Credit Card Reclaiming Discussion

Premier_2

Liquizen wrote: »

Hi.
I am claiming back charges on my EGG credit card, and I lodged the claim online with Moneyclaim.
I have since Eggs solicitors email to say they would firstly offer the difference between the 2 x £20 charges and reduce them to £16 and pay 8% interest. So i would get £10 odd.

Then When I refused this, I recieved another email offering to reduce all 2x£20 charges, and 36 x £16 charges to £12 and adding 8% interest.

Then when I refused this I received a threatening email saying that as a final offer, EGG are offering a partial settlement of £200 , in full and final settlement, and if I didnt accept, they would take it to court and if the defended the claim, they would claim all their costs incurred.

Is this usual behaviour. Should I continue with this claim?

Rgds
Liquizen

No it's not usual.

Typically Egg will only offer the excess over £16 they currently charge (plus perhaps interest on the difference). They've already convinced the OFT that is acceptable, and the FOS will only award that if the claim was escalated to them.

Well done on being offered more :T

Be aware that if the claim is heard in small claims/fast track, then the liability to costs is severely limited.
However, what Egg may be implying is that they intend to request the claim be moved from that process which could leave you liable to substantial costs if you lose. The reason they will do that is so that the outcome of the case could then perhaps set legal precidence. This is something the banks are often requesting when someone attempts to reclaim charges from them via court. In the case of bank charges, the court appears to generally accept the application to change the track the claim should be held under.

If you decide to continue, please let us know what develops in your case.

hatebeingcharged

Even if it's not the correct number, I'm sure they will advise you the number on the corresapondsence sent.[/QUOTE]


That was a google search? Like many others on these boards, have done that, however, indian call centres through a variety of numbers is the best we can come up with...

So can you just type the correct number (which you mentioned in message) so that we can contact a UK customer relations person.
THanks

joncow75

All correspondance I have from Capital One with regard to charges has the 08444 812812 number on it, which is the standard call centre number

Premier_2

hatebeingcharged wrote: »

That was a google search? Like many others on these boards, have done that, however, indian call centres through a variety of numbers is the best we can come up with...

So can you just type the correct number (which you mentioned in message) so that we can contact a UK customer relations person.
THanks

UK telephone numbers and addresses are here: two clicks from the previous link I gave you
http://www.capitalone.co.uk/web/contact-us.jsf

Can't promise what nationality the receiver will be though, or even where they are located, but they will be able to help you.
I don't have your letter either
But if you are lucky, the person answering the phone will have access to your account and hopefully be able to see the content of any correspondence sent to you.

Let us know which numbers you actually tried, or which addresses you wrote to, and what their response was.

Smigger5

Premier wrote: »

No it's not usual.

Typically Egg will only offer the excess over £16 they currently charge (plus perhaps interest on the difference). They've already convinced the OFT that is acceptable, and the FOS will only award that if the claim was escalated to them.

Well done on being offered more :T

Be aware that if the claim is heard in small claims/fast track, then the liability to costs is severely limited.
However, what Egg may be implying is that they intend to request the claim be moved from that process which could leave you liable to substantial costs if you lose. The reason they will do that is so that the outcome of the case could then perhaps set legal precidence. This is something the banks are often requesting when someone attempts to reclaim charges from them via court. In the case of bank charges, the court appears to generally accept the application to change the track the claim should be held under.

If you decide to continue, please let us know what develops in your case.

I am also in a similar situation, been through the situation of numerous letters back and forth to egg, so then wrote to the FOS, who wrote back basically saying that egg are right with the charges.

What is my next step is it court ?

Is this the only step now ?

Any help graetly appreciated.

Thanks

Premier_2

Smigger5 wrote: »

I am also in a similar situation, been through the situation of numerous letters back and forth to egg, so then wrote to the FOS, who wrote back basically saying that egg are right with the charges.

What is my next step is it court ?

Is this the only step now ?

Any help graetly appreciated.

Thanks

Yes, court would be the only next step if you wish to pursue this further.

But I suggest you think very carefully before going down that route.

crabbity_witch

if people put as much effort into actually paying on time as they do writing complaint letters, threads like this would not exist, surely?

and for the records, the OFT (who really had no right to butt in anyhows) have only ever said that Banks are only required to refund charges going back 6 years.

The fact that you've missed payments for so long is shocking.

If you had issues, why on earth didn't you contact your bank?

how is that sort of behaviour acceptable? It's a serious question. I've never missed a payment in my life. I've often not had material goods or days/nights out to avoid it, but i just budget, spend what I have and pay off what I owe, on time, and should i ever miss one, i know the terms and conditions i signed allow my bank or credit card provider to charge me.

i would ask if you ever read them, but your question would indicate that you didn't. whether or not the charges are fair is totally moot. you signed the terms, and said you'd agreed to them.

Alpine_Star

crabbity_witch wrote: »

and for the records, the OFT (who really had no right to butt in anyhows) have only ever said that Banks are only required to refund charges going back 6 years....................whether or not the charges are fair is totally moot. you signed the terms, and said you'd agreed to them.

The OFT did not say this - they are not the authority on what applies to the Limitations Act and what doesn't. Only a court can decide that.

An agreement to accepting the terms has no bearing on the fairness of a term in law. So it's hardly moot.

stace55

Hi there. I have been trying to reclaim Capital One charges for months now. Keep getting fobbed off with excuses such as letter not signed, then I didnt send the second letter signed by recorded delivery, but have finally got a reply saying give us four weeks to investigate blah blah. The four weeks was up on the 30th Sept.
I have been reading up on taking them to court and adding interest etc but am not sure if I should just wait. I have just realised that you can only claim for 6 years..My account was opened in 2001 charges were added till 2004. Can I still claim now? Seen as the charges went down to 12.00 around 2006. Please help Any advice will be appreciated.

crabbity_witch

Alpine_Star wrote: »

An agreement to accepting the terms has no bearing on the fairness of a term in law. So it's hardly moot.

If it was so desperately unfair, why sign it in the first place then?

Last time I checked, nobody on this forum was forced at gunpoint to take out a credit card.

There's a 14 day cancellation period for a reason and surprise surprise, people don't bother to go home and read the terms and conditions and then decide "hey, that's unfair! I don't want this".

they just go home, use, fail to pay on time then cry and whinge and kick their little heels when they get a charge and make a fuss about how unfair it is.

I really don't get it - nobody forced you to take it out. If it was so unfair, why'd you do it?

People need to accept the consequences of their actions, rather than make a fuss about how it's SO unfair.