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  • #16
    Re: Which Template letter next please ?

    Charges on credit card accounts can be claimed back complete with "statutory" interest at 8%. Even Barclaycard do this routinely if told to. However it is possible to claim all of this PLUS interest at their current contractual rate. There have been successes in the very recent past but you would have to threaten and be prepared to issue proceedings.

    Charges such as these on credit cards were not covered in the "bank charges" debacle in the Supreme Court.

    regards
    Garlok

    However it can be a substantial amount if the account is old and can wipe out the original debt.

    Comment


    • #17
      Re: Which Template letter next please ?

      As Garlok stated above - but you won't get the cash - it reduces any balance first & foremost and any "credit balance" would then be sent to you so it's not always beneficial if you're nearing statute barred and/or going down the UE highway

      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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      • #18
        Re: Which Template letter next please ?

        Thanks for that information Garlok and N-I-D

        The charges are just added to the statement and account each month. I think my friend did at one point use her debit card to pay, but some time ago lost her purse and had to get a new bank card and they do not have that card information.

        I am not sure how to deal with the charges other than for the future I mention them in the next letter to be stopped.

        So basically she has been paying 25 quid each month and 12 gets knocked off that amount with charges.

        Chooch

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        • #19
          Re: Which Template letter next please ?

          Now remind me - statute Barred - That is how long after the original debt started - 6 years?

          I know that you must never acknowledge an old debt that might surface that is statute barred, but where does this have a baring in this instance?

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          • #20
            Re: Which Template letter next please ?

            It doesnt. I was generalising two options to you
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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            • #21
              Re: Which Template letter next please ?

              statute barring starts from last payment, so 6 years from last payment(5 in Scotland), any payment puts the clock back to 0, so can't see that applying here as your friend is paying

              Comment


              • #22
                Re: Which Template letter next please ?

                Hi Chooch,

                The Statute Barring clock starts from the last time you acknowledged or made payment on a debt. Some would argue that it is from the date that you receive a default. From what you have said, your friends debt is a long way off either. It runs for 6 years in England and Wales, but 5 years in Scotland.

                Hence from the date that it started (2003) you have some options as Niddy has said, is it UE? If that is a route for you although you have said not because it does entail a lot of hassle from the lowlife then yoiu would start by making the s 78 CCA1974 request for a copy of the agreement.

                If however you want to go via the payment route and wish to reclaim the charges then you will need to make an Advanced SAR under the Data Protection Act so that you can calculate your claim.

                Have a look here:allaboutFORUMS - View Single Post - UPDATED - Reclaiming Charges, PPi Unfair Fees

                and see what you think. let us know and we will try to guide you through the process a step at a time.

                regards
                Garlok

                Comment


                • #23
                  Re: Which Template letter next please ?

                  Ah I see .. thank you its late.. am tired .. been a busy day !!

                  Comment


                  • #24
                    Re: Which Template letter next please ?

                    Thank you Evenlessdopey, that makes more sense now

                    Garlok I shall have a look. Thing is, I may well be moving away from my friend end of next month and if we go into too much she is going to need support which I will not be able to give her so easily. I will take a look and see what it entails and see if I can set up a do this, do that list for her..

                    Thanks again


                    Chooch

                    Comment


                    • #25
                      Re: Which Template letter next please ?

                      if she's going down UE, she would need to log on here and we would keep her right, its too variable to do from a preprepared checklist, needs to be done as it happens cos they are all different

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                      • #26
                        Re: Which Template letter next please ?

                        I suppose really to go down the reclaiming the charges back route my friend really needs a full up to date statement of all payments made including any charges added to her account. I really need to see her paperwork I think. Will do that over weekend.. its late now and I am bushed..

                        Will update you all soon.. good night

                        Comment


                        • #27
                          Re: Which Template letter next please ?

                          Evenlessdopey.. she has no access to a computer nor the net, hence why I am doing it

                          Chooch

                          Comment


                          • #28
                            Re: Which Template letter next please ?

                            Originally posted by Chooch View Post
                            I suppose really to go down the reclaiming the charges back route my friend really needs a full up to date statement of all payments made including any charges added to her account. I really need to see her paperwork I think. Will do that over weekend.. its late now and I am bushed..

                            Will update you all soon.. good night
                            I didnt need this for my recent claim against barclaycard - I just wrote asking for the fees back, pointed out I was in Financial Difficulties which they were aware of bla blah blah. They sent me a letter with a full list of charges and the interest. I didnt think I had as many as I did, but they soon mount up.
                            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                            Comment


                            • #29
                              Re: Which Template letter next please ?

                              Hi Folks.. its me again.. resurrecting this thread.

                              I am in middle of moving and had a very stressful few weeks and been unable to help my friend out and I need to do it before I move.

                              Like I said previously I suffer with memory problems and although I have read the thread all the way back through again, I am lost The current stress I am under makes me worse.

                              Can someone please point out a link to the template letter part again so I can get this thing done and dusted before I move?

                              Muchly appreciated

                              Chooch

                              Comment


                              • #30
                                Re: Which Template letter next please ?

                                Originally posted by Chooch View Post
                                Hi Folks.. its me again.. resurrecting this thread.

                                I am in middle of moving and had a very stressful few weeks and been unable to help my friend out and I need to do it before I move.

                                Like I said previously I suffer with memory problems and although I have read the thread all the way back through again, I am lost The current stress I am under makes me worse.

                                Can someone please point out a link to the template letter part again so I can get this thing done and dusted before I move?

                                Muchly appreciated

                                Chooch
                                UPDATED 20.06.2011 - Unenforceability Template Letters
                                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                                Comment

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