Reclaiming credit card charges question.

[ploddingon]

Hi. I am about to submit a court claim for some credit charges to be paid back to me. I have successfully done it before and am fine with the process. There is one thing I am still unsure about though.

I was being a right pain in the backside to the company concerned and, I owed them less then £100 at the time, they closed my account and said they were writing off the outstanding balance purely as a 'goodwill gesture'. Do I now have to knock off this amount from what I am reclaiming or I can still reclaim the full amount due? Thank you.

[MIKE770]

Re: Reclaiming credit card charges question.

they will if they loose no doubt, any repayment I find do that ? they will not loose twice = would you???? interesting question

[Kati]

Re: Reclaiming credit card charges question.

[MENTION=48934]Debt Camel[/MENTION] ... any ideas??

[Debt Camel]

Re: Reclaiming credit card charges question.

If you took the complaint to the Financial Ombudsman, the £100 write off would probably be deducted from an award to you.... unless the FO considered that that amount should have been written off... No idea about a court claim.

[ploddingon]

If you took the complaint to the Financial Ombudsman, the £100 write off would probably be deducted from an award to you.... unless the FO considered that that amount should have been written off... No idea about a court claim.

I have just gotten over my Christmas hangover and am going to properly address this matter now. I will send another letter to the credit card company concerned, before filling my claim, and I will make it very clear what I am claiming and why. I will ask them to tell me if they object to the amount I am claiming. If they don't, then this should surely help protect my full claim when I make it. A good idea right? I hope so anyway.

[Debt Camel]

Are you still proposing to go to court? Why not the FOS?

[ploddingon]

Are you still proposing to go to court? Why not the FOS?

Hello there. Well, I think the FOS have gone downhill a bit in recent years and I don't see how I could possibly be any worse off filing an online court claim. If anything, I could only be better off from what you said previously.

One other thing, I hope you don't mind, but this is a bit of a weird one. I am sure I started this thread in another forum. Probably the 'Court Claims And Issues' forum, but it could have also been the 'General Legal Issues' forum I reckon. How on earth did it get into the 'Welcome forum' forum? I am feeling a bit confused.

[Amethyst]

I've moved the thread to the court claims forum - I think when you made your original post the site was a bit confusing as it had a 'create new post' button top right which posted to the welcome forum, as well as the standard post new thread button for the specific forum - had a few confusions over that, should be better now anyway

[ploddingon]

I've moved the thread to the court claims forum - I think when you made your original post the site was a bit confusing as it had a 'create new post' button top right which posted to the welcome forum, as well as the standard post new thread button for the specific forum - had a few confusions over that, should be better now anyway

I understand and thank you very much Mrs. Amethyst.

[Amethyst]

No worries

On what basis/grounds are you intending to file your claim at court on ( and thus put in your preaction letter ) ?

For ref from a recent county court ruling - just to help counter the normal argument on cc charges that OFT v Abbey applies.

https://consumercreditlitigationandd...egal-judgment/

40. Had it been necessary to do so I would have reached the following conclusions on the question of fairness under UTCCR:-

(a) The Abbey National decision is not of direct application, since it concerns unauthorised bank overdraft charges, not default charges in running account credit agreements. Default charges are without doubt the consequence of breach of contract. Unauthorised overdraft charges, as analysed in the Abbey National decision, result from the provision of services pursuant to an implied request. I do not consider that Abbey National is authority for the view that default charges necessarily fall within the regulation 6(2) exemption and in the circumstances of this case I accept PRA’s counsel’s responsible and proper recognition that the charges here almost certainly do not;

(b) The burden of showing that the term is fair is on PRA;

(c) PRA has called no evidence on that point. I am unable to tell whether, for example, the charges might be fair in all the circumstances as forming a proportionate part of the revenue stream for providing the overall package of services under the account, or to secure proper performance of the contract;

(d) That being so PRA has not discharged the burden of showing that the default charges are fair.

41. In view of my decision about the default notice issue, it is not necessary for me to decide what relief would follow from a conclusion that the default charges have not been shown to be fair, or what directions would need to be given for the determination of that issue. I observe however that even a cursory examination of the effect of default charges on Mr Segal’s debit balance, as evidenced for example in the statement log at [392] shows that it was substantial.

[ploddingon]

On what basis/grounds are you intending to file your claim at court on ( and thus put in your preaction letter ) ?

Thank you for the extra help. I will dig up all of my paperwork and reply first thing in the morning. It's definitely lying around here somewhere...

[ploddingon]

On what basis/grounds are you intending to file your claim at court on ( and thus put in your preaction letter ) ?

Thank you for the extra help. I will dig up all of my paperwork and reply first thing in the morning. It's definitely lying around here somewhere...

Yes, first thing in the morning just like I said. I don't know where all the time goes to be honest. Something came up and this matter just got totally driven from my cluttered mind. Anyhow, I have now dug up the old paperwork and I am fully ready to swiftly proceed.

I used the argument that the charges were disproportionate under the UTCCR 1999. From memory, I think I got that angle from an MSE template, but I am not 100% sure. For the record, I have decided to deduct what they credited to my account as a goodwill gesture from my claim. I will call it a goodwill gesture of my own, but the truth is I can't really be bothered to deal with any complications that may arise from them arguing about it. Am I now good to go with a MCOL then? As my original LBA was sent a while back, then do I need to send another LBA? Much appreciated for any more help.

[Amethyst]

Can you post your intended particulars of claim ? Is the original lba you sent worded as a progression from your original complaint ?

[ploddingon]

Can you post your intended particulars of claim ? Is the original lba you sent worded as a progression from your original complaint ?

For my particulars of claim, I was only intending to rehash what was in my LBA. I wasn't expecting to encounter any resistance from them. Yes, my LBA was just a simple extension of what was in my original complaint letter, which I headed as a preliminary court letter. I am quite happy to go off and start the ball rolling again, if that is the best thing to do. Whatever I end up doing, I want to follow it all through very promptly.

When I claimed back charges from another credit card company in the past, it was all very straightforward. They paid up immediately after I sent my LBA. This gang probably think I will be bamboozled by what they wrote off as a goodwill gesture, which will lead to me not bothering to chase up what is left over, after making a deduction from what I was originally claiming.

[ploddingon]

Hello Amethyst. Sorry to pester, but have you got any more feedback or advice you can give me then? If I don't get on with it right now, then I will probably leave it for a few more months knowing me. Much appreciated.