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timps vs on:line finance ***WON***


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Posted off my SAR today to on line finance...looking back over the few letters that I have found from them there are administration charges of £135 and £165!!! along with letter fees of £15. Can I claim back the admin charges? The account is now closed and paid off thankfully, but I want my money back from this company. What the h*ll is a £165 admin charge for?:-?

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These companies have a nice line in EDIT: "administative charge" = penalty, "service charge" = interest. Reclaim both.

 

Steven

 

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If the service is genuine, then the charge for it cannot be claimed. This is why many of the banks are cloaking their penalty charges under this name. Interest is only claimable on the penalty charges themselves, not all interest.

 

Hopefully your SAR should make your charges clearer, and while you're waiting for your information have a good read so you'll become clearer about what you can and can't claim for.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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got a statement yesterday with a lot of charges on. £15 £30 letters + charged for 2 default notices. going to work out the total...but how do i get the default notices off my credit file?

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When you do your claim make sure that you include removal of the defaults in your claim, and if you are offered the full amount of money, refuse it unless the offer includes removal of the defaults. They are incredibly difficult to get removed. There is quite a bit on default removal on the site. Might be an idea to get info from the credit reference agencies too to see what they show.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

I have recieved this response from on:line finance-

 

"Re:late payment charges

 

we write to you with regard to your request for a refund of the late payment fees incurred on the aforementioned.

 

We have noted that you refer to recent recomendations set by the OFT; may we please clarify the situation for you.

 

The new OFT regulations relate to a£12.00 limit on default charges incurred by misuse of credit cards. The agreement you entered into with us was a conditional sale agreement regulated by the Consumer Credit Act 1974 which was inclusive of clauses whereby you agreed to indemnify us for any costs incurred (Clause 5.3 attached).

 

A tariff of these charges would have been included within your welcome pack at the beginning of your agreement.

 

We must therefore aver that you have agreed to pay these charges from the outset and thus do not accept your claim for re-imbursement.

 

yours faithfully

 

Illegible signature"

 

What do I do now? They included a photo copy of all the terms and conditions refered to in the letter. Clause 5.3 refers to preparing , seding letters etc and re claiming the costs incurred....help!! :confused:

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whereby you agreed to indemnify us for any costs incurred (Clause 5.3 attached).

 

Seems to me the above is the salient point. I agree, proceed with the LBA and ignore the fob off.

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The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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What's an LBA?

 

Letter Before Action - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

Steven

 

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Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

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  • 2 weeks later...

If they haven't replied within your timescale, then tes.

 

Steven

 

If this post is helpful, please click the scales

 

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

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On the online claim site (which don't take visa electron!!) do i have to put in the interest daily rates or can i put that in later! I havn't done all the calculations just got the final figure that OLF owe me. When i tick the box for interest it says I need to put in a paragraph regarding interest...do I need to put this in word for word?

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The space on MCOL for your particulars of claim is very limited and you can't really afford to miss anything out or it might not be enough to back up your claim. If you can't fit it in, you might be better to do a paper claim and send an N1 to the court. There are no limits on the POC with that.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 months later...

been through all the legal stuff with MCOL. online said they were going to defend but forgot to put in a defence!!! I got a judgement by default. So what do i do now? rang them today to see when they were going to pay...they said they would ring back but never did.

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On the application for judgement you had to put when you wanted the money - presumably you put immediately. If that is the case, give them 14 days. If they don't pay up by then you need to apply for a warrant of execution.

 

 

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yeah i put in to be paid imediately. The lady i spoke to today said her manager was dealing with it, she was going to e-mail him and ring me back. Should I ring again tomorow?

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  • 3 weeks later...

I think I am nearly there, after many phone calls to olf. Today is the last chance for them to send me a cheque then i issue a warrant. They keep saying that they are processing the cheque but still one hasn't arrived, some kind of authorising mix up they said today.

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  • 2 weeks later...

Update and important advice for anyone taking on online or gmac. They promised me a cheque by friday last week - didn't arrive despite lots of phone calls to try and avoid issuing a warrant. Advice...with regards to online finance and making a money claim on line (MCOL) do not use the PO Box address as this prolongs the claim and warrant process and the CCJ cannot be registered against a PO Box ( I am filling in a registry trust document to have it registered). The address is: HEOL-Y-GAMLAS, PARC NANTGARW, TREFOREST INDUSTRIAL ESTATE, TREFOREST, CARDIFF CF15 7QU.

 

Spoken to court today and had the case transfrered to Cardiff County Court. If no cheque by tomorow then bailiffs going round to online to get my £755 as it's over a month since the judgment was made against them.

 

Advice...... (which in hindsight i would have done) when you get a judgement against them issue a warrant online straight away, this will stop the long drawn out pointless phone calls which i have made. They ignore requests for the right person to ring back and string things out right to the end:mad: The only way I feel to deal with these people is a warrant and bailliffs visit.

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Got a cheque today for full amount and a letter saying here is cheque for claim for unfair charges! so can someone show this as won please and thanks to all who have helped......now onto barclays:D

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