old credit card charges

[mgfboy]

I was just think , that a few years ago one of my credit cards keep on charging me becuase I was over the limit. I didn't realise this as I had a DDI that was meant to pay the card off and I assumed that would clear any problems each month ( also I didn't bother opening the statements).

Do you think I could claim back the over the limit charges???

[Never-In-Doubt]

Re: old credit card charges

Yes you can.... obviously they'll mention SB but remember the rules, you can state you only became aware of the error recently (ie within the 3 years of the date of finding out)...

If you don't then 6 years is the limit

[mgfboy]

Re: old credit card charges

Yes you can.... obviously they'll mention SB but remember the rules, you can state you only became aware of the error recently (ie within the 3 years of the date of finding out)...

If you don't then 6 years is the limit

Any good templates to use, or shall I just ring them up and ask for a statement of charges first??

[di30]

Re: old credit card charges

I would gather up as much info as you can in regards of the charges first.

[mgfboy]

Re: old credit card charges

I will give them a ring and get them to send me a report of any charges.

[MattyA]

Re: old credit card charges

You might end up having to SAR them to get any sense out of them.....but persevere and it will come through for you.

You are entitled to the charges + the return of any interest applied to them at contract rate + 8 % simple interest in restitution ....however both are likely to be achieved.

I have had contract interest reimbursed but not simple interest on some accounts .....and simple interest but not contract interest on others.

It depends on how far you want to take it - but they will only go back 6 years.

Matty

[mgfboy]

Re: old credit card charges

I received a pack of statements going back 10 years and from that I can see they charged me 7x £12 for being over my limit.

The only reason I went over was I did some transaction in the states and they didn't decline the card. I only found out about it when I tried to use the car sometime later and it was declined, I stupidly assumed that as the card was on DDI payments they would have taken any over spend to bring it in it's limit.

Now do you think that I have a chance of claim these charges back????

[ken100464]

Re: old credit card charges

Worth a try I would say.

I have tried all of mine and none have coughed on charges yet.

That said I have only got to the run to FOS if you want to stage.

They are all trotting out the nothing beyond 6 years limitations yah de yah and £12 a letter/action is well fair because it was only deemed anything over this was a penalty so anything under it cant be. Yeah right.

I am stalled at the moment because many of our overlimits are getting caught up in PPI claims (Was an overlimit in original balance isnt in the reconstructed balance)

Have decided to change track and now will use the "I only became aware in the summer so give us the dosh route" I have found our claims look very sad if its just £12 charges and 6 years. Its the bigger earlier ones that make the money in our case.

good luck

[di30]

Re: old credit card charges

I agree there is no harm in trying, and if you have the relevant statements, that helps, and you could send them the copies.

[Never-In-Doubt]

Re: old credit card charges

It depends on how far you want to take it - but they will only go back 6 years.

Not really mate, they'll issue paperwork as far back as you demand, if it is relevant to a new claim and/or complaint that involves historical data...... Just wanted to clarify this nonsense about them only going back 6 years is exactly that, nonsense.

You'll see a lot of people here (you included) have got paperwork older than 6 years..... however some like to be arses and refuse, but then you can argue it as and when.

[Never-In-Doubt]

Re: old credit card charges

To clarify, with charges reclaims you can only reclaim the difference between the recognised £12 adverse fee and the higher previous default fee. so if the old charge was £25 you can only reclaim the £13 difference, NOT the whole lot.

[ken100464]

Re: old credit card charges

Totally agree on those comments.

I was unaware of this 3 years after discovery stuff.

As usual for them the banksters have told me to piss off with small claims based on what they think we should be allowed to claim. ie nothing over 6 years £12 is fair.

Get your info (Sar) Let them be arses get your niet go off to FOS you anoying person letter then ask FOS to intervene.

The banks been given a chance to offer redress. They choose not to. Now ask again but cost them the FOS fee.

In my case they were greedy and stupid. I asked as per the MSE article and got lists of £12 over the last 6 years. (Before the orange light I might add)

I got told to run along. So I sar'd them all and have had fun chatting to Ana Botin, Anthony Jenkins, Stephen Hestler, Brian Cole and a few others.

Every bank except one at the moment (ongoing discussion with a spanish lady) has the inormation alright. They just choose to ignore you and the law and because the ICO is so overwhelmed no regulation is in place.

Upshot is now I have full transaction data/statements from all but one.

Now knowing what I know from being on here I can now put forward claims for upwards of £1000 instead of the low hundreds. I have the proof they occurred and I now have the reason why I am claiming beyond 6 years, I have even offered a large discount on my claims but they dont want to play.

I have been fair and reasonable. They havnt. Make the case send it up see what happens.

For me by being greedy slimy gits they have pushed me in into the position of learning and obtaining the information that will cost them alot more in the long run.

Dont get upset just get even.

[Never-In-Doubt]

Re: old credit card charges

Ken

Be very careful of issuing any claim, if it were to lose it could set precedent for others so you need to bear that in mind whatever you do. However, you also need to bear in mind that there is no RULE regards the default charge, the OFT set guidelines that it should not exceed £12 per event but that's all they are, guidelines.

Court should not be a choice for many, usually if you have a trailing balance you can use the charges as a negotiation tool with the DCA/Lender.

[ken100464]

Re: old credit card charges

Niddy.

Not even been to FOS yet so not contemplating court. I was unaware that you could use the 3 years of finding out about the charges and was therefore stuck with lots of claims of £12 within the last 6 years but all the big charges are firmly over 6 years.

Therefore I believed what the banks were telling me. And as FOS would rule with the banks on £12 then it seemed pointless.

Hence why in my threads I have been stating that the banks attitude seems to have hardened on charge reclaims. I had reasoned it was due to the £12 ruling coming to its 6th birthday and hence all big charges were protected by the limitations rules. They were feeling on safer ground to reject people.

However it seems if you have the proof (via a SAR and hence my discussions with a few CEO's) you could still say via FOS I only just realised I have been diddled and therefore the bigger charges are actually claimable.

If this is the case and I do win, it bemuses me that by being greedy the banks will have to pay the FOS fee and a higer set of charges than if they had just been fair from the start.

You would think they make notes of when a customer SAR's them and its these customers that are likely to be serious in a claim.

But of course that is as we all know, is pink and fluffy and wonderworld where banks operate to the benifit of the wider society. Its not real.

Dont worry no court claim here.

[mgfboy]

Re: old credit card charges

Reading between the lines as they have only charged me £12!!! it would seem they can get away with that, so it would be a waste of a stamp??