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Particulars of claim needed - credit card reclaiming


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hi all

I am working through my PPI claims and noticed quite a few late charges, overlimit charges some from 2001

is there a process on cag to follow?

do i claim the £12 charges ... many are over this..

i want to claim compound interest ... what % should i use??

thanks for any pointers

zubo

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TBH its very difficult to get back penalty charges outside of 6yrs now.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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i guess its understandable... however.... my arguments are quite strong.... i had a LOT of credit card debt in 2001-4 ... then lost my job and had no money to pay... every day dca etc were chasing me harassing ... so i desperately would try to avoid talking to them and banks... and was unaware until i started my ppi clains that i had been charged unfair charges... this was the first time i understood that these charges were unfair,

 

so i will try to claim

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hi all

ive been reading this thread on excessive charges,,

https://www.consumeractiongroup.co.uk/forum/showthread.php?423713-Barclaycard-penalty-charges-(probably)-**WON**-with-restitutionary-interest

the suggestion is to use 24.9% ... my question is how has this been determined?

thanks

zubo

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are you claiming against Barclaycard then?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have a number of banks I will be claiming against...

CAPITAL oNE

MBNA

AMEX

HALIFAX

BARCLAYCARD

SANTANDER

ONE OTHER..

 

I assume that the rate varies by each of these?

 

If so how do I calculate the rate??

 

thanks

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24.9 only on barclacvard

 

the others use their int rate.

but you can only charge that until they stopped charging int or you paid the card off from then on it should be flat 8%

using the statint sheet

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi all

just read this thread https://www.consumeractiongroup.co.uk/forum/showthread.php?354380-MBNA-Charges-refused&p=4584652#post4584652

so i ran into serious financial problems...

I stopped all repayments on a dozen cards...

I fought long battles using CCA and despite a lot of hassle 14 years later nobody bothers me.

But I am working through my PPI and noticed that i can reclaim penalty charges ... but through court...

however the case above makes me wonder if that judge decision will always be repeated or if there is a counter argument.

anybody advise please

thanks

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This is a very vague question. I think you need to set out in far more detail what it is you are trying to do – against who

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even if it does

it doesn't create a precedence

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If your debts have been assigned the above thread is irrelevant.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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If you want advice on your Topic please PM me a link to your thread

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thanks everyone.

Bankfodder let me give you one example:

I had a Virgin Credit Card... by 2006 I stopped payments because I lost my job at that time I owed about £2600.

I will have to trawl through the correspondence but MBNA paid up on the PPI so Im guessing it was assigned to them or maybe they were the OC all along.

During 2004/5 they posted 12 lots of £25 overlimit or late charges... then later a few £12 late charges. I thought I read somewhere that you reclaim all these including £12.

Does my claim stand a chance in court and what interest rate should i use on the compound spreadsheet?

thanks

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You should certainly claim all charges which were levied at more than £12.00. In respect of those, you claim the lot. Not merely the difference between the charge and the £12

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Did you actually pay these charges, Or do they form part of an outstanding balance which has run to statute barred ?

 

yes, i continued paying them on two credit card accounts regardless of charges they were posting so i feel justified in reclaiming these. MBNA sent me some tiny text to show the interest they use... i'm going to use 13.2%

 

thanks

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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DX ... thanks for the reply and link... that is a huge thread....

being a simple soul i used the interest charged £56 on a balance of £2700 to arrive at monthly interest of 2.074 ... using converters here http://www.stoozing.com/calculator/apr-rate-converter.php

to arrive at 27.93 as compounded APR....

does this make sense?

thanks

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hi all

In 2004 I got into an awful mess owing a lot of money.. i simply sunk under debt.. all my fault .

. i stopped paying everyone ... about a dozen companies.. surprisingly, because i argued the agreements were unlawful and individually the debts were small compared with others I was never taken to court

... i had a lot of hassle from debt recovery companies for seven years or so but i avoided payment: Im not proud of that fact quite the opposite Im ashamed.

understandably I ignored all this ppi stuff because i didnt deserve it...

however ... i have now began reclaiming my ppi to try to bolster my poor savings... its tough just surviving on a state pension...

examining the statements i can see all these excessive overlimit or late payment charges in excess of £12 i paid back then... and would like to claim them back...

i did a lot of research on Restitution some time ago and seemed to recall a test case where the claimant argued that he was unaware that he was owed money until recently and so the six year rule only applies once he is aware.

I would appreciate any advice whether others had used the same logic and arguments

thanks

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Please can you tell us the dates of the charges and the amounts. How many were there which were more than £12?

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3 threads merged.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thanks dx

bankfodder see the attached spreadsheet..

. £200 but so old that at MBNA compound interest rate is in excess of the outdtanding debt which was sold off or written off

should i start an lba ... is there a chance of this in court??

9729chargesCISheet v101.xls

on another site someone said the rules here https://www.handbook.fca.org.uk/handbook/DISP/2/8.html regarding time limits are not allowed to vary....

do these have any bearing on court cases brought??

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Yes

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Why don't you tell us the full story ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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threads merged

it is all related to IF charges can be reclaimed outside of 6YRS.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Hi all

in particular dx100uk please

I take your point on trying to recover charges older than 6 years however.... consider this argument from case law:

5. The general rules for limitation of actions in tort and contract are contained in ss.2 and 5 of the Limitation Act 1980.

2. An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.

5. An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

6. Ms Williams's claim against FP & H may sound in tort or in contract or in both.

If the general rules apply the limitation period began to run when the cause of action accrued.

In some cases there can be difficult questions about when a cause of action accrued, but not in this case.

As I have already said, it is agreed that Ms Williams's cause of action accrued on 25 August 1994.

7. There are exceptions to the general rules. The exceptions which matter in this case are contained in s.32. I will set out most of subsection (1) and the whole of subsection (2). As regards s.32(1) it will be seen that it contains three paragraphs. I reproduce all three of them, but it should be noted that the one which is specifically in point in this case is paragraph (b).

32 (1) … where in the case of any action for which a period of limitation is prescribed by this Act, either –

(a) the action is based upon the fraud of the defendant, or

(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant, or

© the action is for relief from the consequences of a mistake,

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. …

so my ituation is

c) relief of consequences of a mistake:

my mistake in not realizing that late and overlimit charges were excessive and unlawful.

The cause of action and associated time limitation starts when you discover the mistake... ie NOW.

comments are welcome....

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