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Claiming back Credit Card Penalty Charges


Having_A_Knightmare
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Hi

 

If you reclaim bank charges and say you have for example 10 at £30 can you claim the whole £300 +interest or can the bank say the going rate is now £12.00 so we are only going to give you £180

 

 

Also can the bank charge you £12 now.

 

Cheers

 

HAK

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You can claim the whole lot. And no the bank can't charge £12 now as a lawful charge.

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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You are referring to the OFT's report into credit card charges.

The OFT did NOT set a limit of £12 or say it was fair.

They said that they would NOT investigate charges below this level.

Where credit card default charges are set at more than £12, the OFT will presume that they are unfair, and is likely to challenge the charge unless there are limited, exceptional business factors in play. A default charge is not fair simply because it is below £12. Setting a threshold for intervention is a pragmatic pro-consumer action that is designed to give the industry the opportunity to change its practice without litigation. It is supported by detailed guidance to the industry as to how to reduce the likelihood of public enforcement.

A default charge should only be used to recover certain limited administrative costs. These may include postage and stationery costs and staff costs and also a proportionate share of the costs of maintaining premises and IT systems necessary to deal with defaults

Where we conclude that a fee above the threshold is unfair we are likely to challenge the charge but will have regard to all the circumstances in deciding whether to do so or not. We will regard default charges set below the threshold as either not unfair or insufficiently detrimental to the economic interests of consumers in all the circumstances to warrant regulatory intervention at this time. This does not affect in any way the statutory rights of individual consumers, or groups of such consumers, to challenge the level of default charges, either above or below this threshold

http://www.oft.gov.uk/shared_oft/reports/financial_products/oft842.pdf
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Be VERY careful whose advice you listen too

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Hi

 

So why is Cahoot stinging me with £12 charges now.

 

They are also stinging me £30.00 a time for going overdrawn when they put me overdrawn (if that make sence)

 

HAK

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So why is Cahoot stinging me with £12 charges now.

 

Because they think they can get away with it.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi

 

If you reclaim bank charges and say you have for example 10 at £30 can you claim the whole £300 +interest or can the bank say the going rate is now £12.00 so we are only going to give you £180

 

 

Also can the bank charge you £12 now.

 

Cheers

 

HAK

 

Hi there H A K !

 

Why are you posting in the welcome forum...?!

 

As already stated... A penalty charge is a penalty charge...! And penalty charges are unlawful in contract law, simple as!

 

As Curlyben quite rightly states...

You are referring to the OFT's report into credit card charges.

The OFT did NOT set a limit of £12 or say it was fair.

They said that they would NOT investigate charges below this level.

Go for the whole amount! The arguement about only paying the difference is a crock!

 

Regards, as always... Dave.

 

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