Thread: Reclaiming Credit Card Charges

Hi Everyone,

I am looking for a little advice regarding reclaiming credit card charges for late payments and overlimit fees.

Basically between 1999 and 2006 I had various debts both loans (unfortunatly none with PPI that I can claim back) and numerous credit cards which totalled around £22000 worth of debt.

Thankfully I have now paid all these off and am now in debt to the total tune of £500 (that basically proves it is possible to turn things around ) but Im wondering how I would now go about claiming back these charges etc I incurred on my credit card accounts.

The bad bit - unfortunatly I dont have any old account numbers as I destroyed all my paperwork relating to the old debts a couple of years ago when they were all paid off (a sort of fresh start / good riddance action). I know some of the companies I had accounts with Egg / HSBC / Barclaycard etc but I dont know the numbers or the actual dates that I held the accounts.

None of these debts now show on my credit history (thankfully) so I was wondering if anyone knew how I would start to chase these old records and I guess the 1st question is - is it actually possible? After hearing of numerous success stories I though it might be worth a shot in the dark.

I would be grateful of any advice you could give me

Many Thanks for your reply to this query. Does anyone know when I SAR the credit card companies do they provide statements and how far bak they can go if they do??

I know that for 2-3 years I was paying roughly £40 overlimit fees / late charges per month per card but dont know the actual dates I paid these, obviously this could mount up to a rather considerable amount of money.

Many thanks

Hi,

Firstly many thanks for replying to my query this has been a great help and I am going to Subject access request all my card providers.

The only other question I have is how much does this cost? I have seen sites that say you have to include a £1 nominal fee and others that say £10 fee per request?

Any confirmation of these costs would be great.

I am in the process of preparing the letters this weekend and will be gladly posting them on Monday morning and will be waiting in anticipation of their replies. I would finally like to add my thanks to all users of this site as it is a great help and assistance to all.

I will keep you updated.

Well, I have sent of my 1st 2 SAR requests to a couple of card companies - I have about 8 in total but just wanted to test the water with the 1st couple - also I dont have £80 spare at moment - lol.

I will now wait the 40 days and see what they send me to enable me to start the claim procedure.

I will update this thread as soon as I get anything back from them.

Still nothing back from these companies, does anyone know from experience if they normally take the full 40 days to comply with request?

The 2 companies I have SAR requested are Capital One and Citibank.

Thanks

Well the 2x cheques for £10 I sent to these companies have both been cashed through my bank yesterday so Im hoping I will see some correspondence off them both soon.

Then the fun begins

The 2x credit card companies cashed my cheques over 2 weeks ago now but I still have received no paperwork from them.

Is this normal?

They are still within their 40 days reply time with just over 1 week left, do I just keep waiting and then send the non compliance letter at the 40 day point.

Its just they were quick to cash the cheques but not so quick to send the paperwork.

Thanks

yes I am afraid that you will have to be patient, they will not be in a rush so best to keep to the timetable. I have had a few grand back from credit card companies so dont give up.

Could anyone please give me some advice - Capital One have cashed the cheque that I sent them on the 1st of December and then have sent me a letter dated the 21 Dec saying that they have received my SAR request letter but as no payment was received could I send them £10 and they will then process it!!!!

The letter they sent also states that the 40 day deadline now does not start until they receive payment even though they are now welll over it.

When I contact Capital One using the reference numbers and contact no they provided noone can use the reference number and they just say they cant help any more. When I ask to speak to any legal department they basically put me on hold and cut me off.

My questions are - how can they cash a cheque then not be able to trace it and what can I now do?

As we are now into the 60 something day since I sent my SAR request is this actually over the deadline or is it as they say and not starting until they receive the £10 (even though they already have had £10 off me)

I really dont know what to do with this one and am so annoyed speaking to the phone as everyone is absolutly clueless and if not trying to 'sell' you a card are really not interested.

Please help :?

I made a rough draft of a reply letter to them (below) - any comments would be good. This company are not going to get away with it and they really have picked the wrong person if they think i will just turn round and forget about it no matter how difficult they make it

" I am writing regarding your letter reference ******** dated the 21 December 2009 (copy enclosed for your info). You will note that I sent you a Subject access request on the 16 Nov 2009 requesting a fully comprehensive list of all the default charges for late payments or going over my credit limit that I have paid on the above account(s) over the last six years covering the above addresses.

You state that no payment was included in my Subject access request and that I should forward you a cheque or postal order for £10. I would like to point out that a cheque for £10 was included in my original request and that it was cleared by my bank on the 01 December 2009. Could you please confirm why you can no longer trace this and explain why no record has been made of it being received? I will not be sending another cheque for £10 and I will also be contacting my solicitor regarding getting it refunded, by the courts if necessary, if no suitable explanation is received. I will now be copying all correspondence to the Financial Ombudsman / Information Commissioner as you are also way over the 40 day deadline for providing the information I requested.

My original request dated the 16 November 2009 still stands and I expect you to provide all information that you hold on me in accordance with the Data Protection Act 1998. If you are unable to provide this data, I will accept a copy of my statements going back six years; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by law.

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

I look forward to your immediate response as Capital One Bank (Europe) Ltd is obliged to reply under the Data Protection Act. If not I shall seek remedy from the relevant departments.

Yours faithfully "

Any comments good or bad welcome before I send it of at end of week

Well I took great delight in posting the above letter to Capital One a few days ago - it was sent recorded and was signed for by them on the 7th January. Do you think I will get a reply to it soon? I won't hold my breath

One thing that I wanted to confirm is if Capital One are correct and the 40 day time limit doesn't start until they receive payment. Surely this can't be right as they could receive my letter, sit on it for a month or two and then cash the cheque starting the 40 days as and when they like.

I thought it was 40 days from when they physically received my request. I even have a letter from them stating it doesn't start until payment has been cleared.

Also I still find it hard to believe they cashed my cheque and then sent me a letter asking for payment as none was receved in my original request - surely this is just a sly way of them buying more time.

Any views appreciated.

Hi paydaypayback,

I would of thought that as they have already cashed the cheque sent with the original letter, and you can prove that to be the case the clock started ticking then? I think that the second letter you sent, is more than reasonable on your part. Good luck

Well I thought I would keep everyone updated with the latest on my little battle with Capital One. I still haven't received any further correspondence from them since I sent the 2nd letter on the 4th January. I know this was delivered on the 6th as it was sent recorded. Wise move

Well I spoke with the Information Commissioners office on Monday regarding the non responce from Capital One, them being over the 40 days in providing me with info under the SAR rules and also about Capital Ones view that the 40 days doesn't start until they receive cleared payment.

The Information Commisioners office was very interested in the 40 start rules and they stated on the phone that the 40 days start from when they receive the SAR request NOT when the fee clears. I was delighted with this as Capital One sent me a letter saying that the 40 days doesn't start until they receive the cleared fee which the Information Commisioner advise is totally against their rules. I have now firmly lodged the complaint with the Information Commissioners office and have sent them copies of all correspondence I have. By the look of it I have Capital One right where I want them

Rules they have broken -

Not stuck to 40 day deadline

Provided a reference number on correspondence which is untraceable - Information Commisioners office say that references should be able to be traced and also the department (normally legal) who deal with requests easy to contact - have you tried contacting Capital One by telephone reference a SAR request? It took me 4 days and I still didn't get anywhere

Given false information in writing regarding 40 day start times

Taken a fee as payment but not provided the service