RECLAIMING CREDIT CARD FEES

[dev92]

I WROTE A LETTER TO MY PREVIOUS BANK FIRST DIRECT WHO WE WERE WITH BEFORE COMPLETING OUR IVA TO RECLAIM CREDIT CARD FEES, WE HAD A LETTER THIS MORNIG OFFERING MYSELF A GOODWILL PAYMENT OF £80 AND MY HUSBAND £30, JUST WONDERING SHOULD WE ACCEPT OR DECLINE IN THE HOPE THAT THEY WILL OFFER US MORE, ANY ADVICE!!!!

[ray_a]

Hi Dev

How much did they charge you as the cost may have been a lot higher than that!

My solicitor has advised me to go for mine but to wait for a court hearing on this area which is listed for January 2008 when we will know what the outcome is!

Hope this helps

[MelanieGiles]

Wait until the outcome of the Court case due to be heard on 14 January 2008.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

[Andrew Graveson]

Hello,

Credit card fees are not covered by the OFT court case early next year. This applies to charges applied to current accounts.

Credit card charges are therefore reclaimable now.

Credit card charges were dealt with in early 2006 when the OFT determined that such charges for late payments etc should not be more than £12.

Pretty much all the card companies changed their charges to £12 at that time.

In practice most credit card companies will freely refund the difference between the charges they levied and the £12 now determined to have been fair.

A letter to the credit card company asking for details of all charges over the past 6 years gets you the ammunition. They can charge up to £10 to provide this information to you. Then write demanding that the difference between the actual amounts charged and the £12 charge (during the past six years) are refunded immediately. No harm in asking for some interest either.



Andrew Graveson
Mortgage Broker & Bright Oak Debt Management
andrew@brightoak.co.uk
www.brightoak.co.uk

[63k]

OK
I am claiming back from abbey on our current account, which they are obviously waiting for the outcome of the Jan 2008 case, however, if i am given money back from this, would it need to go into my IVA or at least 50% of it.

[Adam Davies]

Hi
It will be deemed a windfall and normally all of it will have to be paid into the IVA
regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp

[dev92]

will it be deemed as a windfall even though we have our completion certificate

[Adam Davies]

Sorry,I didn't realise that you had completed your IVA,No your refund is yours to keep.
Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp

[ray_a]

Hi Andrew

Many thanks for that as I thought it was all tied up together and as soon as I get my R certificate confirming that I am out of our IVA I will get straight onto the case!

[Andrew Graveson]

Good luck with that Ray.

We've got about £500000 under claim for our clients on bank charges awaiting the OFT case and clarification. It's a really scary subject - we've seen examples of people being charged £600 in a single day in "penalty" charges. We successfully reclaimed £10223 for one client who had been charged that in six years and had to sell her house as a result. A real pleasure to put her new house deposit in her pocket.

We've also handled a lot of credit card claims - if I can help you in any way to take your claim to a successful conclusion please call and ask for me.

Andrew Graveson
Mortgage Broker & Bright Oak Debt Management
andrew@brightoak.co.uk
www.brightoak.co.uk

[PoorbutHappy]

Refund I recieved (was against a loan not a CC...aint hit them for them yet...but this post just given me an idea was taken straight out of what I owed em. When started owed 13K. Now owe 9K. So I never actually saw any cash/had no windfall

[ray_a]

Hi Andrew

Meant to reply to your kind offer and I will come back to you.

I have to check my position that legally we have completed our IVA before I start any action as I am still worried about opening up the statutory interest problem we had.

Many thanks

Ray

[coupleplus1]

can you try to reclaim your cc and bank fees although you have an IVA, I would have thought that as much of the money is written off it is a bit wrong to try and claim it?

[cr15py]

Just out of interest, does anyone have example letters? Also, will they knock the balance owing, or send you a cheque direct?

[dev92]

i had my example letter from www.moneyexpert.co.uk, the website is set up by a bloke called Martyn Lewis, more often than not he has a slot on GMTV, if you have not completed your IVA then it will be classed as a windfall and have to be paid to your creditors. You must state in the letter you want a cheque, we had to because we no longer bank with First Direct.