Credit Card Penalty Charges Reclaim

[Womble68]

Hi All,

 

I was just wondering what peoples general views were in relation to reclaiming credit card penalty charges.

 

I have in the past summer 2011 successfully reclaimed charges from Barclaycard on two account which was offset against the card balance almost wiping it out. I have been reading recently though some options regarding the ability to claim back charges older than six years.

 

Is a claim for charges earlier than 2006 & greater than £12 still likely to be successful or have people experienced banks successfully using the limitation act claim to end such a claim. Similarly would a claim for charges from 2006 involve the claimant proving they are unfair or the financial institution disproving the claim to prove that they are fair? since the OFT didn't say that £12 was a point that they were fair just a point that they would not take action against the banks.

 

If you have previously written to reclaim charges but have still been in dispute would the six year limit start from when a complaint was first Lodged for instance a claim in say 2008 would still allow charges to be claimed back to 2002 even now? and how likely is a claim for the refund of charges applied to an account that was in dispute due to admitted miss sold PPI, the account had a balance of £700 & the PPI was eventually settled for substantially more than this meaning that the account balance consisted solely of the PPI charges & interest along with the late payment charges applied upon them.

 

I was just interest & would be grateful to read peoples general views on the subject of charges reclaim success.

Edited March 17, 2013 by Womble68

[ims21]

Hi

 

You say you have had two successful claims. If you signed to say that this was in full and final settlement of your dispute then you would be hard pressed to re-open the issue in my view.

 

In general, if you are going to mount a claim for charges over six years old you would rely on S32(1)© Limitations Act, payments made under a mistake.

 

The OFT did not say that a £12 was fair...they said that they would not investigate charges of £12 or less and that only a court could decide if they were fair.

 

If a claim is lodged and not resolved, then that claim is still ongoing and the initial date of claim still stands. S(32)© still helps here as well.

 

If PPI is involved then the major point is that you should be put back in the position you would have been in had the PPI not been applied in the first place. Any charges and associated interest that arose purley as a result of the PPI should be refunded as part of that PPI claim.

 

There are many success examples for charges reclaims on the forum...have a read around the bank section to get up to speed on these.

[Womble68]

Thanks for your reply ims21 it's much appreciated my apologies for the delay in responding but I've just suffered a family death so my mind hasn't really been on this for the past couple of weeks.

 

You confirmed everything that I thought thanks so I will now prepare the paperwork & file a case in court & see how it goes.

 

Thanks again.

[Womble68]

Hi,

 

Thanks for you earlier input ims21 it is much appreciated.I have one more question regarding the limitation Act.

 

I made my first complaint regarding these particular charges in on 28 February 2009 and the earliest charge that I am reclaiming is 25 February 2003 so only just out of the six years, I am aware that for charges over six years old I need to rely on S32(1)© Limitations Act, in relation to payments made under a mistake. My question is is it worth mentioning the Limitation Act & this section in particular in the particulars of claim.

 

The reason I ask is that I have previously had Santander attempt to defend a whole claim based on the Limitation Act & the fact that the damage occurred when they added the charges. A hearing was set to hear just the limitation defence although they backed down at the last minute & the court allowed them to file a new defence which basically admitted everything so I won. The reason that i ask is that although I won there action to used the Limitation Act managed to delay their final payout for over 18 month 8 months alone on the initial limitation defence & trial date before a judgement was made in my favour without trial.

 

Thanks again for your help.

[ims21]

Hi

 

the POC should mention that you are claiming repayment of charges older than the normal 6 years by virtue of s32 (1)c Limitation Act 1980 as per the case of Kleinwort Benson v Lincoln City Council.

[Womble68]

Thanks for your fast response & the information that you have given me I'll update my POC now to include that section. Is there any particular section of the POC that I should place the claim in?

[ims21]

Have a read of post #62 onwards here...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**/page4

 

It should provide you with some very good information in general for your PoC

[Womble68]

Thanks your a star, I have almost completed my POC based on a template in the library & one that I used earlier against Barclaycard, I've been reading various posts here regarding the POC, Limitation Act & restitution & completely missed the one you linked to.

 

Thanks again that's been most helpful.

[Womble68]

Just a quick question that regarding filing.

 

I have prepared my POC & now plan to file it but just wanted to check who to file it against. The card is a Halifax card so it comes under the HBOS brand as part of the Lloyds TSB Group. However I believe that Bank of Scotland Plc & therefore Halifax operate under a separate FSA authorisation & banking license to Lloyds TSB so do I file against Bank of Scotland Plc trading as Halifax?

 

Thanks in advance.

[Womble68]

Does anyone have any idea of what to add to a standard charges POC for an account that was subject to PPI. The PPI claim has been before the court & was settled & the final settlement was substantially greater than the outstanding balance.

 

I was thinking of a line somewhere close to the start along the lines of :-

 

5. At all material times the account was subject to charges applied by the defendant as the result of a miss sold PPI policy & to interest applied on these charges. The matter of the miss sold PPI was previously settled with a settlement that exceeded the balance of the account. Meaning that the balance at the time of the charges was made up entirely of the miss sold PPI charges & the interest which the defendant applied on those charges.