Contact us
Get Flash to view the full animation
Home » FAQ » Credit Card

Credit Card FAQs

Credit Card Claims

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


   

Am I eligible to make a claim for a refund?

If you have ever been charged for being late with a payment or exceeding your credit limit then you may be eligible to claim for a refund of those charges.

Get in touch so that we can establish whether or not you too may be eligible for a refund.


   

How much of a refund can I expect?

We will endeavour to claim a full refund plus interest of all the charges your Credit Card Provider has applied to your account within the last six years. The only proviso (and it is a small one) is that any refunds awarded will be initially be used to pay off any balance on your account.


   

How will I know if the award is fair?

You can be assured that we will be acting in your best interests at all times and we will always endeavour to maximise the amount we recover for you. Remember, we are no win, no fee* therefore it is in both our interests to push for the maximum amount applicable to your case.

We check all calculations thoroughly to ensure that they are compliant with the Financial Services Authorities rules, we also regularly dispute offers made by companies when we feel that they are insufficient and as a result of our actions the offers have often been increased.

*Subject to a fee in the event of termination if requested by the client or caused by the inaction of the client – see Clauses 3 & 7 of our Terms of Engagement, which is provided in our initial information pack.


   

What does NO WIN NO FEE mean?

EMCAS work on a NoWin, No Fee* basis, so you will only be charged by EMCAS if your complaint is successful and you receive compensation as a result. 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 up to the point of cancellation.

*Subject to a fee in the event of termination if requested by the client or caused by the inaction of the client – see Clauses 3 & 7 of our Terms of Engagement, which is provided in our initial information pack.


   

How much will I pay for the services of EMCAS?

EMCAS charge 25% + VAT (30% inc. VAT) of any refund gained on your behalf.

Example 1

Example 2

Example 3

Debt on Account

£1,000

Debt on Account

£500

Debt on Account

£100

Refund Amount

£600

Refund Amount

£600

Refund Amount

£600

Balance Reduction

£600

Balance Reduction

£500

Balance Reduction

£100

Cash to Client

£0

Cash to Client

£100

Cash to Client

£500

EMCAS' Fee @ 25%

£150

EMCAS' Fee @ 25%

£150

EMCAS' Fee @ 25%

£150

VAT @ 20%

£30.00

VAT @ 20%

£30.00

VAT @ 20%

£30.00

Total Fee: £180.00

Total Fee: £180.00

Total Fee: £180.00


   

If I instruct EMCAS to act on my behalf what happens next?

Before EMCAS start your claim we will provide you with written correspondence detailing our service and our Terms of Engagement. Once you have signed and returned our documentation you will have a 14 day 'cooling off' period in which you can cancel the agreement, however we will start the ball rolling immediately by contacting your provider in order to avoid any time constraints being applied to your case. EMCAS will:

  • Compose an initial letter to your credit provider requesting a complete list of transactions and charges related to your account or copies of the last 6 years statements.
  • Instruct your credit provider to direct all correspondence and any questions or matters relating to the claim to your claims manager at the EMCAS claims office.
  • Provide copies of 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 and managing all correspondence relating to your complaint.
  • Ensure that once a decision is reached and the claim is 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.

   

Why does the company I am claiming against charge for the information needed to make a claim?

Under the Data Protection Act companies are allowed to charge up to a maximum of £10.00 for information they hold on file regarding you and your account. This is known as a Data Subject Access Request Fee. In order for EMCAS to establish exactly how many charges you have incurred during the last 6 years you will need to pay the account provider this fee to obtain this information. This can either be paid by cheque, directly from your account or via the telephone on your nominated debit or credit account.

PLEASE NOTE: This fee is payable to your account provider NOT EMCAS.


   

What happens if the Financial Ombudsman Service does not uphold by claim?

Our agreement would come to an end and you will not owe us a penny.


   

Could the Bank close my account?

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 make a complaint if you feel you are being treated unfairly. You should not be prevented from making 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 discretion.


   

Will this action affect my credit rating?

No, you are claiming for a refund of money which is yours anyway so it will not affect your credit rating.

   

How long is the whole process likely to take?

This depends on the complexity of your case; it can take anything from a few weeks to several months. However long your claim takes we will keep you fully informed via telephone and post every step of the way.


   

What can I do if I am unhappy with the service?

During the process of your claim EMCAS will at all times endeavour to:

  • Act fairly and reasonably in all our 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 only to pursue a claim if it is in your best interest to do so.

At EMCAS we pride ourselves on making sure our customers receive the best possible service. If you are not completely satisfied with the service provided by EMCAS we would like to hear about it – that way we can do our best to put it right. If you have any complaints please contact our Customer Service Manager on 01803 697541 or by email at complaints@emcas.co.uk.

For full details of our complaints procedure please click here.


   

Can I claim independently?

Yes you can. As with anything in life you can 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. However, most people choose to employ the services of someone who is an expert in their field.

EMCAS is a professional, regulated claims management company. We are one of the longest established companies and as such we are one of the industry leaders. The whole purpose of our claims procedure is to take the burden of making a complaint completely off your shoulders. We therefore undertake to manage all aspects of your claim from start to completion, making the whole process as hassle free for you as possible.

Our track record speaks for itself. To date we have successfully secured more than £250 million in compensation and refunds for our satisfied customers. Currently more than 7,000 new clients a month choose to use EMCAS' services.


   

Links to External Websites

We may provide links to external websites via our own website. EMCAS is not responsible for the content of any external websites. Any external links that we may use to other websites are purely provided for the convenience of the user.

The inclusion of any link to an external website from our website should not be understood to be an endorsement of that website, the site's owners, their products/services or the views or information provided by that website.

We cannot guarantee that the external links provided will work all of the time nor do we have any control over the availability of any linked pages.

Latest News