Credit Card Reclaiming Discussion

carole_rees

Hi there im in desperate need of some help my mentally ill partner recently had a £11,000 ppi pay out with result to the claims guys claiming it for him i wasent aware he had done this as i know how easy it is to do ourselves this company cold called him offering to claim in for him on a no win no fee basis (no charges mentioned) being mentally ill he signed the forms he was sent without reading them now that we have received the money they now are constantly sending him letters and many phone calls asking for the £4,200 charge (30%) how ridiculous , i will not let him pay it until i seek legal advice ,in the meantime this has made his nerves really bad to the point where he is suicidal once again as he used the payout money to pay off all his debts ,now to be left in debt again i have wrote a letter in to the RIP OFF COMPANY!!!! THE CLAIMS GUYS!!!!!!!! explaining that he is mentally ill and is incapable of understanding this matter but they still continue to pester him for the money :-( i really dont know what to do PLEASE HELP US STOP THESE RIP OFF COMPANIES!!!!! where do i stand ? what shall i do next ???? thanks in advance xxx

[Deleted User]

Please don't spam the forum with duplicate posts.

I doubt you'll get very far claiming that your partner's "mental illness" precludes him from signing a contract with this Claims Handler. Your partner would have to be sectioned I'm afraid, before he could be medically deemed unable to decide for himself what he wishes to sign.

I guess he'll have to pay or he'll soon have debt collectors chasing him...

NEICEYC

Hello everyone, I am new on here so forgive me if I am asking the same questions that have been answered earlier.

My situation is that I have sent off all my letters for Credit Card Charges and have started getting a few replies, all negative ones at the moment.
I have followed the process according to Martins Link and used the template letters, except I didn't pursue the SARS requests, quite frankly I am looking at over £100 for the amount of accounts myself and husband had and so just couldn't afford to send the cheques. Does anyone think that the request for the actual figures through SARS, helps strengthen the case?

Up to now I have had replies from MBNA, Capital one and Vanquis

Capital One have said an outright no, all our charges are legal and appropriate

MBNA have said that there were no charges on my husbands account in the last six years and would not review anything before. they will not answer any further correspondence!

Vanquis have said similar to both these replies.

Most of my charges would have been pre 2006 as we went into Debt Management on 2007 and have been paying them off ever since.

I have sent second letters to the 3 companies I have quoted above, even though MBNA said not to, stating a section I copied from another member of this forum re 'the limitation act 1980' I have also advised that due to the financial hardship of late and debt management, I am more than happy for the amount due to be paid against my balances. I have sent additional letters to Barclaycard, Littlewoods, Citicard and Halifax as I haven't even had a holding letter off any of these.

In a nutshell at this juncture, I wondered if anyone could advise me..
1) should I pay for the SARS request now rather than later as I will need it to pursue through the FOS and

2) Does the 'limitation act' have any bearing on charges previous to 2006 in anyones experience.

We have had a really rough few years, we ended up on one salary, I could no longer continue working as my job had me all over the country and with a young child, no childcare support due to ill heath of my parents (not that anyone does childcare until post 8pm when I was normally finishing!!!) we just couldn't manage. We took the choice of debt management as it was just too stressful dealing with the calls and letters. I have literally come away from them a couple of days ago and gone it alone, to see if we can pay extra to clear the balances and not have to pay the company a fee, i obviously spoke to everyone i owed to first to check it was OK to do this.. Any charges we get back would just go to paying off the balances which can only be good for us.
thanks in advance of any support.

NeiceyC

Wywth

NEICEYC wrote: »

Hello everyone, I am new on here so forgive me if I am asking the same questions that have been answered earlier.

My situation is that I have sent off all my letters for Credit Card Charges and have started getting a few replies, all negative ones at the moment.
I have followed the process according to Martins Link and used the template letters, except I didn't pursue the SARS requests, quite frankly I am looking at over £100 for the amount of accounts myself and husband had and so just couldn't afford to send the cheques. Does anyone think that the request for the actual figures through SARS, helps strengthen the case?

