Can someone help please?

I'm trying to reclaim unfair credit card charges from 1/8/2004 - 1/2/2006.

No joy writing direct

complained to FSA and no joy again.

FSA say

(i) it's outside the 6 year rule and

(ii) that I should have complained when I got the statements.

I said that

(i) I was relying on s.32 of the Limitation Act because I didn't know about it

and (ii) they were unfair.

FSA guy didn't know what this was and maintained what he previously said.

Now thinking about court action.

I found the FSA a bit lacking in knowledge unfortunately.

Any advice please?

is it worth it?

what does your spreadsheet say your total is...

dx

Hello

Credit card claim (a) is £689.00 and Credit card Claim (b) is £1800

are you claiming interest in restitution on those?

it might be worth putting up a copy of your complaint letter to co-op (Take out the details)

Here's the last letter I wrote before I handed it over to the Ombudsman. I thought they would take over and sort it out for me but alas no.

"Thank you for your letter dated 5th June with enclosures which has been very insightful.

I am now writing to request that The Co-Operative Bank repay all the late payment fees and over limit fees that have been applied to my account.

I do not believe the charges reflect the true cost to Co-Operative and in the circumstances are unfair and disproportionate. I am therefore requesting a refund based on the Unfair Terms in Consumer Contracts Regulations 1999.

At the time I had this account, I was in dire financial straits being a single parent of a 3 year old and living in homeless accommodation. I had many debts and defaults and I may well have had one less if these charges were not levied.

To this end, I have used the guidance of the 2006 OFT Report and Martin Lewis calculator and enclose a list of charges together with the 8% statutory interest which would be applied should the matter proceed to court.

I therefore look forward to receiving the sum of £XXX at your earliest convenience and would be pleased if you could deal with this as a matter of urgency as I am currently in financial hardship and in receipt of benefits. I enclose a copy of my bank statement to this effect.

Yours faithfully

I expect I've missed some important information out - perhaps someone could enlighten me !

OK you did not calculate interest in restitution.

Find the corect spread sheet from here

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

Use their interest rate on the premiums.

Then let us know how much the charges come to and the interest in restitution.

Then you can start the reclaiming process by sending a letter before action which you can draft by looking at other won threads and then post here.

this thread may be worth a read through. Although a different bank, the process and laws should be the same or similar

http://www.consumeractiongroup.co.uk/forum/showthread.php?423713-Barclaycard-Link

Also there are other "Maybe won" threads you can use for information.

Thank you Sabresheep for your kind help here. I really appreciate it. I will let you know what happens.

As a side note the CO OP have lost a large number of credit agreements have you applied for a CCA yet?

What on earth is a CCA?

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

If they cannot provide a cca for accounts before 2007 their ability to enforce in court is restricted.

No CCA/Non compliant reconditioned cca = no pay

Why is their ability to enforce in court restricted? Surely, having a copy of the statements and charged applied is enough?

read up on Marey Carey Vs HSBC

I've googled this and there's nothing - the link doesn't work either

use search cag read bar middle

Basically the court said if they cannot get the correct paperwork for the account, then they cant enforce in court. Doesnt matter if they have the statement. They need the original application form, original terms and conditions and all changes until account termination. As others have said, they have 'lost' a lot of paperwork so they couldnt enforce a lot of accounts.

However, that wont matter to you. you just want the charges back.

Thank you for that. Now that you've mentioned that case however, I'd really like to read it. Could I trouble you to send me a link or something?

Although that was a landmark case, I am better placed to have a cause of action because at the time, I was in financial hardship as a single mother and student (a law student at that and what a waste of money THAT was!) - I am also relying on the unfair contract terms inter alia - I will keep you posted as I am getting better at this every day - working out that if I get all the money back I have been deprived of since my niaive days from mis-sold mortgages, bank charges, PPI and the like, I will, at last, be able to buy a permanent home for my family and I haven't even included 18 years non-payment of child support from the absent father !