Credit Card Reclaiming Discussion

Financial_Awakening

Credit cards. I have 4 x £12 late payment fees I would like to reclaim.

However, the wording in all the advice seems to suggest that £12 is a 'reasonable amount' definded by the OFT. Martin's template letter aimed at threatening to take the Credit Card companies to the banks says:

"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."


That's surely not of much use to someone like me who is claiming 4 x £12 late payment fees?

And on a final point, a total of £48 seems a really sum amount to reclaim compared to some of the amounts some people are claiming on this forum. Would a claim for £48 be taken as seriously by the courts as it would take a claim for, say, hundreds of punds?

borgbaiter

hi

this is a common misconception. What the OFT actually said was that charges over £12 would be considered unfair and they would not get involved in charges under this level they did however say this did not mean this was a fair charge.

all the claims for credit card charges on this site i have seen including my own have paid back in full. most require you initiating court action but some just pay up at once.

if they pay up before court you should not add interest if they refuse make them pay interest too.


good luck


borgbaiter

Financial_Awakening

borgbaiter wrote: »

hi

this is a common misconception. What the OFT actually said was that charges over £12 would be considered unfair and they would not get involved in charges under this level they did however say this did not mean this was a fair charge.

all the claims for credit card charges on this site i have seen including my own have paid back in full. most require you initiating court action but some just pay up at once.

if they pay up before court you should not add interest if they refuse make them pay interest too.


good luck


borgbaiter

Thank you once again, borgbaiter. That's a brilliant answer as it answers absolutely everything I needed to know.

You're quickly becoming my MSE forums hero!

Ex-Spendaholic

Hi

With Halifax credit card, I just phoned their Customer Relations and said I wasn't happy with the offer which was around £200ish. The girl said she would escalate the claim. I then got a letter about 6 weeks later offering the full amount of £650.

*recovering_spendaholic*

That's good to hear Alwayshardup. I have just requested statements from Barclaycard for mine and dh's cards.

Well done!

moneynurse

mneville610 wrote: »

Hi all. I am claiming £600 fromHalifax in credit card charges. Yesterday i receibed a letter from Halifax offering me the difference between the bank charges and the £12 now charged. I would like to refuse this offer and go for the whole amount. Could someone please help me in wording my letter.

It would be much appreciated.

Marion

Thank you for your recent offer of £xxx as a gesture of goodwill, I must inform you that I will not be accepting this offer. As outlined in my earlier correspondence I explained that the charges you have applied to my account are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Further or in the alternative, I believed that your charges are a Penalty.

Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963

As a gesture of goodwill I will give you 7 days to refund £xxx back on to my account. If this is not done within the 7 days, I will be forced to start legal proceedings, you will receive no further warnings.

Hope this helps, I slighty modifyed the original letter and this one worked for me!

James

Miss_Neo

This is really inspiring - I'm being chased and charged by Barclaycard amounst others and it really gets me down and I'd given up even trying to claim money back but after reading these stories I will do it - and I hope end up in the clear as my debts are at least 90% due to charges from a couple of late payments.

skintassistant

19donna82 wrote: »

Hiya

I don't know if it's standard practice but I have read on here that others have experienced the same problem, when I didn't receive mine within 40 days (from the date I sent the letter) I went to my local bank and they sorted for me, maybe you could do the same?

Good luck, hope you hear something soon!

After phoning 3 differnt numbers I got hold of the complaints dept. how chased it up and I got my reply about 2 weeks after.
I sent the 2nd template with a copy of highlighted charges and the interest table. I asked for the £600 of charges plus interest (working out at around £721) received a letter this week offering £312 (which is ths differnce between the original charges and £12) the letter also says that they wont pay the interest.
Also according to the letter it will pay the money into my credit card (which is closed) if I accept it.

Has anyone else claimed back on a closed BOS credit card, did they send you the money or put into your bank account? I have a current account so I'm not sure if they are going to put the money into that or not

Gemmzie

I'm writing one of the letters to Halifax CC from the template. I'm wondering whether to make reference to the fact that we are on a DMP which they accepted for 12 months, and that we are now overlimit due to their charges.

angel_nicx

skintassistant wrote: »

Has anyone else claimed back on a closed BOS credit card, did they send you the money or put into your bank account? I have a current account so I'm not sure if they are going to put the money into that or not

Hiya- We're claiming against a closed BOS credit card and we had a letter through pretty quick offering us the difference between the charges and £12. We've gone back to them and suggested just the charges without the interest.. Still waiting.

They said they were going to credit the account (i.e. the card- FOOLS!:mad: ). When I wrote back to them I said that as the account was closed, I obviously did not view this as acceptable payment. I'll let you know!

x