Credit Card Reclaiming Discussion

mdj1

Just so you all know, Chelmsford County Court is STAYING ALL credit card claims, even after they have been unstayed before. I have provided proof to Nottingham after it got stayed there and they unstayed it and moved it to Chelmsford. After about 4 months! (CHELMSFORD TOOK 4 WEEKS TO TYPE A LETTER) and sending the courts more proof inc OFT info the Judge stayed the case again! The court staff said all the judges are doing this and even admitted that they know they are not allowed too! WHAT THE HECKS GOING ON HERE!

hairbrain05

Hi all,
I've claimed cc charges from Cap1 - and have accepted partial payment without predjudice (referred rest to fos)

Am i right in thinking they should send me the payment/credit my account within 21days of notification?

ChrisCC_3

Hi,

I'm a newbie, but have already had some success with claiming charges back.

Amex (Platunum) are the best so far, have had 3-4 late charges applied over the last 2 years & every month have had them reclaimed with just a short phone call (£48). As gestures of goodwill, because I always pay off the balance in full.

Virgin Mastercard are another matter, I called to say payment was due on a Sunday, and therefore I wouldn't pay til the Monday. They refused to cancel the fee £12, so I cancelled the card. When the statement came through I called again & after 20 mins discussing back & forth with the manager, they cancelled the £12 fee - result!!

The problem lies here: every time at Amex they've charged me interest, I've had that refunded too. But Virgin Mastercard refuse to cancel the interest charged, which is only £23.49, but it's the principal.....I think the letter templates & advice only refer to charges, not interest, is that right?

Am I better off paying the balance I owe & the interest & then writing to them? Would be interested in getting advice on this, because I really don't want to pay them the interest!

Here's hoping for lots of advice.....Thanks!

nickmack

mdj1 wrote: »

The court staff said all the judges are doing this and even admitted that they know they are not allowed too! WHAT THE HECKS GOING ON HERE!

If the judges are staying Credit Card cases carte blanche at this court, it's pretty outrageous.

Have a look at Martin's Credit Card Reclaim guide for your options.

http://www.moneysavingexpert.com/reclaim/credit-card-charges

andrewman

I am concerned that courts are staying claims for creditcards refunds. As far as i am aware courts can not stay creditcard re-claims, the only stays allowed are for bank re-claims. It looks like courts are interpreting the law for their own reasons. OFT has not issued any rules with regards to stopping creditcard refunds as far as i know. maybe we can get martin to clarify this for us.

claimback26

Hiya
I sent a letter to Halifax Credit card claiming 1430.00 plus 300.89 intrest. They have sent me a letter back offering me £554.00. I don't want to accept this as I want the full amount and the letter states that my acceptance of the offer will advise them that my concerns have been resolved.

I'm not sure what to do next, do I send them a letter saying I'm not accepting the £554.00 but I will accept another amount (i'd be prepared to accept 1430.00 without the intrest) or do I send a letter saying yeah thanks I'll have the £554.00 and take you to court for the remainder????

Any advice would be much appreciated

kats9lives

claimback26 wrote: »

Hiya
I sent a letter to Halifax Credit card claiming 1430.00 plus 300.89 intrest. They have sent me a letter back offering me £554.00. I don't want to accept this as I want the full amount and the letter states that my acceptance of the offer will advise them that my concerns have been resolved.

I'm not sure what to do next, do I send them a letter saying I'm not accepting the £554.00 but I will accept another amount (i'd be prepared to accept 1430.00 without the intrest) or do I send a letter saying yeah thanks I'll have the £554.00 and take you to court for the remainder????

Any advice would be much appreciated

I'd say.............

Dear Sir or Madam,ffice:office" /><O:p></O:p>
<O:p> </O:p>
Re. Account number: XXXX XXXX XXXX XXXX
<O:p> </O:p>
Thank you for your letter dated XXXXX offering £554.00.
<O:p> </O:p>
I wrote to you on XXXXXXXX making the original request for a payment in settlement of my claim. As I have not received a satisfactory response, I am writing to inform you I intend to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court.<O:p></O:p>
<O:p> </O:p>
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

This is not a course of action that I and I am sure you wish to pursue however I feel you have given me no alternative. I will therefore allow you a further 14 days from the date of this letter to repay the full amount.<O:p></O:p>
<O:p> </O:p>
I accept the money that you have offered as part payment without prejudice.

Should you wish to settle my claim in full, please forward the balance of the claim (£1176.89 including interest) without further conditions.<O:p></O:p>
<O:p> </O:p>
Total amount being claimed is: £1730.89 including interest.<O:p></O:p>

Note: the interest originally stated was calculated on xxxxxxxxx and has since increased. If this is settled within 14 days of the date of this letter I will accept the £1430.00 as a full and final settlement.



<O:p>If your willing to accept without interest i'd send the above. If still wanting the interest i'd changed the figure in the last line to be the full amount</O:p>

How long did it take for them to make the offer to you? i received a letter from them last week acknowledging my refund request, and they advised they would reply within 4 weeks - ok outside my timescales, but was just wondering how long it took them with your claim?

claimback26

Thanks very much for your help, thats what i'll do.

I orginally sent the letter asking for the full amount with intrest back on the 1st April and I received the letter offering £554.00 on 10th April so was really quick.

Thanks again for your advice and hope you get your money back soon:beer:

mdj1

Yep they are just staying them regardless!

I have had an offer from Abbey (Cahoot) of nearly the whole amount not including the interest, So I am going to take it. Can't be arsed to wait another 8 months!

Rigady

ChrisCC wrote: »

Hi,

I'm a newbie, but have already had some success with claiming charges back.

Amex (Platunum) are the best so far, have had 3-4 late charges applied over the last 2 years & every month have had them reclaimed with just a short phone call (£48). As gestures of goodwill, because I always pay off the balance in full.

Virgin Mastercard are another matter, I called to say payment was due on a Sunday, and therefore I wouldn't pay til the Monday. They refused to cancel the fee £12, so I cancelled the card. When the statement came through I called again & after 20 mins discussing back & forth with the manager, they cancelled the £12 fee - result!!

The problem lies here: every time at Amex they've charged me interest, I've had that refunded too. But Virgin Mastercard refuse to cancel the interest charged, which is only £23.49, but it's the principal.....I think the letter templates & advice only refer to charges, not interest, is that right?

Am I better off paying the balance I owe & the interest & then writing to them? Would be interested in getting advice on this, because I really don't want to pay them the interest!

Here's hoping for lots of advice.....Thanks!

Hi ChrisCC

Unfortunately you can't claim back the interest charges, I would pay them the full amount including interest, before they add more. Unfortunately Virgin aren't very helpful or nice to deal with!