Are charges still reclaimable after Brandon

[middenmess]

Several posts are asking the question so...

Are late payment charges etc. still reclaimable after the Judge's decision in Amex v Brandon that they were OK?

[jumper999]

Re: Are charges still reclaimable after Brandon

Good and a very important question which I need answering as soon as anyone knows,

Thanks mm

[jumper999]

Re: Are charges still reclaimable after Brandon

This is an extract from the OFT

We are not suggesting that default fees should be set at £12, and a court will certainly not consider that a default fee is fair just because it is below the threshold”. “We consider that a contract term is likely to be unfair if it requires consumers to pay more as a result of a default than the court would order them to pay if they were sued for breach of contract. This means that a default charge should not exceed a reasonable pre-estimate of the administrative costs that the consumer ought to have realised would be likely to be incurred by his or her card issuer in dealing with defaults”

[middenmess]

Re: Are charges still reclaimable after Brandon

whilst the Judge in Amex v Brandon agreed with the original trial judge and said ..

they were not penalties but were a genuine pre-estimate of loss which is the test for liquidated damages and not a penalty. In my judgment that was a view to which he was perfectly entitled to come.

[Amethyst]

Re: Are charges still reclaimable after Brandon

IMO Amex v Brandon isn't out fully yet but when it is, and if it isnt overturned at appeal, it could cause some problems, but I think the point of law argued in the hearing was faulty and can be overcome quite easily, though it will serve to put a lot of people off claiming and encourage the banks to say no unless you take them to court, which will put a dampner on the reclaiming historical charges and the over £12's that many people are settling for now.

I don't think it is worth having a panic over though, and havent seen anyone come back saying Amex v Brandon has been quoted at them in response to a card charges reclaim as yet.

The legal arguments between liquidated damages etc have been argued over and over and over. Citi card cases in NI from yonks back may be worth looking up, and if you can get the Lickthewallfatboy case info from ummm 2007, that will have some details supporting penalties, tho isnt high court like Brandon. Penalty Charges in Brandon were a bit of a side issue argument so I dont think the judgment can stand for long.

Ame
xx

[ed.]

Re: Are charges still reclaimable after Brandon

If memory serves from what I've seen of brandon it went with common law penalty/liquidated damages anyway and I don't recall a reference to the UTCCR.

[middenmess]

Re: Are charges still reclaimable after Brandon

IMO Amex v Brandon isn't out fully yet but when it is, and if it isnt overturned at appeal, it could cause some problems, but I think the point of law argued in the hearing was faulty and can be overcome quite easily, though it will serve to put a lot of people off claiming and encourage the banks to say no unless you take them to court, which will put a dampner on the reclaiming historical charges and the over £12's that many people are settling for now.

I don't think it is worth having a panic over though, and havent seen anyone come back saying Amex v Brandon has been quoted at them in response to a card charges reclaim as yet.

The legal arguments between liquidated damages etc have been argued over and over and over. Citi card cases in NI from yonks back may be worth looking up, and if you can get the Lickthewallfatboy case info from ummm 2007, that will have some details supporting penalties, tho isnt high court like Brandon. Penalty Charges in Brandon were a bit of a side issue argument so I dont think the judgment can stand for long.

Ame
xx

I know nought about what happens at appeal so....

When Brandon is appealed is each section appealed separately or is each appealed as a total?

Can parts of the judgement be repealed whilst other parts are judged to stand?

[middenmess]

Re: Are charges still reclaimable after Brandon

Here's a very good result with charges from CAG

Webby v Barclaycard

[Blackcatgirl]

Re: Are charges still reclaimable after Brandon

I see that Brandon's (v Amex) request for appeal is to be heard on 6th December.

[middenmess]

Re: Are charges still reclaimable after Brandon

I see that Brandon's (v Amex) request for appeal is to be heard on 6th December.

Yep,many people will have their fingers and whatever crossed on that day!

Oh,and welcome to LB