Jump to content
zubo

Particulars of claim needed - credit card reclaiming

Recommended Posts

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

Share this post


Link to post
Share on other sites

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


PLEASE DONT USE REPLY WITH QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

are you claiming against Barclaycard then?


PLEASE DONT USE REPLY WITH QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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 DONT USE REPLY WITH QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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


Share this post


Link to post
Share on other sites

even if it does

it doesn't create a precedence


PLEASE DONT USE REPLY WITH QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

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

    Donate button something to the Consumer Action Group   

 

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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


Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites

PLEASE DONT USE REPLY WITH QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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


Share this post


Link to post
Share on other sites

3 threads merged.

 

dx


PLEASE DONT USE REPLY WITH QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

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??

Share this post


Link to post
Share on other sites

Yes


PLEASE DONT USE REPLY WITH QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

threads merged

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

 

dx


PLEASE DONT USE REPLY WITH QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

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....

Share this post


Link to post
Share on other sites
Please fill in your quit date here

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Recently Browsing   0 Caggers

    No registered users viewing this page.



  • Tweets

  • Our picks

    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • I was talked into signing up with Future Comms (future-comms.co.uk) who cold-called me to change my mobile contract to them, via 02, rather than EE. I have a small business (only me!) and it's a business contract. True, the 4G network is better for my area. This company seemed to be a marketing set-up for various telecoms companies, so I assumed anything I signed would be with 02 and didn't think it might be a problem.
       
      They sent an email whilst I was on the phone to set up the direct debit mandate with my bank which I signed electronically. That was the first, of many, problems I found. Apparently THAT was my contract, binding me to 3 years and no 'cooling off' period, because I was a 'business' (meaning any consumer rights did not apply). When I subsequently asked in writing for a copy of my contract, that is what they sent - when I argued it was a DD mandate they insisted it was my contract!
       
      2 days later they asked for my phone details to get it unlocked which I sent. 10 days later, EE closed my account, so I changed the SIM card to 02 that had come a few days before. No network! They had done nothing about unlocking it. Fortunately I was lucky with EE who managed to give me the right codes, rather than the usual 10 days to go through Samsung.
       
      By this time I was suspicious of their set-up and wanted to cancel. As I said earlier, I found myself trapped into a 3 year contract with no 14 day cooling off period (they don't offer that). Promises to deal with my complaints never happened, promised return calls neither....and on and on.
       
      Ofcom's rules apply to consumers and small businesses (under 10 employees), yet this shower don't acknowledge that. They just repeat and repeat that I am a business so it doesn't apply. To cancel the contract I have to pay the full 3 year's fees!!
       
      I would like to know if others have had similar experiences? Or does anyone know how I can maybe declare the 'contract' unenforceable? I have never before been locked into something without a clear written contract, with t&c's! And, yes, I have asked, and yes, I have been ignored.
      • 84 replies
    • Future comms!. Read more at https://www.consumeractiongroup.co.uk/topic/415706-future-comms/
      • 10 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
×
×
  • Create New...