Credit Card Reclaiming Discussion

podperson

Grats on your win then

AJHOP

Ok, So i took every reasonable step with Santander in a bid to reclaim the over limit and late payment fines and so went down the MCOL route and issued a claim.

This was due to expire tomorrow and today in teh post i received a letter from them advising they would be defending my claim.

I have not seen their correspondence but am slightly worried about this.

Any advice please.

Premier_2

AJHOP wrote: »

Ok, So i took every reasonable step with Santander in a bid to reclaim the over limit and late payment fines and so went down the MCOL route and issued a claim.

This was due to expire tomorrow and today in teh post i received a letter from them advising they would be defending my claim.

I have not seen their correspondence but am slightly worried about this.

Any advice please.

I don't think anyone can give you any advice without (a) knowing your POC and (b) knowing what the bank's defence is.
Even then, an internet forum is not the best place to seek legal advice. Threads have been known to be closed on MSE where such requests have previously made.

Anyway, I can't help but get the feeling you were a little previous raising a summons.
Here's your thread of just 6 weeks ago where the bank said they would issue a full reponse within 4 weeks of 26 July.
https://forums.moneysavingexpert.com/discussion/comment/35385419#Comment_35385419

Did you get that response? What did it say?
Even if you didn't and went straight to court, you should have issued a notice before legal action (typically 14 days), and only then raised the summons.
Even then the bank would have another 14 days to respond from receipt of that summons (which you said would expire tomorrow) ... I don't think the dates stack up (extremely tight, and seemingly not enough time for postage) and if not, the claim may be judged to be vexatious and so you could have lost your court fees (even if you were to win the claim)

Why didn't you go to the FOS if you were unhappy with any final response? But if you didn't get a final response, you couldn't have gone there yet either ... that needs a minimum of 8 weeks without a final response letter.

Maybe I've got the wrong end of the stick here? If so, perhaps you could go through "every resonable step" you consider you have already taken in this matter?

AJHOP

Premier,

Dates do stack up and i have gone down the proper timescales as advised in the forums and letter templates. Personally do not want to take the FOS route and hence why the court route was selected.

Information requested 23rd June 2010

Information received 21st July 2010

First letter issued 21st July 2010

Offered £3.00 on a claim of £260.74

Second letter issued 3rd August 2010 declining and requesting the claim reevaluated. Offered lesser settlement (Fines less interest) option to Santander otherwise court action would be only option.

Letter received 19th August 2010 reiterating £3.00 offer.

Court action put in place 25th August 2010.

Served on 5th September 2010

Will have to review their corrsepondence and update later on this.

Also, not seeking legal advice but would like to know if anyone else has had the bank advise they would be defending the claim.

Cheers

podperson

Sometimes they will put a defence in, you need to check exactly what points they are defending on before anyone can offer more specific advice on how to respond. You will need to fill out an Allocation questionnaire in order to reply to the defence. Often this is just another stalling tactic and they will pay up before they have to attend court.

AJHOP

podperson wrote: »

Sometimes they will put a defence in, you need to check exactly what points they are defending on before anyone can offer more specific advice on how to respond. You will need to fill out an Allocation questionnaire in order to reply to the defence. Often this is just another stalling tactic and they will pay up before they have to attend court.

Wow.

So arrived home after another hard day and read two letters received today.

First was my defence from santander with regards to my reclaiming late payment and over limit fees.

Second was also from Santander requesting payment of a missed payment on a loan from a company called Wescot.

I am curious as i have already agreed with Santander that i will pay the arrears on the 24th of this month?!

Coincidence?

Moderators, am i ok to key points raised in Santanders defence?

Kind Regards

dazzaofdagenham

About 2 years ago i claimed back from Barclaycard the fees they had charged me.

For the last 3 months i have been hit with £12 fees.

Can i start a reclaim again to get these fees back ?

darren

podperson

You can reclaim additional fees added at a later date yes. Although if it is only for a few months might be worth just ringing them and asking if they would remove them rather then having to go through the whole process.

Premier_2

dazzaofdagenham wrote: »

About 2 years ago i claimed back from Barclaycard the fees they had charged me.

For the last 3 months i have been hit with £12 fees.

Can i start a reclaim again to get these fees back ?

darren

You can try. Follow the guide.

However, since the charges are at the £12 cut-off set by the OFT regarding the cost of such charges, the credit card company may not be willing to refund, and the FOS will not support your claim. You may need to go to court, and as there will certainly be a cost, if not the £12 they are charging, it's unlikely a court will award a full refund.

Your best hope is that the credit card company offer to settle in full to avoid going to court. But if you don't ask, you certainly won't get...

The credit card company may suspend or cancel your credit card, especially as this would be the second time around in claiming against them, although they may say it is for mismanaging your account, i.e. repeatedly paying late or going over your credit limit (for which the charges are applied).
Not saying they definitely will, but an option they have you need to be aware of.

dazzaofdagenham

Premier wrote: »

You can try. Follow the guide.

However, since the charges are at the £12 cut-off set by the OFT regarding the cost of such charges, the credit card company may not be willing to refund, and the FOS will not support your claim. You may need to go to court, and as there will certainly be a cost, if not the £12 they are charging, it's unlikely a court will award a full refund.

Your best hope is that the credit card company offer to settle in full to avoid going to court. But if you don't ask, you certainly won't get...

The credit card company may suspend or cancel your credit card, especially as this would be the second time around in claiming against them, although they may say it is for mismanaging your account, i.e. repeatedly paying late or going over your credit limit (for which the charges are applied).
Not saying they definitely will, but an option they have you need to be aware of.

Its a long drawn out story.....Twice they have reduced my credit limit without telling me....Once from 10k down to 6.5k and now down to 3k and again without telling me....My balance when they reduced it to 3k was 3745....

Hence they have been applying there fees....However as of this forthcoming friday i will clear the balance and cut the card up...

If i can get some fees back the it will be a small victory for me


Darren