Debt Collectors

[Jachu]

What if the credit card company has used debt collectors.Can I still successfully claim late payment charges dating back 6 years.The charges amount to over £600.Would the company argue saying they were debt collection charges.They handed me over in March 2006.But they have been charging me since 2000.I had not been handed over that time.Also, how do debt collectors charge, a % of recovered amount?.They have not recovered a penny from me as I pay direct to credit card company.

[thewifeandI]

Hi - take a bit of time to read up first to make sure that you have the facts before going too far ahead. Read the FAQs and template letters then have a good read around here to see how others are getting on. Keep any progress on your own claim or questions that arise in a new thread in the forum for your bank to make it easier for others to follow and advise you. There's a set of links in my sig below that will help you find where all this useful information is. Well done for getting started!

 

Just keep dealing with the CC company and start a reclaim of charges from them.

[Jachu]

In the template library there seem not to be a letter to a credit card company asking for bank statements. The letter seem to be for banks only as it says 'banking history with you'.How about credit card, can I send the same letter as Subject Access Request.

 

Thank you

[thewifeandI]

Just reword the letter to suit the situation.

[Jachu]

Thank you.I will soon be writing to Barclays Bank,Barclaycard, Halifax,Halifax credit card, Sainsburys Bank and Capital One.They have all charged me late payment fees,unauthorised overlimit charges.In total Its over £2000 over six years.Today I will send letter requesting statements from Sainsburys Bank.The rest I have.Will open up threads on each of the banks and keep you informed.

 

Thank you for your help.

[Jachu]

I have been reading threads about claiming interest.The threads or writers have not reached a conclusion due to the fact that the Preliminary approach for repayment letter states the charges plus interest.

Some writers say don't include it with preliminary approach letter.If that is the case then the 'plus xxxx' interest should be removed so that we copy the right wording.

Thank you for coming up with a brilliant idea of informing us through this site.Its pretty pretty good.

[thewifeandI]

There's two distinct lots of interest applicable here and you need to get them straight in your mind first.

 

When you had a charge deducted from your account this lowered your bank balance. Over time the accumulated total of these charges may have driven your account into overdraft, and maybe past your limit. The bank usually charges you interest on the overdraft balance. Some of the interest paid could be due to genuine use of your overdraft, but over time the accumulation of charges will mean that the proportion that is due to charges will be greater, even up to the whole amount. There is a spreadsheet available (see my sig below) that will work out how much of the interest they have charged you is down to the charges. Note that it's the complex version that is required to do this calculation. This interest on charges IS reclaimable as part of your initial claim.

 

When your claim gets to the stage when you have to issue a summons for repayment of the monies owed you are entitled under Section 69 of the County Courts Act to add interest at 8% to the amounts you are claiming. The spreadsheet will also calculate this amount.

 

In your initial claim ask for the charges back, plus the calculated interest on those charges. Only when you raise your court paperwork can you claim the extra 8%.

[thewifeandI]

I've asked for this thread to be moved to the DCA forum.

[Jachu]

Today, 14th September, I posted my SAR letter to Sainsburys bank.I have now joined the war against unfair bank charges.I am missing some statements so I enclosed the £10 fee.

I also personally hand delivered to my local Halifax and Barclays Bank Preliminary letters.First I prepared acknowldgement papers which I asked the bank people to sign,print name and date.I am keeping these signed acknowledgements in case they delay saying they did not receive my letters.

In the Halifax preliminary letter I included interest which I was charged for unauthorised overdraft.I did not include the 8% interest.Barclays did not charge me interest so I did not claim it.Hope I did the right thing.

How can I write in my folder called Jachu V Barclays and the other one Halifax.I cannot find option to post a thread.

Will keep you informed on progress.