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Do I have the grounds to claim back charges under "hardship"


helpneeded123
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Dear All,

 

I am in debt to my knees! I am stupid I know. I am wondering do I have the grounds to claim back bank and credit card charges under hardship as all both my credit cards Captial One and Barclaycard and Lloyds TSB current account have had the following on consistent multiple occasions:

 

Payments regularly returned. Your payments regularly get returned unpaid as you don't have enough money in your account

 

Frequently over overdraft limit. You frequently go over your overdraft limit. In earlier incarnations of hardship rules this was explained as having more than £500 of charges a year – so that seems a good benchmark I think my charges are less than this per year, but consistently in OD

 

Bank charges have hurt your situation. The charges have contributed to making your financial hardship situation materially worse How would I prove this?

 

Can the above be applied for Shop Direct Group Littlewoods / Very?

 

I am taking out a loan under my family members name to clear the above debts which are counting up too!

 

Thanks for your advise and support!

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Also from the lending code found here, lendingstandardsboard.org.uk/docs/lendingcode.pdf

 

I have found I am suffering the following:

 

Iems repeatedly being returned unpaid due to lack of available funds;

Regular requests for increased borrowing or repeated rescheduling of debts;

 Repeatedly exceeding a credit card or overdraft limit without agreement;

the customer goes overdrawn without agreement;

the customer goes over their agreed overdraft limit, especially more than once;

 

 

 

Thanks again guys!

 

I have found I am suffering the following:

 

Iems repeatedly being returned unpaid due to lack of available funds;

Regular requests for increased borrowing or repeated rescheduling of debts;

 Repeatedly exceeding a credit card or overdraft limit without agreement;

the customer goes overdrawn without agreement;

the customer goes over their agreed overdraft limit, especially more than once;

 

 

 

Thanks again guys!

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Hi and welcome to CAG.

 

STOP!

 

DO NOT take out anymore credit, you CANNOT pay of a debt by taking out more debt so STOP!!

 

Sort out all of your debts, what they are, how much is owed, and how old the accounts are.

YES you can reclaim ALL of the charges, including interest at their rate, on all of the accounts using the hardship rules.

 

List all of your debts please, the amounts, and how old they are and current repayment plans.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi and welcome to CAG.

 

STOP!

 

DO NOT take out anymore credit, you CANNOT pay of a debt by taking out more debt so STOP!!

 

Sort out all of your debts, what they are, how much is owed, and how old the accounts are.

YES you can reclaim ALL of the charges, including interest at their rate, on all of the accounts using the hardship rules.

 

List all of your debts please, the amounts, and how old they are and current repayment plans.

 

WOW! Your so helpful and you actually care!!!!

 

Shop Direct Group £2,000 - Need to speak to them about an arrangement, but 50% of this debt is from late payment, and miss payments

Captial One Finance - £360 defaulted now Cougar debt collections was going to pay back with loan

Barclaycard Finance - £450 defaulted now Mercers debt collections was going to pay back with a loan

eBay - £130 with iQor debt collection agency was going to pay back with loan

Lloyds TSB - £230 paying £20 per month

Elephant Car Insurance - £1500 paying back with loan

 

 

NDR / Shop Direct are aware I cant pay for a while and they are still banging late payment fees!

 

I am taking out a £5,000 loan with £99 repayment plan and a total of interest of £1,000 I am going into a new job so I can manage this and it will take all the stress away.

 

I feel like the above companies apart from Elephant Car Insurance have taken advantage of my situation yes I know its still my fault.

 

You think I should apply and move forward?

 

I know in total with all the fees I have paid it will be about £2000 roughly.

 

BUT - Thank you, you seem to care and want to help me. God Bless you.

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OK, there are going to be a ton of reclaimable fees and charges you can reclaim,

Shop Direct is a non priority debt, and if 50% of this is late payment fees/charges then these can be reclaimed, when you speak to them, YOU take control, and YOU only discuss financial issues via letter, NEVER discuss these debts with any of them over the phone.

 

Cap one & Sharklaycard (Mercers IS sharklaycard) again charges can be reclaimed and are non priority debts.

 

Ebay/iQor you can ignore completely for the time being, tell us the story of this? (they never do court)

 

And what is the story with the car ins?

 

It is not a good idea to take out more debt to pay off a debt, but only you can make that decision, I'm not in your shoes, but I would definitely reclaim everything possible off all of these accounts first before paying them off.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I also need to pay my insurance company £1,500 for insurance excess + £1,500 for insurance for my car, policy taken out but not paid yet. I need my car for work, without it I cannot work or get paid. I am in discussion with them ATM for a monthly option. Had a hit and run accident and as its voluntary excess I need to pay the excess even though it was not my fault.

 

I have written the letter where I have enclosed £10 for each of my creditors.

 

I am very worried about claiming, if I have to go to a small claims court, do I have to pay for the lawyer etc?

 

--

 

With regards to the loan, I thought if I take out the £5,000 loan I can repay all creditors, and then with the money I claim back I can afford to pay the loan back quicker?

 

---

 

I also owe payday loan companies:

 

Pounds2Pocket now refereed to Mackenzie Hall Debt collection of £1,300 - £300 finance charges Very worried about this one

Wonga - £500 interest frozen, its been about 6 months

QuickQuid - £300 interest frozen, its been 3 months.

