Oh well i think i will give it ago nothing to lose i suppose.

Just rec'd my Capital one SAR they have provided me with statements from April 2006 and boy have they been charging me. Up until 2007 they were charging me £20 almost EVERY month in over limit fees. To bad claim limits only go as far back as 6 years as the CIS sheet actually wipes out the debt and leaves me with £700 up. Wish I could claim that extra year as that year was huge in charges.

I am maybe going to send another letter advising that I am now filling in appendix 1b for the small claims court. Hopefully this will make them reconsider but I doubt it

No PPI unless its been added on the fly but doesn't look like it on DSAR. Also noddle still shows aqua but i defo have a deed of assignment from both stating that they have bough the debt. Like it first crapit lol

DX thanks for the support. Yep that's what i thought I have dug out form 1b for the small claim court and will complete, I note in Scotland I can only claim for 5 years. In addition I would like to get the ball rolling with first call credit with and F+F over 2-3 payments. Any pointers appreciated or good templates. Thanks

This is their reply aqua account number: Dear Mr 25 November 2013 Reference xxxxxxxxxxxxx a lJa Customer Services PO Box 173 Sheffield S981JW Tel: 0845601 0436 www.aquacard.co.uk Thank you for your recent and for giving me the opportunity to investigate the points raised. I understand you feel the charges that have been applied to your account are unfair. I would like to explain that most of our credit card services are free and your card provides an easy method of payment. However, there will be times when customers don't manage their accounts in line with the card's terms and conditions. When this happens, we feel it's reasonable to make a charge to cover our costs. We believe that a charge of £12 reflects these costs. In 2006, the Office of Fair Trading (OFT) carried out an investigation into the fairness of credit card charges and in particular the default charges which are applied.when a.customer fails, to keep.to the terms of their aqreement with.us,- for example by not paying on time or going over their credit limit. Following its investigation, the OFT said it wouldn't take further action where charges were set at £12 or below. Therefore I am unable to offer you a refund. I realise my decision may not be the one you wanted, but I do hope that you understand the reasons for it. If you remain unhappy, you have the option to contact the Financial Ombudsman Service (FOS), so long as you do this within six months of the date of this letter. Please refer to the leaflet enclosed with our previous letter providing contact details and information about their service. Yours sincerely :~ Customer Relations Team

I have had a reply from Aqua today and they again are refusing to refund the charges applied to my account. I understand that I now have two options 1) Take them to court. 2) Offer to settle the debt. My intention would be to try and settle for a vastly reduced amount about 30% but I would also consider taking them to court but the whole thing makes me nervy as I am not entirely sure what it would involve. Any advice would be very much appreciated.

I am not sure, i think maybe I had about 3 or four default & termination notices but they continued to keep the account open for 9 months adding charges,. The letter i have states 1st credit are the legal owner of the debt now following assignment from progressive credit (No idea how they are). The letter from aqua states that the total balance sold is £3459.23 so by that i am reading that they now own the debt. I don't know why they kept the account open for almost a year from default but have since added about a £1000 despite me explaining my hardship over the year.

Ims21 cheers

No 6 years only

Yes no problem i keep all of my letters Dear Sir/Madam I recently became aware of media reports on the investigation into credit card charges by the Office of Fair Trading. I now understand that the regime of fees which you had applied to my account in relation to late and over limit charges are unlawful at Common Law & under both Statute and Consumer regulation as they do not represent a genuine pre-estimate of your actual costs, but more a fixed PENALTY. I would draw your attention to the terms of the contract which you agreed to at the time that this account was opened. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law and in consideration of fair business practices and good faith. It is my contention that you have failed to operate my account in a manner conducive to the above and have demonstrated a lack of fiduciary duty. I calculate that you have taken £324.00 plus £594.65 which you have charged me in interest which totals £918.65. Therefore this letter demands a refund of all PENALTY charges indicated including interest to the date you settle. As the account concerned is closed, I request that payment is made directly to me, either by cheque or by BACS transfer. I trust this clarifies my position.

Hi would something like this do http://www.consumeractiongroup.co.uk/forum/showthread.php?387431-Letter-before-Action-Removal-of-Charges-under-Hardship-criteria-BCOBs

Hi thanks silverfox1961 I will be happy to get the ball rolling on this. The charges are worked out based on the CIS sheet and their interest rate which was 44.9% apr. Everything i have is from a DSAR which i have kept. That's is fine i had read something similar, I am happy to go to court as i believe they are 100% unlawful particularly given that they have never sent me any letter regarding the charges and they were only ever included on there statements which they issue as par of the course. I just need to find an lba to alter a little. Thanks

I have been pursuing £900 pound odds of charges from AQUA card but today they have written to me quoting the following. Are there any letters/templates on the forum as i couldn't see anything in the library. The letter itself is not actually correct as most months it was £24 in charges albeit 2 x £12 charges for differing things. Private I have completed a review of the points you raised regarding the repayment of late payment fees and over limit charges applied to your account. I confirm that I am unable to offer you a refund on the fee's that you have previously been charged as they do not exceed £12.00 and I have closed your complaint. You may have noted the media coverage of the Office of Fair Trading (OFT) investigation into default charges. The OFT stated that a default charge should only be used to recover certain limited administrative costs. These may include postage and stationery costs, staff costs and a proportionate share of the costs of maintaining premises and IT systems necessary to deal with defaults. Although we were not party to the OFT investigation that led to its report, aqua is aware of the report and its recommendations regarding charges. In light of the OFT statement, but without any admission of liability as to the previous level of charges, we have reconsidered and lowered our charges to their recommended rate of £12.00. If you'd like to raise any queries, please contact Customer Services in writing or on the following telephone number OB45 601 0436. •.... ----~--o Monday to Friday Saturday Sunday OB.OO - 21.00 09.00 - 17.00 10.00 - 1B.00 If you remain unhappy, you also have the option to contact the Financial Ombudsman Service (FOS), so long as you do this within six months of the date of this letter. I've enclosed a leaflet providing contact details and information about their service.

BTW having read the letter from 1st Credit it is an notice of assignment