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Is it ok for other companys to charge for late payment i.e studio cards for not making a payment in time,as daughter paid in £20,but was late,now they have charged her £20,wiping out her payment.

Have not checked the terms and condition of there payment system yet.

Ron

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but we all agreed to these charges from our banks because they are in the T&Cs, but now know that they are still unlawful.

 

Ron, if your daughter has been charged a late payment fee of £20, it is clearly not a fee associated with the cost they incurred. I'd say this is the same as other catalogue accounts, and you can claim. I would certainly try.

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it could be, but its not likely is it? Inany case, a DPA request for manual intervention will either reveal that its a legimate charge, or thats there's no manual intervention and it's a penalty charge,

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Mahala is a powerful thing ...

 

If you like my advice, please click the scales.

All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

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Guest Lueeze

It could be legit, but whats the chance of that....:rolleyes:

 

I would say write to the with the Prelim and LBA and see what happens, I wouldn't say file in court TBH until we hear what they say.

 

Obviously £20 late charge is just the same a a £20 late charge on a credit card, they all operate the same!

 

Id at least try...

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And, therein, lies your answer.

 

How can we decide what is reasonable, without sight of what terms and conditions you have agreed to?

 

Sean, I don't think you quite get the principle of penalty charges. Your answer indicates that.

 

£20 charge for a late payment IS a penalty. No T&Cs can mask that. Even the OFT agrees!

 

Ron, go get 'em. :D

 

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Thanks bookworm, will be send of the 1st letter requesting a list of all charges made to her account for late payments, and see what they come back with.No doubt they will be asking for £5/£10 as normal.

 

Could someone tell me what Sean 5302 or even Sean could reply to what his input to this thread was?.

 

Ron

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Not sure why he's deleted; he simply said to be careful as the charge may be legitimate. The balance of probabilities however seems to be that it's not... penalty charges are not permissible in ANY contract - not just bank contracts.

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Bookworm,

I believe I know the answer to this question but could you clarify when they (Studio Cards) use the term Administration charge £20 on their invoice that would still be classed as a penalty charge would it not.

 

Seen your reply as to what Sean was saying thanks again

Ron

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Guest Lueeze

Yes, they can use whatever fancy names they want, but the admin charge was for being late paying the bill, it wasnt offering a service. Claim it back, after all it doesnt cost £20, unless they can prove this of course!

 

Louise x

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Yes, they can use whatever fancy names they want, but the admin charge was for being late paying the bill, it wasnt offering a service. Claim it back, after all it doesnt cost £20, unless they can prove this of course!

 

Louise x

 

Thank you Louise, just completed the 1st template letter(edited to suit),requesting all info under the data protection act... from when opening of her account.

 

Take care

Ron

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  • 12 years later...

This topic was closed on 11 March 2019.

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