 

I feel so embarrassed writing this.

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Don't feel embarrassed, most of us on here have at one time or another or even still are, in debt.

 

You should reclaim ALL of the charges and fees before you pay them off, they will be unlikely to refund you once they have got their ill gotten gains.

 

P2P with Muckyhall, DO NOT pay Muckhall, unless they actually own the debt, then pay P2P direct.

 

Have you been in touch with the MIB (motorist insurance bureau) regarding the hit & run? Do you have a police crime number?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Don't feel embarrassed, most of us on here have at one time or another or even still are, in debt.

 

You should reclaim ALL of the charges and fees before you pay them off, they will be unlikely to refund you once they have got their ill gotten gains.

 

P2P with Muckyhall, DO NOT pay Muckhall, unless they actually own the debt, then pay P2P direct.

 

Have you been in touch with the MIB (motorist insurance bureau) regarding the hit & run? Do you have a police crime number?

 

Thank you for the support!

 

I understand what you are saying about the charges, but once the accounts are closed and paid off legally wouldnt I be allowed to claim? I would be willing to go to court providing I do not have to pay riddiclous charges if I loose the claim or lawyer fees.

 

With regards to MuckHall, if they say they own the debt how do I know if their lying?

Can you claim charges back from PayDay lenders under the same law?

 

 

MIB are not interested police too. It was a hit and run on the drive, MID said its a civil matter!

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You should reclaim the charges before you pay off the accounts, they will be very unlikely to refund you the charges otherwise.

There is no court to go too, there is no need.

 

Check your credit files to see what is on there, P2P should have sent you a letter saying that they had sold the account to muckhall, OR they will have sent you a letter saying they are going to forward it to them to collect on their behalf, have you received any of these?

 

A hit&run on your drive and the old bill aren't interested? I certainly wouldn't accept that, thats cause for a complaint in itself, your at a loss they are obliged under the oath they swore to be interested.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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it might be an idea to start a new thread for each of your debts in the named forums for the bank/cat company/PDL company involved.

 

if you've not got all your statements

 

then a couple of SAR's will be needed.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hello Guys,

 

Thanks for your help.

 

So just to ask and confirm something.

 

If the accounts are settled by taking out a loan for example, no refunds will be issued if I claimed under hardship? If not, why? As they have taking liberties of me going through such a hard time in life.

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No they won't refund any charges if you pay them off, as by paying them in full, you are accepting their fees/charges.

 

You need to reclaim all of the charges now, then you will be in a much better position to pay them off at a vastly reduced amount.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi All,

 

Phoned up Shop Direct Group today made a token payment of £25.

 

They have passed one of the debts will Littlewoods.com to a debt collection agency I am waiting for the letter, they dont know what agency.

 

Once I recevie the debt collection letter, do I pay them or can I claim the charges back? If I can claim charges back what would I say to the debt collection agency?

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never ever phone or pay a DCA .

 

see below for how to reclaim charges [credit card the same as ]

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hello

 

I made a £25 token payment to Shop Direct Group / NDR because they will keep calling and harassing me, same as Cougar DCA because they will keep callling and harassing.

 

I have posted the SAR letters off today, waiting a response. IN the meantime I am worried Shop Direct will pass my debts onto debt collection agencies how do I stop this?

 

How do I stop Cougar contacting me whilst I am getting my charges from the bank, or do I have to keep paying them?

 

 

Honestly: Do you think this a waste of my time, or I will actually get these charges back? It cant be that easy ?

 

Thanks All!

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you should not be paying cougar on an account that is all charges they are unlawful

 

no-one will go near a court withthis

 

you seem to be worried about dca's

 

DCA 's are NOT BAILIFFS they have NO SUCH LEGAL POWERS.

 

sadly I suspect you are being cash cowed here.

 

if you have been using a card to pay them

phone your bnk

tell them your security has been compromised and you wish to cancel the card

then WRITE to your bank

and tell them NOT to honour anymore payments to XX dca

without your WRITTEN permission

 

have you ever got a copy of your CRA fiile

see below

 

I bet NONE of your payments have gone off the debt.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok I understand their are unlawful because I am in hardship?

 

How do I prevent them from contacting me, this is my main issue as this is causing a lot of stress within the family, to the point my mother is not talking to me?

 

I hate my life!

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hardship or otherwise they are still unlawful under bcobs.

 

cougar are lowlife cash cowers

 

not much you can do

they are frightened they are losing their free money stream

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

 

You can send them that letter.

 

The way to deal with this is to laugh at them when they ring and hang up. Keep a diary of events regarding their harassment, with a view of reporting them to your local police station regarding their criminal offence of harassment.

 

Use your phone providers malicious calls procedure too, if needs be they will change your number for free.

 

They deliberately harass people by ringing because they know it causes the maximum irritation, they don't care that they are committing an offence by doing so as no-one seems to pursue them via the police.

 

You are under absolutely NO legal obligation to talk to unsolicited callers whatsoever, again just laugh and hang up.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Helpneeded,

 

You asked above about having to pay a lawyer to take court action to reclaim penalty charges.

 

You can take any claim to court yourself without a lawyer or solicitor, although court action may not always be necessary.

 

If you start a thread for the Barclaycard a/c in the BC forum, you'll get all the help you need. You can use the experience of reclaiming the BC fees to deal with other banks.

 

:wink:

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