Up to now I have had replies from MBNA, Capital one and Vanquis

Capital One have said an outright no, all our charges are legal and appropriate

MBNA have said that there were no charges on my husbands account in the last six years and would not review anything before. they will not answer any further correspondence!

Vanquis have said similar to both these replies.

Most of my charges would have been pre 2006 as we went into Debt Management on 2007 and have been paying them off ever since.

I have sent second letters to the 3 companies I have quoted above, even though MBNA said not to, stating a section I copied from another member of this forum re 'the limitation act 1980' I have also advised that due to the financial hardship of late and debt management, I am more than happy for the amount due to be paid against my balances. I have sent additional letters to Barclaycard, Littlewoods, Citicard and Halifax as I haven't even had a holding letter off any of these.

In a nutshell at this juncture, I wondered if anyone could advise me..
1) should I pay for the SARS request now rather than later as I will need it to pursue through the FOS and

2) Does the 'limitation act' have any bearing on charges previous to 2006 in anyones experience.

We have had a really rough few years, we ended up on one salary, I could no longer continue working as my job had me all over the country and with a young child, no childcare support due to ill heath of my parents (not that anyone does childcare until post 8pm when I was normally finishing!!!) we just couldn't manage. We took the choice of debt management as it was just too stressful dealing with the calls and letters. I have literally come away from them a couple of days ago and gone it alone, to see if we can pay extra to clear the balances and not have to pay the company a fee, i obviously spoke to everyone i owed to first to check it was OK to do this.. Any charges we get back would just go to paying off the balances which can only be good for us.
thanks in advance of any support.

NeiceyC

You don't need to pay for a SAR if you have the details of the charges you are hoping to recover.

I suggest you read the article again as it says claiming is time limited by law, so charges incurred prior to 2006 you may as well forget

Badzena

Hi All!

I've read a few threads that have come up under PPI claims, but I haven't found anything like what I am experiencing at the moment.

I contacted Barclaycard, and received a claim form, for the mis-selling of PPI. I completed it and sent it back to them. What seemed like an age later, they sent me a letter (5.3.13 dated 27.2.13) saying that they had upheld my complaint and will pay me back nearly £8000. Not a piddly amount. All I had to do was to fill out an acceptance form, with my details and bank details, and they would process it and pay me within 4 weeks.

I returned the form via courier (perks at work!), and they received and signed for my details on the 7.3.13. On the 27.3.13 I received another acceptance form as they said they hadn't received my first one. I rang them and then this all started. They claim not to have recieved my first form. I complained and got a girl, Angela, running around trying to locate my completed form. There was at one stage that Angela needed the consignment/parcel number from me, so she rang my home number (not my work one which they have) and got my son on the telephone. She didn't take him through any security questions, and discussed my claim freely with him. So I rang and complained. Nothing was done, no apology nothing. Still no form. I spoke to a friend who is a solicitor and he contacted Barclaycard on my behalf (after me giving up ringing on a weekly basis) and he was told that I had to send my details again. This I did, they were received and signed for on 1.5.13. I have spoken to Barclaycard on the 2.5.13 & today 3.5.13, they have said that they haven't received my second form either. The lady today, Sonia/Sophie, said that if I didn't send in another form with all my details on, they would cancel my payment and not pay me what they have fraudualently taken from me in the first place.

I have put in a complaint to Barclaycard themselves, they said they would either ring me or contact me within 5 working days. That was on the 12.4.13 (I think, not got all my dates with me at work), I have received nothing from them at all. I have also printed a compaint form from the Ombudsman, to which I will send off over the weekend, as I need to check a few things first.

Does anyone know if Barclaycard can not pay me what they owe? Where do I go from here? Please help, anyone, I am desperate now, I just don't know where to turn.

