good luck Daz...not long to go now

ok, finally sent my LBA off. Wasn't happy about the previous one, so kept redrafting. I'm still not 100%, but what the hell, they probably won't read it anyway

Used to bank with Abbey before switching over to Halifax about 4 years ago. I don't really remember getting too many charges from them, but just checking through my file my ex girlfriend (bless her) used to file my statements away and although there's some missing, there are a few charges in June 2000, so presumably some more amongst the missing statements (useless ex).

My question is, can I reclaim the charges that were imposed in June 2000 as it's over 6 years ago? If so, I'll send an SAR off to try to get all my statements back.

Thanks in advance

ok guys...just trawling through these statements and putting what I've got onto the computer, but there's a regular charge for B CARD FAP which seems to vary from month to month. Does anybody know what this could be?

Cheers

surprisingly really quickly, posted it on the 5th, they received on the 6th and I got the list of charges on the 23rd

bet they're not quite as quick to pay out though

congratulations rouge and just to echo what the others said about bill

panic over, i received my statements this morning from June 2004 with a letter saying the rest will follow in up to 6 weeks. I've got a couple going through, so don't mind waiting a while, but I'll give it a couple of weeks and chase them up for the remainder. I'm assuming these should still be here within the 40 days

got my charges through, was only 5 charges (thought it was more than that, but then again, I did used to pay by direct debit)

still should be a couple of hundred quid by the time I add on the interest.

good luck Doo, seems like you're finally getting there

not having much luck with these court claims are you son? I'll be catching up at this rate....well, actually, probably not!

it costs money to cancel a cheque too, doesn't it? Have to make sure I send them in recorded post.

quick edit (thanks sonja), does this look better?

Dear Mr Udy

Thank you for your letter of 15th March 2007. I respectfully decline your offer and would therefore ask you to reverse the credit that has been placed on my account and once again, request that you refund all charges and interest imposed on this account, totalling £1,141.91.

I feel that you may have misconstrued the ruling made by the Office of Fair Trading; at no point did they decide that £12 per charge was a “fair amount”, merely the amount that could be imposed before they would intervene. Your charges still need to be a fair reflection of the costs that you have incurred, if £12 is indeed a fair reflection of these costs then I will need you to provide a full breakdown of how these are accrued. With this in mind, I now understand that the regime of 'fees' which you have been applying to my account in relation to exceeding credit limit, late payments and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I calculate that you have taken £390 in charges, plus I am claiming a further £751.91 in contractual interest (compounded daily) at a rate of 21.99% APR thus being the interest that is currently applied to my account. This interest is claimed on the basis of consumer contract legislation, which provides that where a contract has not been individually negotiated, the party dealing with the consumer cannot insert advantageous terms into contracts where there is no comparable term in favour of the consumer. I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 3rd March 2007.

I require repayment in full of this money and, if you do not comply fully within 14 days (5th April 2007) then I shall begin a claim against you for the full amount plus my costs and without further notice.

Yours faithfully,

Brad

cheers sonja, i'll quickly edit my letter and pop it in the post tomorrow.

good luck Sarah, I've just tagged onto your thread out of curiousity.

My charges are (thankfully) only 5 years, but I'm claiming contractual at 21.99%, so it'd be good to see how they play these things.

Cheers

Hi Sonja, that's not good news...hopefully you had a good break and it won't delay things TOO long. Funnily enough, I've got to start on Halifax Credit Card too, should be fun & games. Would you mind casting your eyes over this letter I've drafted when you get a chance and letting me know your thoughts please?

Cheers

Executive Office

Capital One Bank (Europe) PLC

PO Box 5281

Nottingham

NG2 3HX

20th March 2007

LETTER BEFORE ACTION

Dear Mr Udy,

ACCOUNT NUMBER: xxxxxxxxxxxx

Thank you for your letter of 15th March 2007. I respectfully decline your offer and request, once again that you refund all charges and interest imposed on this account, totalling £1,141.91. I feel that you may have misconstrued the ruling made by the Office of Fair Trading; at no point did they decide that £12 per charge was a “fair amount”, merely the amount that could be imposed before they would intervene. Your charges still need to be a fair reflection of the costs that you have incurred, if £12 is indeed a fair reflection of these costs then I would need you to provide a full breakdown of how these costs are accrued.

.

I now understand that the regime of 'fees' which you have been applying to my account in relation to exceeding credit limit, late payments and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I calculate that you have taken £390 in charges plus a further £751.91 in compound contractual interest at your current purchase rate of 21.99%. I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 3rd March 2007.

I require repayment in full of this money and, if you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus my costs and without further notice.

Yours faithfully,

Bradley Smith

cheers Doo, just trying to work out the best way to reply to their kind offer.

sure i'll think of something "suitable"

no excuse...sodding off on holiday when I need answers...sheesh...some people!!!!

that's what I was thinking Sonja, I'll knock up a quick letter later and post it up here for your perusal if that's ok?

Cheers

doo...you must be psychic...received the standard letter yesterday informing me that they've refunded £172 to my credit card (which incidentally will take it below zero). I don't use the card at all, so can't be accused of using the money, but should I still accept this as partial payment?

If so, do I just work out the new total including contractual interest (would be about £1,170) and just take the £172 off the final amount? Sorry to ask questions that have no doubt been covered, but I couldn't see an exact answer to this.

Cheers in advance for your help

Confused of Essex

ha ha nice result paul

nicely done paul...congrats again mate

obviously, they don't charge you £78.50 to take money from a cash machine (though I'm sure they would if they could). I think it's something like £1.50 per time or summat like that....

you can claim back the overlimit charges, late payment & returned payment charges.

unfortunately, as far as I'm aware the £78.50 is cost they charge you to take money from a cash machine and isn't recoverable

congratulations Paul, enjoy the money

I'm just starting out against Barclaycard, so reading your thread is something of an inspiration.

*gulp*

good luck paul

good luck Paul

just subscribed to your thread....looks like you've got them seriously rattled.

nicely done

congratulations slh

enjoy the money

p.s. don't inform the court that it's settled until you've got the cheque and it's cleared