Reclaiming Aqua credit card charges

[mike00]

Hi All,

 

I received a response to my SAR from Aqua/HBOS today.

 

Total charges: £468

 

I have an old spreadsheet which I believe I found on these forums. It takes the date and amount of each charge and then calculates compound interest (based on my own APR of 35.95%) for these charges.

 

Can I reclaim the charges and this compounded interest? If so I can reclaim £706.22

 

Any links to template letters would be much appreciated!

 

My account has been sold to a DCA if that makes any difference?

[ims21]

There is a good preliminary letter for a charges claim here at post #31

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**/page2

 

If you are not going back more than six years then you can leave out the paragraph that mentions 6 years and the Kleinwort Benson case.

 

You are correct in that you can claim back the charges and the compound interest on them. If you have doubts about the spreadsheet, post it up and we can have a look at it for you.

 

You are aware that you may have to sue to get the charges back?

[mike00]

Hi ims21,

 

I understand I may have to take court action to get these charges back, although the DCA might take court action against me first. If that happens, would these charges and interest then form a suitable defence? The value of the charges + compound interest (which I believe is in 'restitution') is £200 greater than what they claim I owe.

[ims21]

Which DCA is it?

 

Have you done the usual with a CCA request to the DCA (I assume they now own the debt)?

 

You could use the charges thing as part of a defence as I understand it. Is there a reason why you feel that they may possible be close to taking court action?

[mike00]

Hi,

 

I sent a letter dated 27 October to Aqua claiming these charges back. I gave them 14 days to respond, but that deadline has long expired and I've not heard back from them.

 

Is the next step a reminder or a LBA?

 

[Edit]

This is now showing on noddle as 1st Credit. Unsure what difference that may make?

Edited December 5, 2013 by mike00

[ims21]

Seems like First Credit have bought the debt and thus their name is appearing on the credit file now.

 

If you have had no response to your preliminary letter then proceed with your LBA. If you can, send it recorded to the Registered Office and remember to enclose an updated spreadsheet.

 

Only threaten court action if you are prepared to go through with it.

[mike00]

Hi, I'm more than willing to go through with the action. Is there a LBA template anywhere for reclaiming these charges?

 

I also sent a CCA request to 1st Credit on 27 October. They replied saying they'll send me the requested information, but so far they havent.

[ims21]

Your LBA is the same as your preliminary letter but with the heading "Letter Before Action" and a change to the final paragraph to say that you will be issuing proceedings in court after x days.

 

Don't forget to change the figures in the LBA to reflect those in the updated spreadsheet.

 

If 1st Credit haven't sent you a response to the CCA request and their time limit is up you could stop paying.