Yours hopefully....Zena

butterflywingz

carole_rees wrote: »

Hi there im in desperate need of some help my mentally ill partner recently had a £11,000 ppi pay out with result to the claims guys claiming it for him i wasent aware he had done this as i know how easy it is to do ourselves this company cold called him offering to claim in for him on a no win no fee basis (no charges mentioned) being mentally ill he signed the forms he was sent without reading them now that we have received the money they now are constantly sending him letters and many phone calls asking for the £4,200 charge (30%) how ridiculous , i will not let him pay it until i seek legal advice ,in the meantime this has made his nerves really bad to the point where he is suicidal once again as he used the payout money to pay off all his debts ,now to be left in debt again i have wrote a letter in to the RIP OFF COMPANY!!!! THE CLAIMS GUYS!!!!!!!! explaining that he is mentally ill and is incapable of understanding this matter but they still continue to pester him for the money :-( i really dont know what to do PLEASE HELP US STOP THESE RIP OFF COMPANIES!!!!! where do i stand ? what shall i do next ???? thanks in advance xxx

Hi, if your partner is suffering from a mental illness then the court would look at whether or not he had mental capacity at the "relevant time" ie when he signed the contract. You do not need to be sectioned in order to be deemed not to have mental capacity. Mental capacity can also be a permanent or temporary thing. It would be worth looking at the Mental Capacity Act 2005 which sets out the criteria on whether or not there was capacity. The Mind Charity website gives a very useful guide to the act and sets out clearly the meaning of capacity. Hope this helps.

brown1950

Does the 'limitation act' have any bearing on charges previous to 2006 in anyones experience.

Wywth wrote: »

You don't need to pay for a SAR if you have the details of the charges you are hoping to recover.

I suggest you read the article again as it says claiming is time limited by law, so charges incurred prior to 2006 you may as well forget

You have 6 years to claim from the date on which you could resonably
discovered that you should not have been paying the money.

Wywth

brown1950 wrote: »

Does the 'limitation act' have any bearing on charges previous to 2006 in anyones experience.

You have 6 years to claim from the date on which you could resonably
discovered that you should not have been paying the money.

I don't know which MSE article you are reading, but the one linked to in the OP couldn't be clearer

Step1

You need to find all the fines you’ve been charged by each credit card. You can go back six years in England and Wales or five years in Scotland; these time periods are limited by law. This includes late payment and ‘over the limit’ fees, but not standard account fees or interest.

Even if you want to try and put the spin on it that you are attempting, then you should be aware of the charge the month after it was incurred (as that is when it would appear on your statement).
Alternatively, if you want to try and claim you didn't know the charges over £12 were considered excessive and so unfair by the OFT, well they made their announcement in April 2006 - so over 6 years ago.

brown1950

Wywth wrote: »

I don't know which MSE article you are reading, but the one linked to in the OP couldn't be clearer

Step1

Even if you want to try and put the spin on it that you are attempting, then you should be aware of the charge the month after it was incurred (as that is when it would appear on your statement).
Alternatively, if you want to try and claim you didn't know the charges over £12 were considered excessive and so unfair by the OFT, well they made their announcement in April 2006 - so over 6 years ago.

Read case law in particular Kleinwort Benson v Lincoln City Council.
Section 32 (1) of the Limitation Act 1980 applies.

Alpine_Star

brown1950 wrote: »

Does the 'limitation act' have any bearing on charges previous to 2006 in anyones experience.

You have 6 years to claim from the date on which you could resonably
discovered that you should not have been paying the money.

This is an often misunderstood area of law.

It's not when ''you could resonably discovered'' (sic) but, crucially, the Act states ''could with reasonable diligence have discovered it''.

As Wywth correctly points out one could, with reasonable diligence, have discovered the OFT's announcement and subsequent reduction of the charges.

Kleinwort Benson v Lincoln City Council is not capable of being applied in this case as credit card charges as are neither mistakes in law or fact.