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!

[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

[androobe]

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

[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?

[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.

[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.

[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.

[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