are fairly straightforward to claim back. Regarding getting the money back, the bank can offset any refund against arrears on your account first but any extra will be sent out to you yes. Regarding how far you can claim back, most banks only started adding charges around 2000 so you should have very little before that date. You can claim 6 years back relatively easily, over 6 years is possible but a bit more work and it is almost guaranteed you would have to go all the way to court papers to get them to agree to it.
Good luck with it.

Premier_2

MattyA wrote: »

How long can you claim back? - I have statements going back 15/20 years in some cases.

...You can go back six years in England and Wales or five years in Scotland; these time periods are limited by law...

http://www.moneysavingexpert.com/reclaim/credit-card-charges

MattyA

Thanks for the reply.

I have read the guide a few times now and am slightly confused as I note that it does say that if you have the records beyond six,which I do, its worth a go but it might prove more difficult.

Does this relate to credit card charges only or ppi as well?

Has anyone had or heard of anyone having success beyond 6 years?

podperson

If you have the records that's half the battle done already so I would say definately go for it. Just be aware that if you do want over 6 years you will need to take it all the way as I have never heard of a credit card company settling pre-court papers for charges over 6 years.
Case in point, I have been claiming back from 3 companies, the 2 with charges under 6 years have paid out fairly easily after a few letters while the company with charges over 6 years I am having to file court papers for. I am using the limitation act a part of my claim which states that the 6 year limit only starts when I could have reasonably been aware that the charges were penalties and thus unlawful, since previous to at least the OFT guidelines in 2006 I trusted in the integrity of my bank to act in a fair and lawful manner. I know some people have pushed it even further and said that even though the OFT report has been out since 2006 they were not aware of it until they wrote their first letter reclaiming to the bank (I find this a little scary so am sticking with 2006 which still puts me well within the 6 year limit).

Premier_2

MattyA wrote: »

Thanks for the reply.

I have read the guide a few times now and am slightly confused as I note that it does say that if you have the records beyond six,which I do, its worth a go but it might prove more difficult.

Does this relate to credit card charges only or ppi as well?

...

This is a step-by-step guide, including template letters, to force your current or old credit card provider(s) to repay the last six years of late payment fees or charges for going beyond your limit:...

http://www.moneysavingexpert.com/reclaim/credit-card-charges

There is a separate guide to reclaiming PPI
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

and a separate board to ask questions regarding PPI reclaiming
http://forums.moneysavingexpert.com/forumdisplay.php?f=169

wookie66

I decided to take the money and run.....not worth fighting on for a further £55.

Many thanks for the advice since it helped me make my mind up