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Credit Card Reclaiming Discussion

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  • Hi,

    I sent my first letter claiming £344 in charges and got a letter back saying that i am not entitled to claim back some of my charges and will off my £21 in goodwill thats the difference between £15 and £12 for a few months. They said that i signed the terms and conditions and that i can not get interested and they have reached the end and they will not respond again. I am to refer a complaint to the financial ombudsman service. Is it worth doing this or should I send my second letter, also i have cut the topshop card up and no longer use it, so should i tell them to issue me with a cheque? Im really not sure what to do. Any help and advice would be great many thanks all
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    78desire wrote: »
    Hi,

    I sent my first letter claiming £344 in charges and got a letter back saying that i am not entitled to claim back some of my charges and will off my £21 in goodwill thats the difference between £15 and £12 for a few months. They said that i signed the terms and conditions and that i can not get interested and they have reached the end and they will not respond again. I am to refer a complaint to the financial ombudsman service. Is it worth doing this or should I send my second letter, also i have cut the topshop card up and no longer use it, so should i tell them to issue me with a cheque? Im really not sure what to do. Any help and advice would be great many thanks all

    Hi 78desire, and welcome to MSE :hello:

    If you have a final response letter, you can either go now to the FOS and/or try and negotiate further with the credit card company.

    You should get at least all your charges back, at least the differences from what was charged and £12, from the whole of last 6 years.

    That's what the FOS will almost certainly award if the credit card company refuse.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • podperson wrote: »
    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!).

    I thought I would follow up with "what happened next" after your and Premier's kind help with my claim.

    I sent in the Allocation Questionnaire and, as was suggested, I attached further details of my claim, nullifying Natwest/Cobbetts defence. Just over a week later I received a letter from Cobbets for an "good will gesture" of £270, about 50% of the amount claimed, but significantly up on Natwests first offer. However, I don't see this as a fair amount and so have called to reject the offer. She said that she would ask her client for further instructions. The ball is back in their court.

    I assume, perhaps incorrectly, that they have a general set of instructions and do not actually go back to Natwest in each case. That would mean that right now they already know what the next stage is and I just have to wait and see what comes through the post. I should also point out that as a condition of acceptance of the offer I cannot communicate the details to third parties!

    How did Podperson get on?
  • podperson
    podperson Posts: 3,125 Forumite
    Ninth Anniversary 1,000 Posts
    I've received defence through from Halifax and my 6 year argument must have been valid because that's the only thing they haven't defended on :) Looks like a standard template defence, main points being that since the charges were included in the t&cs they are not breaches of contract and therefore not 'penalty charges' - rather weak. That they are a valid pre-estimate of costs - so let's see them break that down for me and a little line on the end about how they don't think I'm entitled to contractual interest. Just waiting for my Allocation Questionnaire to come through, my court house seems rather slow, they told me they have a backlog so are still processing.
  • esmerellda
    esmerellda Posts: 2,237 Forumite
    Just wondered if anyone on this forum has experienced any problems with reclaiming credit card charges with the card providers quoting any case law from the high court (recently say in last two months) ?
    LegalBeagles
  • Hi all,

    New to this and first post, so bear with me!

    I still have a Barclaycard, but realised that I have been paying over fifty pounds a month on my bill for this Optional Payment Bill. So a number of questions have read some of the posts on here,

    1. Can I stop it or do I have to keep on paying???
    2. Can I reclaim this money, because I do not remember agreeing to paying it?!

    In hope thanks

    Sdl72
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    sdl72 wrote: »
    Hi all,

    New to this and first post, so bear with me!

    I still have a Barclaycard, but realised that I have been paying over fifty pounds a month on my bill for this Optional Payment Bill. So a number of questions have read some of the posts on here,

    1. Can I stop it or do I have to keep on paying???
    2. Can I reclaim this money, because I do not remember agreeing to paying it?!

    In hope thanks

    Sdl72

    What are you paying £50 per month for exactly?

    If it's for some kind of payment protection insurance, there's a whole separate board to discuss that :)

    http://forums.moneysavingexpert.com/forumdisplay.php?f=169
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • Hello
    I have just tagged this question onto another thread in Debt Free Wanabees but then found this and thought might get specialist advice over here!!

    I have set up DMP and now making payments via CCCS. Can I now write to credit card companies and request charges back? Has anybody else done this?

    Regards RON
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    Hello
    I have just tagged this question onto another thread in Debt Free Wanabees but then found this and thought might get specialist advice over here!!

    I have set up DMP and now making payments via CCCS. Can I now write to credit card companies and request charges back? Has anybody else done this?

    Regards RON

    Yes, you can still ask if they will refund your charges.
    If successful, any refund will first go to reducing your debt with the company. (as it would with anyone)
    This could result in a revised DMP depending on the size of any credit.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • Premier

    Thanks for that advice - will get on with that today - got week off so getting a lot sorted out. Cheers RON
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