Belmont Thornton Contract Issues - Reclaming Credit Card Charges

[CHEETS 1960]

My wife has used Belmont Thornton to try and recover charges on her credit card account.

The card issuer has in the first instance refused to deal with a third party and has subsequently made an offer to her.

There is a cluase in the Belmont Thornton contract which states :

3.6 if this agreement is terminated by the client for any reason, pay Belmont Thornton either £500 plus vat (cancellation fee) or, if the claim has already been submitted by Belmont Thornton and Belmont Thornton proceeds with the claim and the claim is successful, the fee or the cancellation fee, which ever is greater.

 

3.7 if the client terminates the agreement and Belmont Thornton proceeds with the claim, if the claim is unsuccessful and no compensation is payable to the client, the client will not be liable to pat the said sum of £500 plus vat referred to in clause 3.6 above or any monies whatsoever in respect of the cliam, and

 

3.8 for the avoidance of doubt not be liable for any charge in respect of the claim if the claim is pursued and the company pays no compensation.

 

The question I obviously have is, is she liable to pay Belmont Thornton any fees?

Should she accept the offer from the card issuer or push for more?

Edited July 1, 2010 by CHEETS 1960

[CHEETS 1960]

Posted twice yesterday and no replies so here goes again.

 

Wife has used a company to try and reclaim charges etc from card issuer. Card issuer won't deal with the company but the company might/will charge for services.

Question is, should she accept offer from card issuer or push for more and is she liable to pay the fees to the company?

Would welcome and appreciate a reply as clock is ticking with both.

 

Thanks.

[maroondevo52]

Hi,

 

I've merged your other threads and unapproved the duplicate.

 

What was the offer from the Card company and did she sign anything with the reclaim folk.

 

How many letters did she write to the Card company, and who are they.

 

Regards.

 

Scott.

[CHEETS 1960]

Thanks for the reply Scott,

Card issuer has offered £603.94 for quote "a refund of default charges and in order to resolve"

They have also offered not to incur any of the following charges on the account:

Late payment charge,

Over limit charge,

Return payment charge,

Returned credit card cheque charge

Tracing charge.

 

Card issuer is Vanquis.

 

No letters written. She signed an authorisation for the company to pursue the claim on her behalf.

[maroondevo52]

Is this the total amount you claimed ?

[CHEETS 1960]

Have know idea as the claim was lodged by the company.

All paper records were ditched sometime ago but as I pay this account I feel there's more to come than this. What'sthe situation with interest incurred?

[maroondevo52]

I know with my claims against Credit Card companies, I was paid the judical 8%

Also claimed all over limit fee and Late Payment Fee.

 

I'm not too clued up on Contractual Law, so not sure how to advise you on that score.

 

The £500 + vat sounds very steep, in comparision to what they have offered.

 

You could always spend a £10 and send a Subject Access Request to Vanquis, this would let you know the score regarding how much you could claim.

 

Regarding the contract, I'll have a look around see if I can find anything.

[CHEETS 1960]

Thanks again for the reply.

 

Judicial 8%....what's this then?

[maroondevo52]

When you file a Court claim, you can charge the 8%.

[lloyd44]

For goodness sake do not trust Belmont Thornton. They are the biggest (Edit) in town. They will (Edit) for doing nothing

Edited August 2, 2011 by maroondevo52
Removed unsuitable wording

[kurvaface]

I agree with lloyd44....

 

check out the reviews the compnay gets...I've not see a single good one and all of them suggest the company is misleading and unscrupulous!