'in dispute' - only 'bank' charges - not credit card?

[willtheywontthey]

I still cannot get my head around this...

 

Is my account 'in dispute' if it is a credit card account and has penalty charges included in the amount they defaulted me???

 

Experian says this applies only to 'bank' charges and as mine is a credit card hard luck...

 

Can anybody clarify please??

[citizenB]

I am unable to answer you question. Just giving your thread a little nudge toward the top to get it noticed by others.

[yourbank]

That is crap. The account is an account. Credit card account. The amount of the debt is IN DISPUTE. Not sure I see their reasoning......

[Lula]

To my mind, an account, wherever it may be held, is in dispute if the amount owed is queried, end of IMHO, although I am sure that people with more experience than me in this will be along shortly

[creditcardmug]

Its in dispute if you tell them its in dispute, and will remain that way until they have resolved the dispute to your satisfaction.

 

Have you sent off a CCA request?

[willtheywontthey]

I think I'm in a 'fuddle' (is that a word?) here about 2 things...

 

 

1. Are charges by credit card companies of 12 pounds acceptable or not (apparantly FOS will ignore?)

 

2. Experian's letter stating what I claimed was in relation to 'bank' penalty charges NOT 'credit card company' penalty charges., Basically Experian state hard luck it's a credit card account and as I had claimed 'bank' charges were in 'dispute' then what I said was a load ofb.......

[willtheywontthey]

oh a cca sent ages ago yes but I'm concentrating here on whether a default should have been put on my account (as in Experian) because 50% of amount were penalty charges (credit card ones and of 12 pounds)...

 

(please ignore cca issue for now please.. trying to keep it all simple!!)

[creditcardmug]

Just for clarity, are you saying you have received a "Default Notice", and this has appeared on your credit file, and you are not happy and want it removed?

 

And you have complained to experian about it?

[willtheywontthey]

yes and yes

[creditcardmug]

The banks and DCAs are in cahoots with the CRAs, once something has been added to your credit file it will be extremely difficult to get it removed in my experience on this site (although i have never tried to myself).

 

As far as the creditor is concerned if you have not satisfied the DN by the due date you are in default of the notice.

So they would say they have a right to add this to your credit file, because you gave your consent to share your data when you signed the "agreement".

 

THe qestion then is, do they have your consent to share your data, this comes down to whether or not a valid agreement exists, hence the need for a CCA request to verify among other things that your consent has been given.

 

If your consent has been given, and you have not satisfied the DN then you could try to argue that the ammount of the DN included penalty charges, but really i think you are wasting your time, the only place you can argue this is if its in court IMHO.

[willtheywontthey]

I think you have said what I am assuming!

 

In the interim I would love to have an argument to counter what Experian said, namely I complained about 'bank' charges so go jump..... anybody legally minded want to assist in countering Experian's assumption here??

[willtheywontthey]

actually - has the FOS 'any' say in this at all (can the FOS tell HFC/Marbles to remove default at all??)- namely the fact that account in default to keep it simple??

[42man]

You MAY have to go to court for the default battle....but have a read of this thread...

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/148383-finlander-wants-soak-abbey.html

[citizenB]

I think I'm in a 'fuddle' (is that a word?) here about 2 things...

 

 

1. Are charges by credit card companies of 12 pounds acceptable or not (apparantly FOS will ignore?)

 

2. Experian's letter stating what I claimed was in relation to 'bank' penalty charges NOT 'credit card company' penalty charges., Basically Experian state hard luck it's a credit card account and as I had claimed 'bank' charges were in 'dispute' then what I said was a load ofb.......

 

Yep, fuddle is a word and a nice one at that

 

 

I dont quite understand your question at number 1. The OFT have said that just because a charge is set at £12.00 doesnt make it acceptable. They will only interfere if the charge goes above £12.00. So no, £12.00 is not acceptable and you could make a stab at claiming them back if you were so inclined.

[willtheywontthey]

I'm confused (what's new!!)....

 

If charge ABOVE 12 FOS will deal with,,,,,,,

 

what if charge is 12...... and exactly 12.........??????????

 

 

you mention FOS or is it OFT (???) say 12 or below...is not necessairy acceptable... but then I am allowed to claim back if 12 or above.......?? and that's now really confused me....??? argh!!

[dpick]

What FOS say is that if a penalty charge is above £12 they will then investigate they have not said that any value of charge is not unfair. I have reclaimed all my charges from Capital one including the charges of £12. They of course will not admit that the charges are unfair but they did pay out in full including compound interest.

 

dpick

[willtheywontthey]

has anybody got the actual FOS ;quote' regarding this so I can quote it to experian?

 

Also I'm still trying t get my head round what to do if FOS sys they will not investigate 212 pound charges or over......

 

Still trying to get some real facts to disprove what Experian said about 'bank

charges... not really getting any real facts / laws

[citizenB]

WTWT, this is the link to the OFT where you will find the quote you require. CAG automatically puts in a space somewhere in the web link so you will have to close that up. Copy and paste the link into your browser.

 

http://www.oft.gov.uk/sharedoft...ts/oft842a.pdf

 

The quote is :

 

"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 £12.00. 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 guedance to the indsutry as to how to reduce the likelihood of public enforcement."

 

and

 

"The OFT is not proposing that a default fee should be equivalent to the threshold, and a court will certainly not consider that a default is fair just because it is below the threshold"

HTH.

[willtheywontthey]

ok latest update - just had a letter from 1s Credit asking for the whole amount. Obviously I am going to cca them etc BUT what advice do you suggest is possible / effective at getting default removed (FOS rubbish). Is is teally true court only way to do this???? Do I have to go to court? If I lose do I pay HFC!

 

Perhaps I will start a new thread on this - 'hold my hand to court' thread?

 

Then again should I make them an offer??? Woudl this be on a credit file as an 'agreement' - would this be bad???

[citizenB]

ok latest update - just had a letter from 1s Credit asking for the whole amount. Obviously I am going to cca them etc BUT what advice do you suggest is possible / effective at getting default removed (FOS rubbish). Is is teally true court only way to do this???? Do I have to go to court? If I lose do I pay HFC!

 

Perhaps I will start a new thread on this - 'hold my hand to court' thread?

 

Then again should I make them an offer??? Woudl this be on a credit file as an 'agreement' - would this be bad???

 

If you make them a F&F settlement, they will actually record it as that on your credit file. This means that other creditors will be aware that the full outstanding amount wasnt paid.