Aqua card PENALTY charges Reclaiming [in scotland too]

[Desmondo1]

I have a defaulted & active aqua card

 

No mention of a DCA.

 

the card is still whacking up interest and charges each month, it is marked as defaulted in July.

 

I have contacted them 3 times to freeze the interest due to my financial situation

 

and the only reply that I have had was to provide some evidence which is duly did with my SAR

 

which they have replied to but that doesn't seem to have made the blindest bit of difference.

 

Can they charge me indefinately as the debt has went up £800 since i last paid which is very worrying.

[Desmondo1]

Thanks again DX

 

I would then say the aqua card should be my priority as I am still being charged.

 

I used the calculator and have worked out that total charges at 29.9% & the 8% stat would mean just over £800 to date.

 

I have not submitted my claim as they have not stopped charging as I don't want to go through the same process monthly.

 

Besides I have sent them a letter stating they have not complied fully with my sar as there were no system notes or copies of communication to me

and I am trying to get them to remove interest and charges going back to default date when I notified them of my hardship.

 

I can but hope and thanks again for all your advice and support it is invaluable.

[dx100uk]

for aq

 

you need to use the CISHEET only [not 8% as the card is still running]

 

put in every PENALTY fees on the date they levied it

 

put THEIR APR in cell D15.

 

dx

[Desmondo1]

I am kind of hoping that if I submit the claim they will stop charging

 

though this seems unlikely given their record so far.

 

Would I claim the additional 8℅ once they eventually stop charging?

[dx100uk]

nope

 

you claim int at the compounded/restitution rate on PENALTY charges.

 

the 8% does not enter into it

dx

[Desmondo1]

DX just one other thing i wanted to clarify judging by noddle AQUA have stopped charging me interest and fees.

 

What do i claim on the CIS sheet 29.9% is what they charge me is this what i claim and do not claim and addition 8% statutory fee?

[Desmondo1]

Is there also a letter that i can send with my CIS sheet, I have confirmed the account is now closed.

[Desmondo1]

Guys,

 

This is a stupid question I need to send of a CIS sheet to claim credit card charges back, however i cannot find anything in the library has everything been moved also is there an accompanying letter?

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

ADAPT THE FOLLOWING TO YOUR CIRCUMSTANCES AND DETAILS..

 

Account number

 

 

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 £240.00 plus £878.70 which you have charged me in interest which totals £1,118.70.

 

 

 

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.

 

 

 

 

 

Yours Faithfully

 

 

 

Enc; Schedule of charges

[Desmondo1]

DX Cheers done my sheet and works out at £918.65 should knock quite a bit of the debt. That will be a beer or two I owe you.

[Desmondo1]

Hi I have had a letter from AQUA

 

they have sold the debt to 1st credit who are requesting that I pay the full balance now.

 

I have had no response at all from Aqua regarding my charges

 

they also have never replied to my offers of repayment either.

 

The balance they are looking for is £3459.23

 

however I am awaiting charges plus interest to be refunded from Aqua but they no longer own the debt.

 

They are doing the usual doorstep collector threats which is not a problem as i will send them a letter telling them not to as found in the forum.

 

What is the lye of the land here it appears AQUA are going to ignore my letters about my charges

and how can they reduce a debt they have sold on now?

 

There is Buckley's chance I am paying the full amount.

[dx100uk]

still the same MO.

 

matters not they've sold it

 

send a chase up letter to aqua

 

what are you doing about my complaint of DD/MM/YYY

 

dx

[Desmondo1]

OK Will do.

I checked my credit file and it's still under AQUA and not the other mob.

 

I am assuming its in the process of changing hands.

 

I sent the letter about 3 weeks ago,

 

I will give them another week

 

if nothing i shall send a chase up.

 

How does this work with the charges

 

should they now be issuing them to me direct because i doubt they will be able to adjust it now that it's sold ?

 

Thanks again DX

[dx100uk]

so you've had the notice of assignment then?

 

typically if its being sold

 

the bal on the cra file goes to £0 and shows settled

 

dx

[Desmondo1]

DX

i can confirm it does not show that.

 

The letter I have received from 1st credit and Aqua states it has been sold.

 

But noddle does not show this.

 

I have had a reply from Aqua today declining to pay any charges on the basis that the OFT investigation allows for limited administration costs

and overheads and that they think £12 is fair.

 

What can i do now, I was going to attempt a letter asking them to justify the costs in full.

