Jump to content


  • Tweets

  • Posts

    • should I?  - I figured maybe back log.  I will give them a call then - it's almost 4 months tbf
    • Do you have historical meter readings from before the meters were changed? And more recent history showing consumption, in metered units not in £s,  since the change. One specific thing to check is gas. Check that the meter and the bill use the same units. If the meter is recording cu.m but they're billing as if it was counting 100 cu.ft, then your bill will be nearly three times too high.  Overall I'm guessing it's an Ovo screw up. It's significant that they didn't block the transfer, maybe they aren't so sure of their position.
    • Hmmm, interesting point. In my career, that I am retired from now, there were an immense amount of rules and regulations that one had to adhere to by law. The qualification process is rigorous with on going assessments throughout your career and re-certification every 12 months. If you were shown to be not competent in those rules and regulations you could not hold the position and the operational consequences of that could potentially be dire. In the same respect, perhaps a judge who is not conversant in the rules of POFA should not sit in on cases that requires proficiency in that area? I also bow to your considerable knowledge in this area, perhaps I shouldn't be commenting but by doing so I find it helps the learning process. Your last point has just reminded me of something that may help my case, thank you.
    • Just had an email re the my breache in agreement by her rep.   I asked you yesterday if they had asked about her name in the thread being removed.   The issue they have is the Elizabeth turner and genetic pups entry on google.   they knew I did not put it up and told them so in court.  I dnt know how to post on google.   I told them I cannot remove what I did not post.  when i come back here and saw her name gone from threads title, I presumed her reps sought it.   now I get an email saying her names still on google ur breaching the agreement as it’s still on google.  
    • Peter McCormack says "ambition is big" and Real Bedford's attendances are increasing with promotions.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Particulars of claim needed - credit card reclaiming


zubo
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1870 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

hi all

I am working through my PPI claims and noticed quite a few late charges, overlimit charges some from 2001

is there a process on cag to follow?

do i claim the £12 charges ... many are over this..

i want to claim compound interest ... what % should i use??

thanks for any pointers

zubo

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

  • Replies 51
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

TBH its very difficult to get back penalty charges outside of 6yrs now.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

i guess its understandable... however.... my arguments are quite strong.... i had a LOT of credit card debt in 2001-4 ... then lost my job and had no money to pay... every day dca etc were chasing me harassing ... so i desperately would try to avoid talking to them and banks... and was unaware until i started my ppi clains that i had been charged unfair charges... this was the first time i understood that these charges were unfair,

 

so i will try to claim

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

hi all

ive been reading this thread on excessive charges,,

https://www.consumeractiongroup.co.uk/forum/showthread.php?423713-Barclaycard-penalty-charges-(probably)-**WON**-with-restitutionary-interest

the suggestion is to use 24.9% ... my question is how has this been determined?

thanks

zubo

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

are you claiming against Barclaycard then?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I have a number of banks I will be claiming against...

CAPITAL oNE

MBNA

AMEX

HALIFAX

BARCLAYCARD

SANTANDER

ONE OTHER..

 

I assume that the rate varies by each of these?

 

If so how do I calculate the rate??

 

thanks

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

24.9 only on barclacvard

 

the others use their int rate.

but you can only charge that until they stopped charging int or you paid the card off from then on it should be flat 8%

using the statint sheet

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi all

just read this thread https://www.consumeractiongroup.co.uk/forum/showthread.php?354380-MBNA-Charges-refused&p=4584652#post4584652

so i ran into serious financial problems...

I stopped all repayments on a dozen cards...

I fought long battles using CCA and despite a lot of hassle 14 years later nobody bothers me.

But I am working through my PPI and noticed that i can reclaim penalty charges ... but through court...

however the case above makes me wonder if that judge decision will always be repeated or if there is a counter argument.

anybody advise please

thanks

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

This is a very vague question. I think you need to set out in far more detail what it is you are trying to do – against who

Link to post
Share on other sites

even if it does

it doesn't create a precedence

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

If your debts have been assigned the above thread is irrelevant.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

thanks everyone.

Bankfodder let me give you one example:

I had a Virgin Credit Card... by 2006 I stopped payments because I lost my job at that time I owed about £2600.

