Help with reclaiming charges on a credit card

[berrylover]

Ok. So I did the CCA thing with Bank of Scotland Visa Card, went round in circles involving Barmy, Orrible and Stupid Collections, heard nothing since January now regarding the account. Obviously no CCA, they tried to fob me off with an application form but I told them what's what.

 

So I am claiming back the unfair charges on the account and stated that I did not want the refund to be put on the account but to be sent as a cheque to me. They reckon that they are not unfair, despite the 2006 OFT ruling, but said in this instance that they would refund the amount back onto the account.

 

As they cannot prove the account is valid, can I insist on the refund in the form of a cheque? And could anyone help me with a letter to send to them?

[berrylover]

Anyone? Bump

[berrylover]

No-one?

[yourbank]

No I would say because if you don't acknowledge the existence of the account then you do not acknowledge the existence of the charges, does that make sense? You would be, I would suggest, having your cake and eating it

[maroondevo52]

Hi,

 

Think it's either one or the other, regarding the CCA or charges refund.

 

Trying to get back charges when there is no CCA could be looked on as false enrichment by the courts.

 

Regards.

 

Scott.

[slick132]

Just to add my 2p's worth.........

 

I see the two issues as entirely separate.

 

The a/c may be enforceable if there is a valid agreement and a court rules to confirm this. Or it may rule that the a/c is unenforceable, if no credit agreement is produced, or such agreement doesn't contain the Prescribed Terms as required by the CCA 1974.

 

Any penalty charges on the a/c are unlawful and should be reclaimed. If you write seeking a refund, the CCard Co may choose to promptly refund charges to the a/c direct. This is what has happened with your a/c and I doubt you can do much about it.

 

However, if they fail to refund in response to your LBA and you file a claim at court, you can insist on a refund by cheque. If, during negotiations, the CCard Co refuse to do this, you can continue with your claim and seek a judgement in court.

 

This would involve preparing court bundle and other evidence which some may find off-putting for the penalty charges involved.

 

But, if you are claiming Contractual Interest, you would have to deal with a court bundle, etc in any event.

Edited July 28, 2009 by slick132

[exasperated]

subbing