But aint got to much of clue what to say or quote.

[Desmondo1]

This is the body of the letter

 

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 0845601 0436.

 

 

r-,

- -~-o-

«

 

 

 

Monday to Friday

Saturday

Sunday

 

 

08.00 - 21.00

09.00 - 17.00

10.00 - 18.00

 

 

 

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.

[Desmondo1]

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

[theoldrouge]

Did you receive a Default Notice and Termination Notice from Aqua prior to sale to 1st credit?

 

I have come across a couple of cases lately where Aqua have terminated prior to the remedy date on the DN

[Desmondo1]

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.

[theoldrouge]

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.

not default sum notices, but actual default notice under s87 cca1974. Progressive Credit purchased Aqua from BOS around March 2012 together with Marbles and Opus

[dx100uk]

DX

i can confirm it does not show that.

 

The letter I have received from 1st credit and Aqua states it has been sold.

 

But noddle does not show this.

 

I have had a reply from Aqua today declining to pay any charges on the basis that the OFT investigation allows for limited administration costs

and overheads and that they think £12 is fair.

 

What can i do now, I was going to attempt a letter asking them to justify the costs in full.

But aint got to much of clue what to say or quote.

 

the oft decision was ONLY to do with BANK charges.

 

here are a couple of letters whereby you can ADAPT THEM

 

and use the points raised against their claim

their charges are fair.

 

with regard to your letter of the 30th.

i thank you for the gesture of goodwill

in relation toward the refund of your unlawful penalty charges

however, i beg to differ upon your points raised

concerning your interpretation of the OFT statement.

It is perfectly evident that it applies to ALL types of

consumer credit agreements, else why are

all the major credit cards companies & indeed

other catalogue companies, including yourselves

settling complaints of this nature?

it is also worthy to note, that the statement was a recommendation

of £12, not permission to charge such a penalty.

When & if you truthfully disclose your actual costs

then perhaps consumers might have a better faith in the industry.

i now move to the matter of the interest you have charged me

on these penalty charges.

in line with the std FOS calculation, you have failed

to place me back in the position i would

have been, had you not levied such charges,

You have omitted to include the interest you have charged me

on each day for each charge.

Having already prepared the documents required should

i take the option to take you to court, i have included

a repeat copy of my schedule of charges.

from the total detailed i have removed your refunded sum.

i will give you 14 days before i decide my next move.

However, either way, be this court or the FOS, this will increase

your costs by adding a further 8% statutory interest to my claim.

Having consulted information provided by the FOS

i am also advised to inform you of their fees levied

upon the company under investigation - £450

i sincerely hope we can resolve my claim

without further involvement.

however, please be advised i will not hestitate

in escalating this complaint should it not

be resolved to my satisfaction.

yours

disgrutled customer

that should do

dx

 

 

Dear

Re: Your Reference

Thank you for your letter dated 30 November 2010. I would like to take this opportunity to make you aware of the fact that if I do issue Court Proceedings this will incur a further interest charge of 8% simple interest, on each charge including your interest - from the date it was levied - to the date of your claim

I also note that your letter effectively seeks to justify these charges on the grounds that it complies with OFT guidance. In that guidance, the OFT says:

“As a practical measure, to help encourage a swift change in market practice, we are setting a simple monetary threshold for intervention by us on default charges. The threshold is £12.

We regard the setting of the threshold as a provisional practical measure to move the market towards compliance. We should make it quite clear that we are not inviting the banks to align their charges at such a threshold figure. We are not proposing that default fees should be equivalent to the threshold and a court will certainly not consider that a default fee is fair just because it is below the threshold.

The threshold is not intended to be a permanent feature of our intervention in this market. We will consider further action if trends in the market suggest that this threshold approach is insufficient to bring about appropriate and early change in the market.

It is also important to note that the threshold for action is a statement of our regulatory intent. We have no power to constrain private civil actions or to determine what a court should decide and other enforcers may apply for injunctions under the UTCCRs”.

I require repayment in full of this money and removal of the default notice.

I look forward to hearing from you within fourteen days from the date of this letter.

Yours sincerely

[Desmondo1]

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.

[Desmondo1]

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

[dx100uk]

load of cobrers!

 

the oft nor the fca [now fsa] investigated credit card charges AT ALL.

they investigated BANK CHARGES

 

they are a PENALY and so are unlawful. end of at any figure.

 

dx

[dx100uk]

this is your aqua thread I've made.

 

dx