can you claim charges on catalogues

[loobyloo35]

Hi

 

Are you able to claim back charges made on catalogues?

 

I have a debt with Empire Stores with various £12 over limit and late payment charges which I am disputing and I wondered if I could get them refunded in the same way you can with credit card and banks etc?

 

Would I need to SAR them or as I have a current complaint with them can I write to them and ask them for all the charges and dates made on the account?

 

Thanks LL

[spamheed]

Unless this charge is specifically laid out in the terms and conditions that you signed, then the charge is unlawful and unenforceable.

 

You should CCA them, the terms and conditions of the account should be sent to you as part of the cca, they should lay out any charges you are liable for.

 

The key to refunding charges is that it is unfair to apply a charge which is punitive in nature, for a charge to be punitive it should be greater than the actual costs incurred.

 

In other words if the catalogue company insist that it actually costs them £12 every time you go over your limit and can justify it by providing a breakdown of these costs, then the charge is lawful, if not then the charge is unlawful.

 

If the large multinational banks are unable (to date) to justify a £12 charge, then i dont think a snotty catalogue company will be able to

[loobyloo35]

Unless this charge is specifically laid out in the terms and conditions that you signed, then the charge is unlawful and unenforceable.

 

You should CCA them, the terms and conditions of the account should be sent to you as part of the cca, they should lay out any charges you are liable for.

 

The key to refunding charges is that it is unfair to apply a charge which is punitive in nature, for a charge to be punitive it should be greater than the actual costs incurred.

 

In other words if the catalogue company insist that it actually costs them £12 every time you go over your limit and can justify it by providing a breakdown of these costs, then the charge is lawful, if not then the charge is unlawful.

 

If the large multinational banks are unable (to date) to justify a £12 charge, then i dont think a snotty catalogue company will be able to

 

Thanks for your email.

 

They have already confirmed they do not have a valid copy of the CCA as I have already been down that road.

 

I have a current complaint going on with them at the moment as they are still sending me statements even though they cannot chase the debt and they are still adding £12 each month.

 

The balance that is owed is made up of charges and I would need a list of these charges.

 

They have asked me to SAR request them and send a payment of £10 - nothing to do with the fact they want a copy of my signature I wonder!

[twofoot]

I'm sure you will give them your signature won't you, even if it is completely different to your normal one.

[loobyloo35]

I'm sure you will give them your signature won't you, even if it is completely different to your normal one.

 

The cheque wouldnt clear though would it if I did that LOL

[spamheed]

There is no statute which states that you must sign your letters, neither that you should use a chq.

 

Send your letter unsigned or with a completely non standard signature and attach a postal order.

 

If they can't enforce the debt by way of a CCA, then it really doesn't matter what charges they apply to the account.

[loobyloo35]

There is no statute which states that you must sign your letters, neither that you should use a chq.

 

Send your letter unsigned or with a completely non standard signature and attach a postal order.

 

If they can't enforce the debt by way of a CCA, then it really doesn't matter what charges they apply to the account.

 

 

I never sign the letters or post RD to be honest and always send a postal order.

 

I know they do not have a CCA for this debt BUT the debt is showing on my credit file, not in a bad way (at the moment) as they have not updated it since Jan this year when it has been in dispute.

 

I just don't want them adding to it and making it worse which is why I want to get it sorted out and cleared off my credit file if you get my drift

[spamheed]

Take a look at the bank charges section of this site, the principles of making a claim are pretty much the same,

 

send them SAR, calculate how much they have applied in charges.

send them letter requesting repayment (they will refuse)

send them letter before action (this may be sufficient and they may even make you an offer)

Post a claim with the county court - they may concede before, during, or on the date of the court case, or they may make you a part offer, If they offer to settle in full, you are obliged to accept, but you do not have to accept any amount less than that.

 

They receive lots of complaints and claims, many of them will not be followed through and they know it, so they will act as if they'll be defending and will take it to the wire befoere they concede. You have to follow through with your threat to sue them, you will be able to reclaim your costs from them in any way, so don't fret unduly

[loobyloo35]

Take a look at the bank charges section of this site, the principles of making a claim are pretty much the same,

 

send them SAR, calculate how much they have applied in charges.

send them letter requesting repayment (they will refuse)

send them letter before action (this may be sufficient and they may even make you an offer)

Post a claim with the county court - they may concede before, during, or on the date of the court case, or they may make you a part offer, If they offer to settle in full, you are obliged to accept, but you do not have to accept any amount less than that.

 

They receive lots of complaints and claims, many of them will not be followed through and they know it, so they will act as if they'll be defending and will take it to the wire befoere they concede. You have to follow through with your threat to sue them, you will be able to reclaim your costs from them in any way, so don't fret unduly

 

Thats great thanks.

 

I have sent a letter a letter today requesting these charges and dates so that I can put in a claim - I guess they will know what I am up to!

 

I am in the process of doing the same with Crap One so hopefully it wont get to court stage, but hey ho if it does then BRING IT ON!

[Bookworm]

If you have your account online, did you know you can get 12 mths of statements there? That would get you started at least while you wait for the rest. ;-)

[loobyloo35]

If you have your account online, did you know you can get 12 mths of statements there? That would get you started at least while you wait for the rest. ;-)

 

I did have an online account but assume that now because its been passed to a DCA or part of their collection department that it is no longer accessible = good thought though