Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
My partner has an Egg card which is constantly over its credit limit. He pays his minimum payment on time every month (he has NEVER made a late payment) yet with the ridiculous amounts of interest he is being charged, he is constantly slightly over his credit limit.
We would love to pay a little extra each month to bring it down, but we are new, struggling parents.
Anyway, Egg recently contacted him to discuss his account and told him they wanted to set up a long term payment plan and register a default. He told them he simply was not prepared to do this.
He is paying over £30 in payment protection insurance too. He asked months ago that this be cancelled and the person he spoke to said it would. Months later he is still being charged it and now they are saying that despite the fact they never followed through with the request, it his actually his fault for not notifying them sooner that it was still being deducted and will not refund the money from the date he cancelled.
So now they have really got his back up... My question is, will he be able to reclaim the over limit charges that have been deducted??? He has been deducted £20 each month from Dec 05 to Jul 06 and £16 per month from Aug 06 to present.
It will at least being his balance back under his credit limit and stop them telephoning him all the time about paying more of his account.I'm sorry if this sounds really a really dumb and easy question. I'm claiming myself against Natwest but I'm still fairly new to all this.
1) he can reclaim the over limit charges - they are unlawful
2) Does he have a record of when he ask for the PPI to be cancelled - if he has nothing in writing Egg should have a telephone record (either a recording or note) that this happened and if he is reasonably sure of the month its in then they should be able to find it easily on his account - I would suggest he first calls them and asks them to find the note, then if that doesnt work he should write making the same request and emphasise that as Egg have these records they will be able to confirm that he did indeed request the PPI should be cancelled and that it is unreasonable and unlawful not to accept a clients request.
Back on the charges, if you have all his statements you can go straight to the "prelim" letter stage - if not you do an "SAR".
I would strongly suggest, if you havnt done so already, that both you and your partner read the FAQ's on this site and try and understand the process before you get started - it makes it so much easier! If you have any questions post them here or send a private message to a site helper or moderator and they will usually be able to help.
Good luck if you go ahead and make a claim - it sometimes take a little while but its his money they have charged unlawfully (plus the intrest on the charges on top!)
Can Anybody Help Me?
card which is constantly over its credit limit. He pays his minimum payment on time every month (he has NEVER made a late payment) yet with the ridiculous amounts of interest
Reply With Quote
