old credit card charges

[Never-In-Doubt]

Re: old credit card charges

Reading between the lines as they have only charged me £12!!! it would seem they can get away with that, so it would be a waste of a stamp??

depends if the charges were lawful, ie 4 (x £12) in the same day would result in £48 being reduced to £12.....

So always worth getting a SAR and testing the water if you know you had a lot of charges....

[MattyA]

Re: old credit card charges

Niddy.

Not even been to FOS yet so not contemplating court. I was unaware that you could use the 3 years of finding out about the charges and was therefore stuck with lots of claims of £12 within the last 6 years but all the big charges are firmly over 6 years.

Therefore I believed what the banks were telling me. And as FOS would rule with the banks on £12 then it seemed pointless.

Hence why in my threads I have been stating that the banks attitude seems to have hardened on charge reclaims. I had reasoned it was due to the £12 ruling coming to its 6th birthday and hence all big charges were protected by the limitations rules. They were feeling on safer ground to reject people.

However it seems if you have the proof (via a SAR and hence my discussions with a few CEO's) you could still say via FOS I only just realised I have been diddled and therefore the bigger charges are actually claimable.

If this is the case and I do win, it bemuses me that by being greedy the banks will have to pay the FOS fee and a higer set of charges than if they had just been fair from the start.

You would think they make notes of when a customer SAR's them and its these customers that are likely to be serious in a claim.

But of course that is as we all know, is pink and fluffy and wonderworld where banks operate to the benifit of the wider society. Its not real.

Dont worry no court claim here.

Its worth a go ken - They hve all paid me up so far £25/£12, but will only go back 6 years from the start of the claim.
I have recentley refused a settlement from one bank as they had missed off 1 x £12 charge going back 6 years & they have repaid me another £40 + £50 for my troubles.

Its always worth a go

Matty

[ken100464]

Re: old credit card charges

MattyA

Cheers for the encouragement,

Will get the FOS form filled in and any documents I have to prove the charges.

The only thing that is worrying me is you state will only go back 6 years.

All the charges within 6 years are now £12 hence the swift bank rejection. Think this is same situation as OP's first post.

They are using the limitations line to as you say only go back 6 years.

FOS as I understand it will reject £12 so unless I can go further back that 6 years I am in same boat as OP.

As the 6 year anniversary of the £12 ruling came in the summer there very few big charges left out (certainly we dont have any)there and I sense banks have hardened their attitude in the past 3 months.

Will give it ago and report back on what FOS say.

[mgfboy]

Re: old credit card charges

depends if the charges were lawful, ie 4 (x £12) in the same day would result in £48 being reduced to £12.....

So always worth getting a SAR and testing the water if you know you had a lot of charges....

No just £84, I will write them a letter and complain about the interest rate as well, you never know!!!!

[ken100464]

Re: old credit card charges

I did say I would update on this after been to FOS.

As I thought really. A great big nada nil nothing for any of the claims.The banks can stiff you as much as they like and without the proof that you were in total financial ruin the the apologists for the industry that are FOS agree.

Also of note the two great claiming sites still seem to think its worthwhile and advise to have a go.

But if the success threads are followed its quite evident what internet warriors are advising and what the punters are winning is a very very different thing.

Even the court claims are becoming like unicorns. Mythical.

[DoTheyMeanMe]

Re: old credit card charges

Bad news Ken.

I have suspected for a while that the FOS would not be interested. They are just government puppets and the government's motivation is to get the banks into a position where they (the government) can offload all the bank shares they had to buy.

I have a new charges claim against Halifax Credit Card for about £150 that they have just refused under the Statute of Limitations Act - the usual load of bull.

I suspect that a County Court action, even for this small amount, would be defended in case it set a precedent.

I am just over a year into this site and the whole banking shambles and boy-oh-boy have my eyes been opened.

