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My partner has an Evans store card and has accumulated a number of charges over the years.
Perhaps we have gone the wrong way around and perhaps we should have asked for a SARs first, but we by passed that and hoped that they would cough up when we asked for all the charges to be refunded (templates from CAG).
Today she received a snotty letter from GE Cap/ Evans.
Well now, that isnt exactly what the OFT said.. what they did say was...
QUOTE:
Where credit card default charges are set at more than £12.00 the OFT will presume that they are unfair, and is unlikely to challenge the charge unless there are limited, exceptional business factors in play. A default charge is not fair simply because it is belowe £12.00. Setting a threshold for intervention is a pragmatic pro-consumer action that is designed to give the industry the opportunity to change is practice without litication. It is supported by detailed guidance to the industry as to how to reduce the liklihood of public enforcement.
and
QUOTE
The OFT is not proposing that default fees should be equivalent to the the threshold, and a court will certainly not consider that a default fee is fair just because it is below the threshold.
END QUOTE
Therefore, Evans' intrepetation of the OFT is deceptive. What they said was: That action would automatically be taken in respect of charges over £12.00 and that this was not intended to signal to companies that £12.00 was necessarily fair.
Here is the web link to the statement above. When you write to Evans quoting the above,then either print out the ruling or include the weblink.
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
Yeah, typical bluster from GE, they think if they say it often enough, maybe people will believe it and drop their claim.
Keep going. I take it that you know how much you were charged? If you do, you don't need a SAR, if you're not sure then you should do that first.
When you claim back, don't forget to add the portion of interest that was levied on the charges, so if a balance was £100 out of which £40 was charges, you would reclaim £40 + interest @ X APR on the £40. It can add up, believe me.
Apologies to people who I was in the process of helping, I may be gone some time.
I have asked in pervious letters to Evans / GE for the all default charges to be returned and I know that I did every thing backside first as you can see in my previous correspondences, but how do I reclaim this amount. Is there a template letter on CAG stating that I want the full amount back, irrespective of your interpretations of the OFTs ruling?
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
Okey dokey, well there doesnt actually appear to be a template letter, so here is a copy of the one I sent to Capital One.
Dear Sirs,
I am in receipt of your letter dated 20th April 2009.
Having read the OFT's publications (OFT 842) for myself, I find your interpretation of them deceptive. The OFT said that action would automatically be taken in respect of charges over £12.00 and that this was not intended to signal to companies that £12.00 was necessarily fair.
Where credit card default charges are set at more than £12.00 the OFT will presume that they are unfair, and is unlikely to challenge the charge unless there are limited, exceptional business factors in play. A default charge is not fair simply because it is belowe £12.00. Setting a threshold for intervention is a pragmatic pro-consumer action that is designed to give the industry the opportunity to change is practice without litigation. It is supported by detailed guidance to the industry as to how to reduce the liklihood of public enforcement.
and
QUOTE:
The OFT is not proposing that default fees should be equivalent to the the threshold, and a court will certainly not consider that a default fee is fair just because it is below the threshold.
I therefore enclose my schedule again for your attention.
I require repayment in full of this money. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.
Yours faithfully
Alternatively you can use the letter in the following link.
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
You sent the letter on 7th May, yes ? How long did you give them to respond ?
Check with Royal Mail track n trace line to confirm date of receipt. Then add your response time on to the date of receipt.. so if you gave them 14 days and they received it say on the 8th/9th
Then yes, you can start preparing your court papers.
1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -HERE
2: Take back control of your finances -Debt Diaries
3: Feel Bullied by Creditors or Debt Collectors?Read Here
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
This is what I sent to them on the 7th so 14 days plus 2 so that is today the cut off point 23rd.
GE Money
POBOX 848
LIVERPOOL
L71 2XX
07/05/2009
Final request
Dear Sir,
ACCOUNT NUMBER:
Your ref: 93
Thank you for your letter dated 20th April 09.
Having read the OFT's publications (OFT 842) for myself, I find your interpretation of them deceptive. The OFT said that action would automatically be taken in respect of charges over £12.00 and that this was not intended to signal to companies that £12.00 was necessarily fair.
QUOTE:
Where credit card default charges are set at more than £12.00 the OFT will presume that they are unfair, and is unlikely to challenge the charge unless there are limited, exceptional business factors in play. A default charge is not fair simply because it is below £12.00. Setting a threshold for intervention is a pragmatic pro-consumer action that is designed to give the industry the opportunity to change is practice without litigation. It is supported by detailed guidance to the industry as to how to reduce the likelihood of public enforcement.
and
QUOTE:
The OFT is not proposing that default fees should be equivalent to the threshold, and a court will certainly not consider that a default fee is fair just because it is below the threshold.
I therefore enclose my schedule again for your attention.
I require repayment in full of this money. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.
My favourite part of OFT842(google it if need be to read it in full) is :
"1.14 It must be stressed that this is a statement of our position and reflects the exercise of our discretion as an enforcement agency. Only a court can decide finally whether a term is unfair, or at what level default charges should be set to meet the requirements of the UTCCRs. It should be kept in mind that other enforcers may apply for injunctions under the UTCCRs and that the UTCCRs may be relied upon by consumers in private claims."
I would have put a bit within it to say something like, to avoid further legal expenses on your part I will settle for the full amount providing it is paid within 14 days otherwise I will take the OFT's advice and take you to court.(or something like that )
You're doing fine and if 14 das are up already on the letter sent above then it's time to sue them.
as im on the tail of evans too, interesting points given and learnt in the thread thanks to all who have educated me
have a fun eve laters angel x
Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.
my new motto is,,,",Taking back control of your life and home - such peace is priceless"
This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel
Evans store card charges
).
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Originally Posted by chris5664
