nnelson v Aqua Credit Card - **PAID IN FULL**

[Jane Austen]

Received a letter this morning from Aqua telling me I am severely over my credit limit and if I do not act they will issue a default notice.

I am actually over my limit because they took out a £20 late payment fee, even though when I paid by debit card over the phone, they told me this would prevent a late payment fee! The original payment of £11.97 was recalled by my bank, due to insufficient funds, due to them having taken charges etc. etc. et al. This reversal has cost me £65 but I have already made my DPA request to the bank. However, back to the Aqua business. The amount by which I am "severely over limit" is £1.18!!!!!!!!! Can you believe it?

I phoned to complain and ask for the £20 late fee to be reimbursed because one of their staff had told me it would not be applied to the account. They offered me £10 reimbursement and so I asked them for all my statements which will, apparently be with me, within 10 workingdays. No fee asked for.

[Bookworm]

The amount by which I am "severely over limit" is £1.18!!!!!!!!! /quote]

 

 

 

I'm sorry, I had to.

[Jane Austen]

Another threatened default - now because I owe them £5.49! I have sent a LBA which they seem to be ignoring. Surely if the money I owe is in dispute then they cannot follow through with a default

[jonni2bad]

That's the theory, at least

[Jane Austen]

Lovely lady phoned me to offer me half my charges. Only problem is, she means half of the last charge, not half of the total. I'm only claiming £186! She also informed me that a credit of £15.36 has been put on to my account. No idea where this has come from.

[Jane Austen]

Another phone call to inform me my account is over the limit and I am incurring more charges. I told this lady I was waiting for a reply to my LBA letter which they received (12th May recorded deliivery). They have no trace of it in connection to my account but it could be "in the system."

I told her that I had a record of its delivery and unless I receive my charges back I will be going to file a claim on Wednesday when I get paid. She asked me why and I told her they were unlawful and my account was only overdrawn because of them. She replied that they were not unlawful and were clearly staed in Ts and Cs. To this I said I would see them in court.

[Jane Austen]

Aqua now phoning regularly. Once or twice a day usually. Each time I tell them I am not going to enter into any dialogue until they have replied to my letter (LBA). They are in contact because I am still over the limit, due entirely to their charges.

 

On the few occasions when I have spoken further, I get the usual rant about T and Cs being fair and they can refund £10 of the last £20 charged.

 

They also assure me I will not be getting back any more than this £10.

 

I am filing a claim on the 31st.

 

Has anybody else experienced this harrassment?

[jonni2bad]

We are currently working on the specifics of a letter regarding this harassment for our own templates library. You might wish to use the following, but also be prepared to follow this up with a written complaint to the departments mentioned in it.

 

Good Luck

 

***********************************************************

 

Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Wireless Telegraphy Act (1949) and I will report you to both Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

 

NAME HERE

******************************************

This should do the trick, but, if it doesn't, keep your cool and report them to the Office of Fair Trading and your local trading standards office.

 

There is now a specific complaint form which you can download from the internet to make an official complaint and you can obtain it here:

http://www.oft.gov.uk/nr/rdonlyres/b3999175-a9bc-469d-ad5b-ba284de36e01/0/complaint.doc

 

PLEASE USE IT

 

Remember, keep your cool at all times, don't be intimidated by a piece of plastic, if you don't like what you're listening to, put the phone down - and remember the most important thing of all is to put and get things in writing at all times.

[Jane Austen]

That's great Jonni, thanks. I'll send it on Wednesday and also mention that I've filed my claim against them.

[Jane Austen]

File claimed this morning.

 

Bring it on! :p

[Jane Austen]

just had an interesting telephone call from Aqua. I decided to listen for a change as he seemed sympathetic. He told me I was going about this in completely the wrong way and I should follow their complaints procedure etc right up to the Financial Ombudsman if necessary. He also said the banks had had a new law passed (his words, not mine) on the 31st May and it had been agreed between them and the OFT that they could charge, but it had to be no more than £12. This will come into force on August 1st. Because of this decision I would stand no hope of getting back all my charges.

Is this the banks' general interpretation of what the OFT stated?

[barracad]

just had an interesting telephone call from Aqua. I decided to listen for a change as he seemed sympathetic. He told me I was going about this in completely the wrong way and I should follow their complaints procedure etc right up to the Financial Ombudsman if necessary. He also said the banks had had a new law passed (his words, not mine) on the 31st May and it had been agreed between them and the OFT that they could charge, but it had to be no more than £12. This will come into force on August 1st. Because of this decision I would stand no hope of getting back all my charges.

Is this the banks' general interpretation of what the OFT stated?

No!

 

Did you record the call?

 

The OFT have no power to amend the law. Furthermore, they didn't state that a charge of £12 would be classed as lawful.

 

The reason they want you to go to the Ombudsman is because the Ombudsman has to base their decisions on the banks terms and conditions, so would side with the bank (after you wait 8 weeks for a reply).

 

If they refuse to play ball, the only place to resolve this would be a court of law.

[Jane Austen]

No, I didn't record the call as they phoned me, yet again. I have already filed a claim against them which was deemed to be served today. I was concerned that the guy I spoke to seemed to genuinely believe that what he was saying was right and he tried very hard to convince me I was "going about things the wrong way." I did tell him he was wrong and there were several cases to be held as aprecedent but he seemed to think I was exaggerating greatly.

 

One thing he did say was that I was refusing to pay my minimum payment each month and there was a note to this effect on my file. I told him to remove the note as I had notified them of my new bank details and if they had not actioned them then that was their fault, not mine. He agreed to do that.

[Robert_Brenchley]

They're saying what they've been told by their bosses, and probably have no knowledge of the true situation. A tape of a conversation admitting that they were in the wrong would do them massive damage from a legal point of view - and to their reputation if it was used by a national newspaper - and they're probably facing instant dismissal if they don't tow the official line.

[Jane Austen]

Received today the Acknowledgement of Service from Halifax plc who 'own' Aqua credit cards. They intend ro defend. It is signed by A O'Brien (RAH), Defendant's solicitor. Any ideas anybody?

 

Can I expect to wait the full 28 days or should I hear something before then? If this is a Halifax issue, should it be moved to a Halifax thread?

[Jane Austen]

Still no word. They have until 2nd July to enter their defence.

[jonni2bad]

I have a feeling they will refund you well before then!!!

[Jane Austen]

Jonni

 

You were right!

 

PAID IN FULL!!!!!!! :-D :-D

All money claimed back in my credit card account today.

[barracad]

Congratulations!!

 

That is excellent news!

 

Please complete our bank charges survey.

 

And a donation would be greatly appreciated.

[jonni2bad]

CONGRATULATIONS

 

Well done for sticking with it....

 

Halifax 0 - 194 ConsumerActionGroup

 

(..........and counting)

[Jane Austen]

Will be donating when I get my new card. They refused to replace the last one.

[littleangels3]

how did you put claim in against aqua i thought the addres is not in england? I was trying to claim for my husband but couldnt because of the address?

[nasrcity]

The amount by which I am "severely over limit" is £1.18!!!!!!!!! /quote]

 

 

 

I'm sorry, I had to.

my husband went over his limit by 66p and they phone him on a sunday morning asking him to pay the 66p plus £12 for going over which we paid and then told us next month your account will exceed its limit when the interest is added result another £12 added and 4 phone calls from monday to thursday and the phone was slammed down on him when he said he could,nt pay . so what polite company aqua are

[Jane Austen]

This topic was closed on 2019-03-08.

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