Credit Card Fees - The Law
Due to the Office of Fair Trading's demands, many credit card companies
have recently dropped their penalty charges from £30 to £12.
But this is still high and it is believed these fees should cost the credit
card companies no more than a couple of pounds. When a person takes out
a credit card they enter into a contract. Late payment fees are the equivalent
of a charge for breach of contract, known as liquidated damages, and the
courts can enforce payment. However the sum must reflect actual costs
incurred and not exceed damages the card company suffered due to the breach
of contract, otherwise it becomes a penalty, which is unenforceable by
the courts. The argument that the charges exceed the customers losses
and are not enforceable by law is covered in the Unfair Terms in Consumer
Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common
Law. Some financial institutions argue that charges are a fee for a service,
however if this is the case then they must be reasonable under S.15 of
the Supply of Goods and Services Act 1982.
Charge Claims can help you reclaim all of your credit card charges for
the last 6 years plus interest of up to 29.9% If you have been charged
late payment fees then you will be entitle to financial compensation.