Credit Card Reclaiming Discussion

turberville123

Hi all, i am after some help / advice please. I am a CC Tart and have been paying off some debt on a o% CC deal with virgin. I got a 16 month deal that was due to end in Mar 11. I set up a Standing Order of £160 / month leaving my bank account on 1st of the month. In Oct 10, the statement date changed to 2nd of the month meaning that i made 2 payments in Sep 10. The net result is that i have now had 4 months of late payment fees and interest added to the sum of £137. I am v annoyed as i have made the same payment each month for 11 months with no problem, but now, due to a statement date change that i was unaware of, have incurred a a significant amount of charges. I have spoken to customer services and they have said that they can lower the interest rate to 4% but i have said that is unacceptable as i see it as an administrative change on their part which has cost me £££s. I am now awaiting a call back from the manager. Has anyone esle fallen foul of the same problem before and had success in reclaiming?

I know i am partly at fault for not checking the statements but as i dont actually use the card, other than to pay off the debt, i dont check them (i have to access online and couldnt remember password etc:mad:) as there has never been a problem before. I feel i have good grounds to reclaim the full £137 as i have not actually defaulted at any time but we will have to wait and see! Would be grateful for any advice / support that anyone may have .

Will keep you posted!

Premier_2

turberville123 wrote: »

...Would be grateful for any advice / support that anyone may have ...

Always check your monthly statements, you never know what transactions may be on there. :eek:

If you agree to online management, you need to log in regularly to see if there are any important notices regarding your account ... such as the change of the day you needed to pay the next payment by. If you forget your password, contact the company immediately to get a new one issued.

kasomvc

hi! i made a ppi claim against hsbc with regards to my personal loan and credit card ppi, now they are upholding my claim for the loan but not for the credit card. they're offering £400 for settlement for any complaints against hsbc and its subsidiaries. if i accept this settlement, does it mean that i can no longer move forward with my credit card ppi claim? after hsbc issued a final statement, how long do i have to make a complaint with the Office of the Ombudsman? I hope to hear from anybody who knows about this. Thank you all very much.

Premier_2

kasomvc wrote: »

hi! i made a ppi claim against hsbc with regards to my personal loan and credit card ppi, now they are upholding my claim for the loan but not for the credit card. they're offering £400 for settlement for any complaints against hsbc and its subsidiaries. if i accept this settlement, does it mean that i can no longer move forward with my credit card ppi claim? after hsbc issued a final statement, how long do i have to make a complaint with the Office of the Ombudsman? I hope to hear from anybody who knows about this. Thank you all very much.

Its exactly what it says. It covers all disputes you have against hsbc and its subsidiaries.
I'm not sure that is really what they are saying, but obviously I don't have the correspondence you have. It's unusual to combine the two claims into one settlement offer, but if they have you can always counter offer and say you are prepared to accept the £400 as full settlement for any claim against hsbc and its subsidiaries in regards to a refund of PPI charges only

If you don't accept, you have 6 months (from their final offer letter) to ask the FOS to get involved

pintopony

Hi.

Have asked Capital One for a copy of the T & C's for a credit card account now closed, their response was the following-

As you may be aware, your account went into default on 4th November 2009 for
£2467.23. You have since made payments which have brought your balance to zero and we have recorded a settled default on your credit file.
Where there is no sum which is, or will, or may become payable under the credit agreement, then the obligation to provide documentation under sec 78 of the CCA 1974 does not apply. Therefore, on the basis of the above, we have no obligation to provide you with a copy of the documents that you have requested.

Any advice on where i go from here would be greatly appreciated.

Premier_2

pintopony wrote: »

Hi.

Have asked Capital One for a copy of the T & C's for a credit card account now closed, their response was the following-

As you may be aware, your account went into default on 4th November 2009 for
£2467.23. You have since made payments which have brought your balance to zero and we have recorded a settled default on your credit file.
Where there is no sum which is, or will, or may become payable under the credit agreement, then the obligation to provide documentation under sec 78 of the CCA 1974 does not apply. Therefore, on the basis of the above, we have no obligation to provide you with a copy of the documents that you have requested.

Any advice on where i go from here would be greatly appreciated.

Why do you now want the terms & conditions of an account you no longer have?

Have you looked at the Capital One website?
There's their current terms & conditions available there:
https://www.capitalone.co.uk/creditcards/secure/terms-and-conditions.jsf
(though these may have been updated since your account was closed)

tobyhales31

Hi guys,
Just wanted to check other peoples succes stories and problems they found with Barclaycard.

