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Credit Card Reclaiming Discussion

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  • podperson
    podperson Posts: 3,125 Forumite
    Ninth Anniversary 1,000 Posts
    I am reclaiming to 2000 with Halifax using section 32 of the Limitation Act 1980 to claim that the 6 years should only start when I became aware that the charges were classed as penalties due to the OFT report of 2006. I am currently in a court case with them so be aware you will probably have to take it all the way - however that's the only point they haven't argued against in their defence so think it must be fairly solid.
    Regarding interest, unless you go all the way to court it's one of the other but would have thought it should be the same one and I have always gone for compound. Not sure on the PPI I'm afraid, didn't have it on mine.
  • MattyA
    MattyA Posts: 185 Forumite
    podperson wrote: »
    I am reclaiming to 2000 with Halifax using section 32 of the Limitation Act 1980 to claim that the 6 years should only start when I became aware that the charges were classed as penalties due to the OFT report of 2006. I am currently in a court case with them so be aware you will probably have to take it all the way - however that's the only point they haven't argued against in their defence so think it must be fairly solid.
    Regarding interest, unless you go all the way to court it's one of the other but would have thought it should be the same one and I have always gone for compound. Not sure on the PPI I'm afraid, didn't have it on mine.

    Thanks for the input & good luck with your court case....I think I will end up there also.

    As a matter of interest are you claiming contract interest if applied by them as well as statutory interest?

    Regards,

    Matty
  • MattyA
    MattyA Posts: 185 Forumite
    Premier wrote: »
    This appears to support what the MSE guide to reclaiming credit card charges says:



    This is what the MSE guide to reclaiming credit card charges says:


    I suggest you ask about this on the reclaiming PPI and other insurance board.
    http://forums.moneysavingexpert.com/forumdisplay.php?f=169
    In the meantime, you may be interested in this article indicating many financial institutions are currently stalling over PPI reclaims pending a judicial review due early next year.
    http://www.bbc.co.uk/news/business-11989657


    Thanks for the advice / pointers - I will do some more digging.

    I do tend to agree with podpersons view on the time limits - I will use the same tac and see what their response is.



    Regards


    Matty
  • podperson
    podperson Posts: 3,125 Forumite
    Ninth Anniversary 1,000 Posts
    I've asked for contractual interest in the reclaiming letters (have done 4 claims now and the other 3 paid me back at this stage) now that Halifax has gone to court have added statutory interest on for the court claim.
  • Hi podperson, just wanted to see how you were getting on with your reclaiming charges under the limitation act 1980. I have just got a letter back saying the same thing, about you only have six years to claim, but my debt is all credit card charges. I used the card a few times in the first year I got it. So mine goes from 2001. Surely they cant still hassle you for it when its been years ( I got the card in december 2000)! It is coming off my credit file this year but do you think I should still pursue this and go with the limitation act? Thanks:)
  • Hi all,

    I'm just wondering if I can claim on two CC I had, but because I fell into debt these were closed down and arangment has since been put inplace where I pay 1.00 a month.
    I am not sure if my CC was under any insurance cover, if not would it need to be for a claim to be made.
  • Ok, can anyone help me with this?
    I wrote to Nat West to reclaim charges on my Mastercard. The charges were between 2005 and 2010, I was charged £20 twice and £12 ten times (£160 in total before interest). They have replied offering me a refund of only £17.28 as they say £12 is the charge recommended by the OFT.

    Do I have a good chance of getting a full refund or is this partial refund the best I am likely to get?
    Should I send them the second template letter on this website threatening court action?
    Does anyone else have experience of getting refunds from Nat West Mastercard charges??
  • My mother has recently discovered that her HSBC Visa Gold Card has had a £10,000 limit on it and was getting 'topped up' automatically from her current account on a monthly basis to stay within the £10,000 limit and not, as she had assumed, to clear it to £0 as was the case with my father's identical Gold Card. In other words, she has been paying interest on up to £10,000 (hovering around £9000 for the last year at least) for more than the last five years. This mistake has come about, we believe, due to the belief that my mother's credit card was the same as my late father's who passed away last year. Both were set up oround 15 years ago and his card was set up to be automatically cleared each month from his bank account. For some reason my mother's was set up differently. (or maybe changed at some point) The result had been £100-£250+ interest average over the last five years plus. Unfortunately she has been misreading her statements and thinking that that figure (wavering between 8-£10,000) was a 'credit' on her account and that the £250 charge, for example, was a debit on the credit card and not an interest charge. (Apart from the 'Gold Card' at the top of the page, the statement looks like a regular HSBC statement.) The result has been £10-15,000 interest over the last five years.
    The $1000 Question (literally):
    Can she reclaim the money or part of it? Why wasn't a warning letter sent when it was and is clear that she had more than enough money in her current account to completely clear the debt? Can we go through the steps as on the moneysavingexpert website or is this case different? We have already gone to see our local branch assistant to be told that 'there is nothing we can do' and that it is clear from the statements that the balance was a 'credit' on the credit card and the other figures were both automatic payments to maintain the £10,000 threshold and the interest charges. Any help/advice would be greatly appreciated.
    Thanks.
  • hi all,this is my first ever post and i hope ive posted it in the right thread and someone can help me.i had a mbna credit card which was started in 2002 and paid off in 2008 during this time i know i incurred charges. but i destroyed the card as soon as it was paid off and i no longer have the account number.but through experian i know the start date and end date of the account.can i reclaim the charges back,if so how do i go about it?.many thanks
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    hi all,this is my first ever post and i hope ive posted it in the right thread and someone can help me.i had a mbna credit card which was started in 2002 and paid off in 2008 during this time i know i incurred charges. but i destroyed the card as soon as it was paid off and i no longer have the account number.but through experian i know the start date and end date of the account.can i reclaim the charges back,if so how do i go about it?.many thanks

    Hi gyaldemsuga and welcome to MSE :hello:

    Have you read the article linked to in the OP?
    Provide the company whatever details you can to help them identify you/your account.

    What part of the article do you not understand in how to proceed?
    "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
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