Credit Card Reclaiming Discussion

Amberama

Thank you so much for getting back to me podperson.

Unfortunately I didn't intitially deal with the limit in my POC. They say that there was a "lack of particularity" which "fail to disclose reasonable grounds for bringing the claim" and have asked that I remedy that fact or face the claim being struck out.

My POC stated the amount, and stated the full list of charges was already in the hands of the defendant. It stated the fact that the charges levied by Natwest were in excess of the losses caused by any breaches in contract and were therefore unenforceable under the UTCCR 1999 and at Common Law and that Credit Card charges were not included in the OFTs 2007 decision.

Am I in a position to remedy this by writing in detail to the solicitors/Natwest/court, setting out the exact list of charges and statutory interest alongside the case law as pod kindly stated above? I need to send in my court allocation questionnaire so I will include any further details in there as well.

What do you think your chances are pod? Do you think they will turn up? Even if I fail to receive all charges which now exceed 6 years it still amounts to £100+ and costs and Natwest still have to defend their position in a court of law...which makes me feel warm and fuzzy inside.

Has anyone on here been to court in a similar situation I wonder?

Thanks all!

Amberama

Hi Premier, thank you for the welcome, the information and also the encouragement!

My understanding of the Limitation Act has partly agreed with you Premier, in that it is to do with communication (or lack thereof) and in this case I have been in full contact with the defendant throughout and first made my claim to them before the 6 years was up. However I can't find much precedent for it, as I have also read that the Act applies to the date losses were caused (i.e. when the charges were levied) and the date of first "contact" does not count.

pod (above) has suggested some case law which may help our cause.

The FOS rejected my claim (as Natwest asked them to) as more than 6 months had passed from my first complaint to Natwest It seems to be an arbitrary cut off date.

Natwest have indeed attempted to settle for a small sum, but one which can be seen to apply to all charges I tried to reclaim (it was the difference between the £12 and the amount they charged in each case). In my opinion it would seem that Natwest have in some way admitted that the claim is valid and the charges were all in date when the process began. I have evidence of these offers of settlement and the letters I sent to Natwest inside the timescale we are talking about. In my heart I think a court of peers would agree, but I know that the law is the law and sometimes it can be an !!!.

What I will do is: -

• Write to Natwest/Their Solicitors outlining further details of my claim and the dates of contact (being inside the timescale) AND also state the case law "Kleninwort Benson-v-Lincoln City Council".
• Submit my Court Allocation Questionnaire with a summary of these details on, hopefully to convince the court even further that it was not "incoherent" nor does the Limitation Act necessarily apply.

Any thoughts/ ideas/ warnings welcome.

Thanks again!

podperson

I would response to their defence on the allocation questionaire as you said If you state that the claim was started in 2009 and provide evidence to this as well as quoting the Limitation Act and court precedence then don't see how they can see it is incoherent. When you say they are talking about the case being struck out - is it Natwest who has said or the actual court? Let us know how you get on - I'm waiting to see what kind of defence Halifax come back with (fingers crossed no kind, lol!).

-MKB-

Is there a list of adresses anywhere I can find, I'm after where to send the letters to Capital One, thanks.

spamdip

Premier wrote: »

What I would say is that the FOS will not support any claims that are for £12 charges.

That's what i suspected. Oh well, i'd've only squandered it anyway!:rotfl:

podperson

Spamdip, just because the fos doesn't support claims for £12 charges doesn't mean you shouldn't try and claim them. I've claimed with 4 companies now and got full refund of charges with 3 of them (1 with full contractual interest and 2 with partial payments towards it which ended up being quite a bit more then 8%) and the 4th I'm fairly sure is only being awkward because I'm insisting on my charges from over 6 years ago. Most of them made offers after the first letter and on average I have settled at the second offer. For credit card charges a lot of the companies are now settling well before the fos/court claim stage. I don't know how much your charges add up to but is surely worth trying for the sake of a few stamps?

PAUL_SCOTT_3

Hi out there.
I have credit card charges going back up to the 6 years for late payments and over limit on an Alliance & Leicester credit card. I also have a mortgage with Santander (old Abbey transferred).
Now that A&L and Abbey are under the Santander umbrella, would claiming my old A&L charges put my Santander mortgage in jeopardy.
Any enlightenment would be great. I have had a reclaim ready to go for some time,. but keep coming back to the idea that I might be endangwring my mortgage.

Paul

Premier_2

Amberama wrote: »

...
The FOS rejected my claim (as Natwest asked them to) as more than 6 months had passed from my first complaint to Natwest It seems to be an arbitrary cut off date. ...

The FOS has it's own rules for compliants it will consider.

Essentially this is either:
a) 6 months from the financial institution having provided you with their final response letter

or, where no final response letter has been provided (for whatever reason)

b) 6 years from the time you incurred the loss or 3 years from when you should have realised you incurred the loss, whichever is later.

Premier_2

paul_scott wrote: »

Hi out there.
I have credit card charges going back up to the 6 years for late payments and over limit on an Alliance & Leicester credit card. I also have a mortgage with Santander (old Abbey transferred).
Now that A&L and Abbey are under the Santander umbrella, would claiming my old A&L charges put my Santander mortgage in jeopardy.
Any enlightenment would be great. I have had a reclaim ready to go for some time,. but keep coming back to the idea that I might be endangwring my mortgage.

Paul

Reclaiming credit card fees should not affect any other existing product (e.g. mortgage) you have from that company.

spamdip

podperson wrote: »

Spamdip, just because the fos doesn't support claims for £12 charges doesn't mean you shouldn't try and claim them. I've claimed with 4 companies now and got full refund of charges with 3 of them (1 with full contractual interest and 2 with partial payments towards it which ended up being quite a bit more then 8%) and the 4th I'm fairly sure is only being awkward because I'm insisting on my charges from over 6 years ago. Most of them made offers after the first letter and on average I have settled at the second offer. For credit card charges a lot of the companies are now settling well before the fos/court claim stage. I don't know how much your charges add up to but is surely worth trying for the sake of a few stamps?

I'll give it a go, thanks.
:beer: