Claiming Santander / River Island Card charges?

[jooshy87]

Hi guys, pretty new to the forum. Ive had my successes with bank charges in the past many moons ago.

 

However i had a hammering off River Island / GE / Santander store card back in the day for my store card with regards to late payment charges, over limit charges etc etc.

 

The account is since closed.

 

Is there still any scope for me to reclaim these in this day and age?

 

As i'd obviously like to pursue some of my money back if its a possibility but dont want to chuck a tenner their way if its not going to get me anywhere!

 

If this is the case id appreciate some guidance. Initially i think i will need to send a SAR to Santander as ive since lost or binned all my statements.

 

Thanks in advance!

Edited March 27, 2014 by jooshy87

[dx100uk]

outside of 6yrs unless you want to do court

its a very uphill affair.

 

how old are they

 

dx

[jooshy87]

Store card was opened about 6/7years ago and closed around 3 years ago.

[dx100uk]

yea open season then go for it

 

link is below

 

dx

[jooshy87]

Great thanks dx,

 

i guess i need to get the ball rolling by sending a subject access request to Santander Cards to retrieve all my statements?

 

Also in another department, do you know if this is also claimable off my car credit finance agreement

 

i had with ford/fce bank during similar time scale?

 

I was lumped with charges on that also for paying late.

 

I will follow both alongside each other if so.

[dx100uk]

yes anyone charging PENALTY fees can be hit

start a thread on the otherone.

 

sar time for sure if you dont have all the statements etc

 

dx

[jooshy87]

OK thanks, SAR is on it's way out this week once i sort my chq book out and just set up a thread for my car finance -

http://www.consumeractiongroup.co.uk/forum/showthread.php?421328-Ford-Finance-FCE-Bank-Charges-Reclaim&p=4505817#post4505817

 

Thanks!

[jooshy87]

SAR sent Saturday, hopefully it's back sooner or later within the 40 days.

[jooshy87]

Well, it was posted on 05/04/14 and as of today 25/04/14 it is still in 'transit' by royal mail despite being sent 1st class signed for delivery! What shall i do!?

[jooshy87]

UPDATE:

Letter dated 25/04/14 received from New Day Credit Data Management Ltd - LS99 2BD, confirming my SAR request and payment RECEIVED ON 09/04/14, receipt within 40 days of this date. Certain Santander cards were transferred to this company on 01/04/14 apparently.

[jooshy87]

SAR requested received back today. Looking at the transaction history I have outlined the folloiwng charges I would like to contest to be returend to me:

 

Late Payment Fee £12 x 26 = £312.00

 

Can someone please advise which process/document to take this forward to Santander as it's been a number of years since i filed one?

Thanks

[dx100uk]

CISheet v101.xls

 

put their int rate in cell d15

list every charge on a new row.

 

there is a credit card charges letter in the green library tab upto

 

 

dx

[jooshy87]

Many thanks, unfortunately I have no record of the amount of interest charged to me during the time of the card. The CCA they have sent me is and oversized image with blurred text. Is there a standard interest i can claim such as the 8% with PPI?

[dx100uk]

should be on the statements

 

dx

[jooshy87]

No statements provided. Only docs returned from SAR was a blurry CCA, T&Cs with no figures for Int on there, a list of transactions and list of calls made.

[dx100uk]

then use 24.9% that's seems to be the std in restitution.

 

dx

[jooshy87]

Thanks, can someone link me to the correct letter as i can't locate it. Is it this one?

http://www.consumeractiongroup.co.uk/forum/showthread.php?405889-Reclaiming-Credit-Card-Charges-Preliminary-Letter-Before-Action

 

I've also attached the spreadsheet if someone can confirm it is correct to attach with the letter to send off.

Thanks for your patience.

[dx100uk]

adapt to suit........

 

 

Account number

 

 

Dear Sir/Madam

 

 

 

I recently became aware of media reports on the investigation into credit card charges by the Office of Fair Trading.

 

 

I now understand that the regime of fees which you had applied to my account in relation to late and over limit charges

are unlawful at Common Law & under both Statute and Consumer regulation as they do not represent a genuine pre-estimate of your actual costs, but more a fixed PENALTY.

 

 

 

I would draw your attention to the terms of the contract which you agreed to at the time that this account was opened.

 

 

It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law

and in consideration of fair business practices and good faith.

 

 

 

It is my contention that you have failed to operate my account in a manner conducive to the above and have demonstrated a lack of fiduciary duty.

 

 

 

I calculate that you have taken £240.00 plus £878.70 which you have charged me in interest which totals £1,118.70.

 

 

 

Therefore this letter demands a refund of all PENALTY charges indicated including interest to the date you settle,

 

 

 

As the account concerned is closed, I request that payment is made directly to me, either by cheque or by BACS transfer.

 

 

 

I trust this clarifies my position.

 

 

 

 

 

Yours Faithfully

 

 

 

Enc; Schedule of charges

[jooshy87]

Thanks again, posting letter and schedule tomorrow. Will update when responded to.

[jooshy87]

Response received from New Day/ Santander regarding my claim. Rejected as expected as they believe charges to be lawful and directed me towards the FOS if unhappy. Attached letter for your viewing.

 

Any guidance on next step please?

[dx100uk]

Default charges insurance

 

what makes you think that's a template response to buff you off

 

dx

[jooshy87]

Yes, obviously a template. What is the next step for me to try and claim back if they have rejected in first instance? Thanks

[jooshy87]

Can anyone advise me on the next step moving forward please?

[sidabm]

I would be interested as i have received the same letter

[jooshy87]

Sent 2 follow up letters stating i do not accept their final resolution, and the second time offering them to make me a settlement offer as a GOGW before going to FOS. They threw this back in my face and maintained their position.

Any advice guys moving forward or have i lost the battle this time? I imagine the FOS will not consider in my favour these days so pointless going to them?