Credit Card FAQs

Below you will find the answers to the most frequently asked credit card claims questions. To find out more just click the heading.

If you have incurred Late Payment Charges or gone beyond your Credit Limit on your Credit Card, you will be eligible to make a complaint for the refund of these charges to your Credit Card Provider. We will endeavour to reclaim all of the charges you have incurred over the past six years and in addition have them pay a provision for interest.

Can I claim back my bank charges too?

We were all dealt a big blow in November 2009 when the Supreme Court ruled against the OFT who had argued, as we had, that overdraft charges were grossly unfair. But the fight goes on. The case for claiming bank charges is still growing, and we're not advising anyone to give up on it just yet.

We have a number of bank charges claims on file ready to pursue as soon as we get a green light. You are still welcome to submit a bank charge claim, but as things stand, we are unable to progress it just yet. Keep an eye on our site for updates.

However, the above does not apply to Business Bank Accounts and we are still able to reclaim all of the penalty charges that you have incurred. Please note if we win back these charges and you have previously claimed them as a tax deduction against your business, you are required to notify the Tax Office when completing your Tax Return that your income has changed.

Click here to start your claim now.

We will endeavour to claim a full refund + interest of all the charges your bank or credit card company has applied to your account over the past six years. The only proviso (and it's a small one) is that any refunds awarded will initially be used to pay off any arrears if there is a balance on your card.

You can be assured that EMCAS will be acting in your best interests at all times and will always endeavour to maximise the value of the award being made. As we receive a proportion of the award value on a "No Win No Fee" basis we will have naturally checked all calculations. EMCAS regularly dispute partial offers made by the companies liable and as a result have the offers increased.

The basis of the fee charged is that EMCAS will only be entitled to be paid if EMCAS win the claim and you receive a refund. If the claim is carried to its conclusion and is lost, you will not be charged for work carried out on your behalf.

The only occasion other than the above when a fee is payable is if during the course of your claim you decide to cancel our contract. A fee will then be payable to reflect the work carried out on your behalf and any expenses paid by EMCAS.

EMCAS charge 25% + VAT (29.4% inc. VAT) of any refund gained on your behalf.

Before EMCAS start your claim we will provide you with written correspondence detailing our service and our Terms of Engagement. After returning the required documentation you will then have a 14 day 'cooling off' period. Once this 'cooling off' period has expired EMCAS will;

• Compose an initial letter to your Bank or Credit Card Company requesting a complete list of transactions and charges related to your bank account or credit card or copies of the last 6 years statements. The letter will instruct them to direct all correspondence and any questions or matters relating to the claim to your claims manager at the EMCAS claims office. Included will be an authority for EMCAS to deal with your complaint.
• Provide a copy of any correspondence for your own records.
• Review and calculate the amount to be refunded once details of the transactions and charges have been obtained from your credit provider.
• Act as an intermediary between you and your bank or credit card company including replying to and managing all correspondence relating to your complaint.
• Ensure that once a decision is reached and the claim successful that any refund offered has been correctly calculated and includes all aspects of the complaint.
• Refer your case to the Financial Ombudsman Service if your credit provider refuses the claim and we disagree with their decision. There is no extra charge for this service.

Under the Data Protection Act companies are allowed to charge up to a maximum of £10 for information that they hold on file about you and your account. This is known as a Subject Access Request Fee. So that EMCAS can establish on your behalf the full details of all penalty charges that you have suffered during the past six years you will need to pay your account provider this fee either by cheque or directly from your account. PLEASE NOTE: This fee is payable to the account provider NOT EMCAS.

Our agreement would come to an end and you would not owe us a penny. We will discuss with you what your options are and it may be that pursuing the case via the courts may be appropriate. If this is the case and you would like for us to continue to represent you then we will discuss with you alternative terms of business.

The Financial Services Authority includes in its Principles for Businesses: "A firm must pay due regard to the interests of its customers and treat them fairly". You, like any other customer, are entitled to bring a complaint if you feel you are being treated unfairly. You should not be prevented from bringing a legitimate complaint by the threat of having your account closed; nor is it fair or reasonable of the bank to respond to your complaint about charges by closing your account. Any bank which appears to have used the closure of the account as a retaliatory or punitive measure would certainly be viewed very dimly by both the Financial Services Authority and the Financial Ombudsman Service.

As a general principal banks are entitled to decide whether or not to provide banking services to any particular customer. That is a matter for their own commercial discretion.

Should you choose to instruct EMCAS to act on your behalf we will at all times endeavour to:

• Act fairly and reasonably in all dealings with you.
• Ensure that any service offered is one that meets your needs.
• Ensure that all information given to you is clear, transparent, fair and not misleading.
• Advise you to only pursue a claim if it is in your best interest to do so.

If you are not completely happy with our service, EMCAS would like to hear about it - that way, we can do something to put it right. Please contact the Customer Services Manager on 01803 697 541 or Email Us.

Yes you can. As with anything in life you may elect to "do it yourself" in the same way that you can prepare and file your own tax return without the use of an accountant, or buy and sell your own property without the use of a solicitor. Most choose to employ the services of someone who is an expert in their field.

EMCAS is a professional complaint handling company. We are one of the longest established operating exclusively within the financial sector. We aim to take away the hassle of making a complaint and undertake to deal with all aspects of your claim from start to completion making the whole process as painless as possible for you. Our track record speaks for itself. To date we have successfully won over 78,000 claims against financial institutions providing more than £150 million in compensation payments for our clients.

EMCAS have a comprehensive knowledge of Financial Services products, regulation, complaints procedures and the administrative procedures required to make a successful claim.