Im in the process off trying to gain the last 6 years worth of statments from them (lost mine in a house move,grrrrr) and ALREADY im being given incorrect address'es being told i have to pay 3 pound a copy (aready recdtified that one with the £10 DPA statement to them).

but it worries me that already they have in this order:

* Told me it will cost me £3 per statement - i corrected this
* Given me the address for the DPA team - i said i want copys of statements not DPA
* Told me i can pay by postal order or cheque and not told me whom to and where
* Given me the address and payee name only to then be it a different address form last time!
* gave me the correct address - after asking them again

Now they have elft me with this address
Barclaycard
Barclaycard House
PO Box 5592
Northampton
NN4 1ZY

I am going to write to them tonight again but i want to preempt any further issues and dodging tactics they might try and say/write back to me.

has anyone else experianced this with barclaycard?

Dommiechop

elpopkid wrote: »

Hey good people of MSE, as a newbie to this site, and someone who has started to go through the process of reclaiming, I wanted some help and suggestions of what I should do:


Sent a letter to MBNA asking for approx £700 in charges. They have sent me a cheque today for 116 quid.

Although there is nothing stated in their letter to say if I bank this cheque, they will consider it "case closed", am I within my right to reply to them saying I will accept this as part payment, and want the difference?

Could do with some help here.....
Thanks!

A letter along these lines worked for me


I refer to default charges applied to my account amounting to £xxx plus £xx interest which I have requested you pay back.

Thank you for your recent letter confirming that you will be willing to make an offer of £xxx as a refund of my charges which have been unlawfully applied to my account.

However, I would like to point out to you, that the amount I am actually seeking is in fact £xxx and that this sum has been calculated in the same way a court would award which is the 8% added to each charge accumulatively

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the court will rule in my favour. As I am sure you are aware, the Office of Fair Trading also stated in its April 2006 statement into credit card charges that it considers charges are at a higher level than is legally fair and it is for only the court to decide on the level of a fair charge.


I therefore gratefully accept your offer of £xxx without prejudice but request you resubmit your final settlement for the sum which I have stated instead.

I again have attached a full schedule of the charges with this document.

In view of this, I now look forward to receipt of your full and final settlement by way of a cheque sent to the address mentioned above within the next 14 days, otherwise I will commence court proceedings to reclaim my money.


Yours faithfully,

Premier_2

tobyhales31 wrote: »

Hi guys,
Just wanted to check other peoples succes stories and problems they found with Barclaycard.

Im in the process off trying to gain the last 6 years worth of statments from them (lost mine in a house move,grrrrr) and ALREADY im being given incorrect address'es being told i have to pay 3 pound a copy (aready recdtified that one with the £10 DPA statement to them).

but it worries me that already they have in this order:

* Told me it will cost me £3 per statement - i corrected this
* Given me the address for the DPA team - i said i want copys of statements not DPA
* Told me i can pay by postal order or cheque and not told me whom to and where
* Given me the address and payee name only to then be it a different address form last time!
* gave me the correct address - after asking them again

Now they have elft me with this address
Barclaycard
Barclaycard House
PO Box 5592
Northampton
NN4 1ZY

I am going to write to them tonight again but i want to preempt any further issues and dodging tactics they might try and say/write back to me.

has anyone else experianced this with barclaycard?

You appear to be insisting in asking for duplicate statements. They do indeed cost £3 I believe.
What you should do is a SAR and you get that from their DPA team, hence why they gave you the address.
The MSE guide explains further

AJHOP

Ok,
So i have had great success using the templates on this site to reclaim charges on my credit cards and PPI that i was not even aware i had on loan accounts and so i am now trying to reclaim the fines levied on my car finance account.

The provider was Peugeot Financial Services and i have issued first and second letters, slightly adapted, and have received the following response, i note that i have not included the final 2 paragraphs as these are simply statemetns as to how they deal with allocatino of late payments to the account and have no relevance to the charges incurred, on which i wouuld be grateful to have some advice as to my response:

"I write with reference to your recent letter which has been passed for my attention. I have investigated the details pertaining to your agreement and would like to clarify as follows:

Following recent reports published by the office of fair trading on the subject of credit card default charges, we have reviewed our internal policy on fees despite the fact that the OFT reports do not extend to motor finance.

HAving sought legal advice, we are satisfied that the charges levied by us are a legitimate part of the service that we provide and that they represent a reasonable pre-estimate of the costs incurred by us as a result of the default. Accordingly we are confident that our terms and conditions in this regards are fair and comply with all relevant legislation, and in particular the unfair terms in consumer contract regulations 1999. We are, of course, aware of the claims by customers for fees and interest in the light of recent media coverage into credit card default charges.

Thanks in advance