Credit Card claims

[animal_lover]

I read somewhere on this site recently that Bank Charges can be claimed further than 6 years because of the current test case. And was wondering if the claims for Credit Card Charges where still at 6 years or can you go further back than that.

 

Thanks

[Hopeful1]

Hi Animal Lover.

 

Can you remember where you saw that?

 

I know some people have managed to claim back beyond 6 years if they've had the data. The trouble is, companies are only obliged to keep info up to 6 years ago.

[animal_lover]

Hi Hopeful1,

 

No i can't remember where i saw it, it was a couple of weeks ago and i don't have a very good memory

 

I'm asking for my Dad as he hasn't started reclaiming any of his charges, so i said i'd help him. Luckily he has kept all statements from whatever date he opened the accounts apart from the odd one or two.

 

So would it be worth trying to claim back more than 6 years

[keytar]

Hi animal_lover,

 

I'd like to know this too. I've just got to the point where I'm expecting a hearing date and I've also just recieved an offer for half of the claim - which I've rejected. Some of the charges I'm claiming are beyond 6 years and the credit card issuer has pointed this out. This is the only post I can find about it:

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/81799-issues-raised-llloyds-bank.html

 

So I have sent them a copy of the OFT document (as well as to the court) pointing out this paragraph and I'll see what happens.

[Hopeful1]

Hi animal_lover. I would say it is certainly worth trying to reclaim charges. As i said, some have done so successfully. You just need to be aware that if they say they don't have docs that could be true as they only have to keep them for 6 years.

 

The link Keytar has posted is useful, but i would like to confirm this is still relevant as it was posted a while ago. It could be useful info though.

[keytar]

I'm still not quite sure about this, but Abbey (Cahoot Credit Card) also referenced this document that the post refers to. ("Calculating fair default charges in credit card contracts" by the OFT 2006). Their letter told me that charges of £12 had been "recommended" by the OFT which I thought was really cheeky and definitely a distortion of what this document says. It consistently says that the OFT has decided to expend resources on taking legal action against credit card issuers with charges set above £12, and that only a court can decide what is fair even if the charges are below this level. If they refer to the document then it must be current.

 

There is paragraph at toward end about Disguised Penalties, and if a court where to find a bank has done this then they would be in trouble. As I understand it from Bankfodders post, disguising a penalty must amount to a concealment and therefore they lose the protection of the Limitation Act, and anyone can claim beyond 6 years.

 

That is just my understanding from what I have read on this site.