I will have to trawl through the correspondence but MBNA paid up on the PPI so Im guessing it was assigned to them or maybe they were the OC all along.

During 2004/5 they posted 12 lots of £25 overlimit or late charges... then later a few £12 late charges. I thought I read somewhere that you reclaim all these including £12.

Does my claim stand a chance in court and what interest rate should i use on the compound spreadsheet?

thanks

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

You should certainly claim all charges which were levied at more than £12.00. In respect of those, you claim the lot. Not merely the difference between the charge and the £12

Link to post
Share on other sites

Did you actually pay these charges, Or do they form part of an outstanding balance which has run to statute barred ?

 

yes, i continued paying them on two credit card accounts regardless of charges they were posting so i feel justified in reclaiming these. MBNA sent me some tiny text to show the interest they use... i'm going to use 13.2%

 

thanks

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

DX ... thanks for the reply and link... that is a huge thread....

being a simple soul i used the interest charged £56 on a balance of £2700 to arrive at monthly interest of 2.074 ... using converters here http://www.stoozing.com/calculator/apr-rate-converter.php

to arrive at 27.93 as compounded APR....

does this make sense?

thanks

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

hi all

In 2004 I got into an awful mess owing a lot of money.. i simply sunk under debt.. all my fault .

. i stopped paying everyone ... about a dozen companies.. surprisingly, because i argued the agreements were unlawful and individually the debts were small compared with others I was never taken to court

... i had a lot of hassle from debt recovery companies for seven years or so but i avoided payment: Im not proud of that fact quite the opposite Im ashamed.

understandably I ignored all this ppi stuff because i didnt deserve it...

however ... i have now began reclaiming my ppi to try to bolster my poor savings... its tough just surviving on a state pension...

examining the statements i can see all these excessive overlimit or late payment charges in excess of £12 i paid back then... and would like to claim them back...

i did a lot of research on Restitution some time ago and seemed to recall a test case where the claimant argued that he was unaware that he was owed money until recently and so the six year rule only applies once he is aware.

I would appreciate any advice whether others had used the same logic and arguments

thanks

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Please can you tell us the dates of the charges and the amounts. How many were there which were more than £12?

Link to post
Share on other sites

3 threads merged.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

thanks dx

bankfodder see the attached spreadsheet..

. £200 but so old that at MBNA compound interest rate is in excess of the outdtanding debt which was sold off or written off

should i start an lba ... is there a chance of this in court??

9729chargesCISheet v101.xls

on another site someone said the rules here https://www.handbook.fca.org.uk/handbook/DISP/2/8.html regarding time limits are not allowed to vary....

do these have any bearing on court cases brought??

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Yes

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

threads merged

it is all related to IF charges can be reclaimed outside of 6YRS.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 1 month later...

Hi all

in particular dx100uk please

I take your point on trying to recover charges older than 6 years however.... consider this argument from case law:

5. The general rules for limitation of actions in tort and contract are contained in ss.2 and 5 of the Limitation Act 1980.

2. An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.

5. An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

6. Ms Williams's claim against FP & H may sound in tort or in contract or in both.

If the general rules apply the limitation period began to run when the cause of action accrued.

In some cases there can be difficult questions about when a cause of action accrued, but not in this case.

As I have already said, it is agreed that Ms Williams's cause of action accrued on 25 August 1994.

7. There are exceptions to the general rules. The exceptions which matter in this case are contained in s.32. I will set out most of subsection (1) and the whole of subsection (2). As regards s.32(1) it will be seen that it contains three paragraphs. I reproduce all three of them, but it should be noted that the one which is specifically in point in this case is paragraph (b).

32 (1) … where in the case of any action for which a period of limitation is prescribed by this Act, either –

(a) the action is based upon the fraud of the defendant, or

(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant, or

© the action is for relief from the consequences of a mistake,

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. …

so my ituation is

c) relief of consequences of a mistake:

my mistake in not realizing that late and overlimit charges were excessive and unlawful.

The cause of action and associated time limitation starts when you discover the mistake... ie NOW.

comments are welcome....

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...