Reclaiming Charges - Credit Card

[Queens_king]

Hi,

 

First off apologies as I do not have a UK keyboard as I am now an ex pat hence the format of GBP

 

Please note I do have two other threads here re: Charges and have been advised to staret a thread for each

 

I am about to make a claim for the charges imposed on me by Santander Credit Card although the charges are only GBP12 each. (can anyone confirm the GBP12 is acceptable please).

 

The letter I have written but not yet posted ...

 

Dear Sir or Madam,

 

 

Ref: Account number: [xxxxxx]

 

I would like to request a refund of all the default charges that have been applied to my account.

 

Under the Unfair Terms in Consumer Contracts Regulations 1999 charges must reflect administration costs and cannot be punitive. I believe that the attached details of charges are unlawful as they do not reflect the true cost of going into an unauthorised overdraft.

 

You have taken GBPxxx.xx from me .I would like to request repayment of this sum plus GBPxxx.xx interesticon at xx.x% per annum

 

Please repay this money in full. If this is not done, I will begin a claim against you for the full amount, plus interest and my costs.

 

 

Yours faithfully,

 

Is there any changes that I need to make to this letter,

 

Many thanks in advance

[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 old 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

[Queens_king]

DX

 

Many thanks, just need to sort my Bank Accounts now

[dx100uk]

have a read of bcobs and the links from it in blue

 

 

not so easy mind as the others

 

 

dx

[Queens_king]

Thanks for all the replies, only question I have at present is ...

 

Do I send all the letters to the registered address or are there individual addresses for each account.

 

Thanks in advance.

[Queens_king]

Have a reply from the Credit Card part of this lot rejecting my claim for the £12 Late Fees and Over The Limit Fees on the grounds that they consider it fair and proportional to what it costs the bank

 

I have a question concerning how the enter these fees and charges onto the account ...

 

When your payment is late (that is it has not been processed onto your account) by the due date is the charge automatically applied without any human interaction, that is the system automatically enters the charge

 

Same with over the limit fees.

 

If this is correct I cannot see how Santander or any other bank can say that a £12 charge is proportionate and fair as the system may churn out thousands that day, yes okay there is the collection of the mail at the end of the day but I have worked in a big bank back in 1990 and even then the post was automated (printed, folded, enveloped, sealed and sorted into postal areas) automatically and it took two persons 10 mins to get it to the post man.

[dx100uk]

you're learning...

 

 

dx

[Queens_king]

I am now considering sending the following letter before action. Could someone please advise if ok or make some amendments. Thanks

 

Complaints

Santander Credit Cards

 

Dear sir or madam.

 

LETTER BEFORE ACTION

Your Ref: xxxxxxxxxx - Late Payments And Over Limit Fees

 

Thank you for your letter dated xx-Oct-2014 rejecting my claim on the grounds of being fair and proportionate as being advised by the Ombudsman.

 

As your system probably adds thousands of these charges each day I challenge this statement and put you to strict proof of the charge of £12 being fair and proportionate when you consider that these charges …

 

Late Payment Fees

Over Limit Fees

 

are automatically added to the account by the system with no human interaction with the exception of two people at the end of the day lugging bags to the postal collection point.

 

I would like you to reconsider your position on this before I consider taking any further action to recover the losses stated in the initial complaint which has now obviously increased the interest due to the time taken to resolve.

 

A quick response is expected from you and due to my current address I authorise the use of the following email address as available for use for this complaint ([email protected]), however as the account is closed please forward a cheque to ...........................................

 

Failure to respond within 35 days will result in further action be taken through the courts to recover the said sum without further notice to you

[Queens_king]

Please ignore post #8 and replace with the following.

 

Santander have rejected all of my claims as being fair ... huh ... £35 and £40 fair.

 

I have constructed the following letter, could some one look over it and advise please.

 

Complaints

Santander UK Plc

PO Box 1125

Bradford BD1 9PG

West Yorkshire

 

Dear sir or madam

 

YOUR REFERENCE: 4113971

 

Bank Accounts XXXXXXXX and XXXXXXXX

Mortgage Account XXXXXXXXXXXXXXXX

 

Thank you for your letter rejecting my claim for unfair charges. However I challenge your claim that these charges are fair as I consider these charges as “Penalty Charges”

 

The law is very clear on this. If you have been penalised for a breach of contract by means of disproportionate penalties, regardless of how the breach came about, then I have grounds to recover the imposed charges

 

Penalty charges must be calculated to reflect the losses sustained by the banks at the time. Contractual terms must be applied in a reasonable and lawful way. Banking contracts must be operated within the law.

