OFT Judgment and credit cards

[Castlebest]

I have today received a letter from a credit card company I have taken to LBA stage but put on the back burner for a while and have not exchanged any correspondence with them since September last year so this was out of the blue.

In amongst the normal we are right rubbish they always write is this little gem...

This company recognises that customers sometimes exceed their credit limit and/or fail to make a payment and has systems and procedures in place to deal with this.

I believe this is a direct result of the OFT test case judgment and this company will now be claiming there is no breach of contract and therefore no penalty charge... the least this will do is muddy the waters.

I will of course be responding in my normal way and maybe its time this claim came off the back burner to make them prove their outright lie that they have

successfully argued the fairness of this policy and of the £12 charge in court with the result that the claims have been dismissed, and the courts have implicitly held that the policy is fair and the charges reasonable

I think the County Courts would like to see evidence of this too.

Any thoughts would be appreciated

pete

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[steven4064]

Pete

I understood that the OFT statement on CCs basically said that late payment charges were penalties. I don't know of any case where a CC company has argued in court about the £12 charge and certainly the OFT never said a £12 charge was acceptable - the only said that they would take no action for the time being. The OFT statement explicitly says that the fairness question must be settled by a court.

They are bluffing (or worse). My response would be the same as yours

[Bigmac versus]

Beggers belief.

[Castlebest]

Its nice to know we all agree with some of these letters they send out I sometimes wonder if its me thats missing something .

pete

[dpick]

Originally Posted by Castlebest

Its nice to know we all agree with some of these letters they send out I sometimes wonder if its me thats missing something .

pete

Nah it's they buggers that's missing something.

dpick