What's the current procedure for credit card claims?

[kennyh]

I'll begin by asking for claims against credit card charges

(you'll recall that these are the ones that the OFT did not manage to foul-up).

 

I've been trying to assist a number of people to recover such unlawful charges

but I note that card companies are increasingly trying to adhere to their 'belief' that their charges are "wholly justified and fair".

 

I used to just complete an N1 as per 'Small Claims Procedure:

 

A practical guide' - Yes I did purchase one as recommended by this site!

 

I know of no credit card company that has endeavoured to defend its charges or practices in a court of law.

I do NOT do this as a business and the folk I've helped in the past would have no chance of a cash refund

(the only time someone did receive a cheque we did donate to help CAG) owing to the residual size of out standing balances.

 

I gather we now send our draft N1s to a central clearing house in Manchester

but I' ve no idea whether we just send a cheque for the likely fees

or what the likely time-line of events will be.

 

Furthermore I would ask whether anyone more knowing than me

(not difficult) would recommend the use of the 'money claim' system

 

- if it still exists-

 

and where can I obtain guidance on that?

 

Help please.

 

PS any news on reclaiming of bank charges for other than hardship

- any news on those assisted by our friends in Scotland who managed to 'persuade' the banks to settle before being 'gagged'?

[slick132]

Hi Kenny,

 

The practice of reclaiming credit card, catalogue and bank loan charges is ongoing.

 

Form N1 can be sent to CCMCC Salford and this gives you the space needed for a decent sized POC.

 

How the various banks deal with such claims varies, as does the manner in which judges dispose of such cases, should they go as far as a final hearing.

 

Barclaycard cases continue to be successful as Barclays Litigation avoid court hearings. However, other banks may defend all the way, in which case it's down to the judge lottery at a final hearing.

 

Good research and preparation is, as always, the best chance of success.

 

[kennyh]

Slick,

VERY many thanks for your input all I would ask is perhaps some elaboration on the following

but I' ve no idea whether we just send a cheque for the likely fees or what the likely time-line of events will be. Furthermore I would ask whether anyone more

knowing than me (not difficult) would recommend the use of the 'money claim'

system - if it still exists- and where can I obtain guidance on that?

I realise there are more than a few variations from bank to bank but will, in general, use the time honoured 'unlawful' arguments since these were not affected by the supreme court decision.

[slick132]

Hi Kenny,

 

What credit card is this for.

 

Have you sent out your Prelim Claim letter and your LBA yet ?

 

Once you have quantified your claim (and interest), you'll know how much you have to pay for the initial issue of the court claim.

 

When you send the claim to CCMCC at Salford, I think they'll issue the claim within about 14 days. The bank then has just over 30 days to acknowledge and defend.

 

Thereafter, the case is transferred to your local court and Directions Questionnaires issued.

 

[kennyh]

Once again Slick very many thanks for your perseverance. The bank is Barclays and, yes, I've done the lba bit and the 'how much' isn't a problem. I was just curious on making a money claim, which I know many did a few years back but I never have.

Ken

[slick132]

Hi Kenny,

 

Are you saying this is in fact a Barclaycard a/c.

 

If so, we should be able to help you achieve a good result including compound restitutionary interest if you're prepared to take court action.

 

Even though you've not made such a claim before, there are good examples of successful claims in the BC forum and the Barclays **Successes** forum. Everything you need should be there and we'll be on hand to assist when needed.

 

 

[kennyh]

Thanks Slick,

Yes it's a BC account and in the past they've 'rolled over'. Whether they've newer 'fired up' staff I don't know. I am confident that I can beat them I just wanted to avoid the AQ side of things and, having wasted a couple of trees worth of paper on court bundles in the past, I just thought I could do without that for a couple of hundred quid BUT wot the hell......

Ken

[slick132]

Hi Kenny,

 

With BC, there's just no telling whether they'll settle before you have to File and Serve court bundle, or not. You'll certainly have to get to the (new type) Directions Questionnaire.

 

All I can say is that, in the vast majority of cases I've helped with over the past three years, BC have paid out on charges plus pretty much the full amount demanded for compound restitutionary interest at 24.9%.