neil v MBNA

[ntomlinson8873]

Here we go.....

Subject Access Request sent off to MBNA today...I dont know how succesful with this one.

All i know is that I've had several cards with MBNA over the years and managed to incur charges on most of them.
The trouble is I no longer have records of the cards or the accounts as they were closed and paid off when I decided to sort my life and my finances out.

I've just asked for a Subject Access Request on any accounts I may have had with them....dont know of it'll work but its worth a try!

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[pj41]

Hi Neil,

Time will tell !!

Just wait until you receive the copy statements and have the oportunity to look at how much you've been charged.


Claim the lot plus the 8% interest.

Cheers


pj41

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[androobe]

Claim the lot plus your contractual interest, not 8%... from the date of the charge until now. They WILL pay it.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[ntomlinson8873]

Hi, Sorry for the delay....had Christmas in the way....back to business now.
I recieved my statements back on the 21st Dec and it looks like they have taken £252.50 in Late Fees over the years....not a lot but every little helps.
They also offered a goodwill payment of £140....i was going to write back and refuse this...asking for the full £252.50.

I was going to write back with my Preliminary request but can I claim contractural interest at this stage or do I wait untill I file a Moneyclaim?

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[ntomlinson8873]

Cheque arrived for £140 today....do I cash this as acceptance of part payment and claim the remaining £112.50 or do I send it back and claim the lot?

Any help much appreciated.

Thanks

[iwannabedebtfree]

you accept the cheque as a partial settlement only, and advise you will continue to recover the outstanding balance, did you request contractual interest as part of the £252.50?

if not , look at some of the threads in the MBNA section and also the general section on claiming contractual interest. MBNA pay contractual interest, so depending on your card you could ask for interest of up to 27% or even more.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[ntomlinson8873]

The £252.50 is just the amount that they have taken. i've read other threads when claiming from previous organisations and was under the impression tht contractural interest could only be claimed of the claim went as far as the small claims court.

I didnt think it was applicable if the organisation setled prior to court?

I will double check on the MBNA threads then and see of I can claim some more.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[iwannabedebtfree]

s69 interest (8%) is what is applied at courts, the alternative argument is that if they can make interest on your charges then so can you, and you can apply it earlier.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[ntomlinson8873]

thanks for the information. I shall try and apply the charges to the claim although i have already sent off my Prelim request letter, accepting the £140 as part payment and asking for the remainder to be paid forthwith.

If they do not co-operate then I shall claim the full ammount, with interest through Moneyclaim

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.