Alan

[Never-In-Doubt]

Re: old credit card charges

I have a new charges claim against Halifax Credit Card for about £150 that they have just refused under the Statute of Limitations Act - the usual load of bull.

who refused under Limitations Act? The FOS or the creditor?

FOS have rules that state limitation period only starts when you became aware that you could reclaim, so if you only found out last month you'd have 6 years to reclaim. If you knew 2 years ago, you'd have 4 years left to reclaim.

More info would be a help here

[ken100464]

Re: old credit card charges

FOS say in our letter re egg charges.

"I would like to clarify that I am only able to consider charges that have been applied in the last six years" (Handy all the big ones are over 6 years now)

No limitations or anything quoted.

[Never-In-Doubt]

Re: old credit card charges

Were you in any form of financial hardship? Charges can only be argued by the FOS if there was an element of financial hardship, really....

Was the bank made aware of any financial hardship (if applicable)?

--> FAQs complaints about bank charges

[ken100464]

Re: old credit card charges

We argued that but was brushed away as they said hardship only is a problem AFTER the bank has been notified by the consumer.

Prior to that you are bound by the cards T & C's which we signed up to which included these penalty charges.

After you let the bank know then if charges are still levied they seemed to indicate they would look at them under hardship.

We built a reconstructed account which clearly showed that the interest rate jacking and penalty charges were not allowing OH to get out of the trap. (But thats exactly what they are designed to do)

All ignored as she hadnt notified the bank she was in trouble.

Dead dog really hence go UE and forget everything. Maybe if they were fair we would too.

Mindset has changed over last year. When your drowning you clutch at anything.

When you realise there is another way reclaiming charges just seems a hard way to skin your cat.

[ken100464]

Re: old credit card charges

PS

This account we on about is awaiting DCA to do something as we aint paying.

£2200 UE at moment. Of which £400 is charges.

If we get all the way to SB we aint lost these charges just wont have paid them.

Pretty relaxed about it all but noticed I said I would update when something happened.

[Never-In-Doubt]

Re: old credit card charges

We argued that but was brushed away as they said hardship only is a problem AFTER the bank has been notified by the consumer.

Which is correct, of course the bank are not mind readers

Dead dog really hence go UE and forget everything. Maybe if they were fair we would too.

best way mate

[DoTheyMeanMe]

Re: old credit card charges

who refused under Limitations Act? The FOS or the creditor?

FOS have rules that state limitation period only starts when you became aware that you could reclaim, so if you only found out last month you'd have 6 years to reclaim. If you knew 2 years ago, you'd have 4 years left to reclaim.

More info would be a help here

Sorry, Niddy - more info:

Much like Ken's case really. Charges are 7 x £25 from 2005. I found out about them when I got SAR stuff a couple of months ago.

I wrote to Halifax for £91 (7 x £13) plus interest at 8%. They replied:
We only consider refunds on charges applied during the six years prior to us receiving a complaint as any claim for charges incurred over six years ago is time barred.

They then invite me to go to the FOS.

[ken100464]

Re: old credit card charges

DTMM

FOS will then basically say no dice so unless you wish to start a court claim its pretty dead really.

Think a couple of sites need to update what they tell people. People in debt will clutch at straws. This IMO is a boat well sailed.

If you think you want and are owed this money then a court claim is the only way to attempt it unless you are in hardship and its happening right now or the bank after you told them failed to react properly.

[DoTheyMeanMe]

Re: old credit card charges

DTMM

FOS will then basically say no dice so unless you wish to start a court claim its pretty dead really.

Think a couple of sites need to update what they tell people. People in debt will clutch at straws. This IMO is a boat well sailed.

If you think you want and are owed this money then a court claim is the only way to attempt it unless you are in hardship and its happening right now or the bank after you told them failed to react properly.

That's my thinking too, mate. The overcharges contributed to the financial difficulties but were before Halifax knew there were problems.

As for the courts, in principle I would love to do it but common sense says it is too much hassle for £144. Money doesn't buy you happiness but principles don't buy you anything.