£12 charge

kirsty000

Ive had a credit card sice the beginning of 2007 and I think ive only been charged the £12 fee for being over my limit / missed payments can the £12 be refunded or are they less likely to do this and only refund the charges that are £20?
Hope that makes sense!

kirsty000

Any ideas??

sea-sidelady

Yes, you claim those back.

Tozer

Not necessarily as they are not treated in the same way.

Smasher

Not sure what you mean about how they are treated, but they are quite clearly penalties. Every claim I have seen for these £12 charges has succeeded so far, including my own..
Many will try to refund the difference between the original charge and £12. Again every claimant who has refused this and insisted on a full refund has got it.

kirsty000

Sorry if I didnt explain it clearly. Most peoples charges are of about £20 and they are managing to claim theses back, but my charges for late payments ect are £12 so I wasnt sure if its as easy to claim them back as it seems like many credit card companies offer the difference between the £20 and £12 charge.
Thanks

Tozer

I don't think they are quite clearly penalties at all. I do not think they will be treated the same way as a bank charges 'penalty' charge at all given the OFT's comments.

Smasher

kirsty000 wrote: »

Sorry if I didnt explain it clearly. Most peoples charges are of about £20 and they are managing to claim theses back, but my charges for late payments ect are £12 so I wasnt sure if its as easy to claim them back as it seems like many credit card companies offer the difference between the £20 and £12 charge.
Thanks

They are every bit as easy to reclaim as the £20 charges. As I said, many credit card companies will give try to give you the impression that £12 is a fair charge and you can only reclaim the difference. Even if the charges are only £12 in the first place, you can reclaim those in just the same way. As yet I have not seen a single claim for £12 charges fail, and there have been a great many..

Tozer, you may have opinions on how they might be treated, but that is assuming a case goes in front of a judge, as yet they have all been settled before a hearing. I know of quite a few that insisted on full repayment plus interest at the contractual compound rate and got it. These credit card claims are nothing to do with the test case.

Tozer

Smasher wrote: »

They are every bit as easy to reclaim as the £20 charges. As I said, many credit card companies will give try to give you the impression that £12 is a fair charge and you can only reclaim the difference. Even if the charges are only £12 in the first place, you can reclaim those in just the same way. As yet I have not seen a single claim for £12 charges fail, and there have been a great many..

Tozer, you may have opinions on how they might be treated, but that is assuming a case goes in front of a judge, as yet they have all been settled before a hearing. I know of quite a few that insisted on full repayment plus interest at the contractual compound rate and got it. These credit card claims are nothing to do with the test case.

Sorry, but if you are starting a claim then ASSUME it will go before a judge or else risk losing out on costs. I would never advise anyone to start a legal action based on the fact that the other side might settle.

Smasher

Quite right, that is very good advice, and something I always tell everybody. Fortunately there are some very good POCs available and lots of help with them. Not sure about here, but certainly on some of the other "reclaiming sites". So far nobody has failed, I'd take those odds, in fact I did with absolute success..

Out of interest, who exactly are you referring to when you say that they will be treated differently? Who will treat them differently, I assume you meant a judge?

Tozer

Smasher wrote: »

Quite right, that is very good advice, and something I always tell everybody. Fortunately there are some very good POCs available and lots of help with them. Not sure about here, but certainly on some of the other "reclaiming sites". So far nobody has failed, I'd take those odds, in fact I did with absolute success..

Out of interest, who exactly are you referring to when you say that they will be treated differently? Who will treat them differently, I assume you meant a judge?

Yep, but none of the claims have, insofar as I know, been resolved by a hearing with a judgment.