 

Should you maintain that the charges of £35 and £40 are fair then I would ask that you provide me with the breakdown of how this charge arises

 

Credit Card Account XXXX-XXXX-XXXX-XXXX

 

The Office of Fair Trading (OFT) issued a directive to credit card companies to set a point at which they (the OFT) would intervene on behalf of the consumer. They did not state that £12 was lawful - in fact they stated that only a court can decide. "A fair default charge should not exceed a reasonable estimate of certain limited administrative costs which the credit card issuer reasonably expects to incur as a result of default"

 

Should you maintain that the charges of £12 are fair then I would ask that you provide me with the breakdown of how this charge arises

 

I would like your views on the above within 35 days of receipt, failure to response will involve court action to recover the losses without further notice from myself but I hope this can be resolved amicably

 

Yours faithfully

[SabreSheep]

Too much law

 

just repeat your first letter

 

Add the title in big bold red letters LETTER BEFORE ACTION

 

"I am in receipt of your letter dated bla bla bla, the contents of which are noted"

 

Repeat rest of the first letter

 

end with

 

"If I do not recieve a positive response to this letter then i WILL be pursuing this matter through the county Court without any further notice where any costs incurred shall be added to the claim."

 

 

ONLY DO THIS IF YOU INTEND TO LODGE A CLAIM.

BE AWARE THAT ALTHOUGH UNLIKELY THERE IS A CHANCE YOU MAY HAVE TO ATTEND A HEARING BEING AN EXPAT YOU WILL NEED TO FACTOR ON THE COSTS OF GETTING TO AND FROM THE HEARING

 

Also bear in mind a SMALL claims case will prevent you from claiming travel costs...

[Queens_king]

This is the response I have from Santander UK.

[SabreSheep]

That ruling is not binding on credit card charges and ONLY valid on CURRENT ACCOUNTS

 

What is the mortgage penalties mentiomned? Thought this was a credit card...

[Queens_king]

Hi Sabresheep.

 

First thanks for the previous reply and this one. I will clear things up a little

 

There was rwo x current bank accounts with an authorised overdraft of £750 on each

There was one credit card account

There was one mortgage account

 

The mortgage account was being charged at £40 per month as there was no agreement in place even though I was paying more than they asked for, I was charged 2 x external counselor fees of £79.99 which I did not ask for or make an appointment

 

I got a little bit p***ed off with the bank accounts as I had up until the problems always been able to maintain the overdraft without problems and had done for about five or six years but all Santander were interested in was getting their money back asap. (CC and Bank Accounts eventually went through a DMC)

 

Reason for problems ... Relationship breakdown due to other party using my cards without permission but police state as I gave the cards to her I was liable. Pointless trying to recover or make the other party bankrupt as no chance of any recoveries and she later took her own life as I was not the only person left in such.

(I almost lost my home at one time due to the debt I was left in of about £35,000)

[SabreSheep]

OK can we see the first letter you sent them? (Take out hte personal details)

 

You will need to seperate all 3 issues.

 

Deal with the CC charges seperatly form the mortgage ones. The Overdraft will need other peeps to advise on as thats outside my area of expertease

[Queens_king]

Hi Sabresheep

 

Many thanks for your replies and gelp. I would like to advise that my time zone is GMT +8hrs and therefore immediate replies may not always be possible

 

Here is the initial letter (replace credit card with the word mortgage and vice versa)

 

Account number

 

Dear Sir/Madam

 

I recently became aware of media reports on the investigation into credit card charges by the old 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 English 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 £xxx plus £xxx to 5th September 2014 which you have charged me in interest which totals £xxx

 

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

Mr DunketandPlonker

 

Enc; Schedule

[SabreSheep]

Hi Sabresheep

 

Many thanks for your replies and gelp. I would like to advise that my time zone is GMT +8hrs and therefore immediate replies may not always be possible

 

Here is the initial letter (replace credit card with the word mortgage and vice versa)

 

Account number

 

Dear Sir/Madam

 

I recently became aware of media reports on the investigation into credit card charges by the old 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 English 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 £xxx plus £xxx to 5th September 2014 which you have charged me in interest which totals £xxx

 

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

Mr DunketandPlonker

 

Enc; Schedule

 

 

Ok after looking at your initial letter there may be cause to start the process again.

 

your initial letter states interest they have charged you.

 

Instead you could use interest in restitution at 29.99% Which is prob more than the interest they charged you And simplifies the claim.

 

take a look at sucess threads such as Shellies Barclaycard or the thread Barclaycard and Link