Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Damon999 Novitiate

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    Default Returned Payment Fee

    Hi,
    I have received a letter from MBNAicon regarding a direct debiticon that couldn't be processed. This is not very surprising as I cancelled the direct debit. My reason for doing so was that I had paid the balance in full and therefore didn't think there was a need for it, however, even though the balance was zero, they still attempted to take the £5 direct debit. As it wouldn't go through, they have now charged me £25.

    I spoke to them in the hope of receiving some sense and got the fee reduced to £12.50 when I mentioned that I would pursue it in court if necessary, but they wouldn't drop it entirely. They say that as the direct debit is set up until further notice, that I should have told them I had cancelled it. I foolishly thought that if the balance was clear that they wouldn't take it but unfortunately common sense did not prevail.

    What is my best course of action here?

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  2. #2
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    fivelaws Informative fivelaws Informative fivelaws Informative fivelaws's Avatar

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    Default Re: Returned Payment Fee

    I don't think it matters how the penalty happened. The charge is excessive.

    Follow the normal route; DPA, Prelim, lbaicon and court. Claim not just this £25 but all charges for the previous 6-years.

    That'll learn 'em!

    A&L: Settled - £6,200
    HFC: Settled - £800
    Shell Visa: Settled - £250
    Egg: Settled - £700
    Mint: Settled - £1200
    RBS: Settled - £850

    The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

  3. #3
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    surreyscouse Novitiate surreyscouse's Avatar

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    Default Re: Returned Payment Fee

    contact stuart johnson stuart.johnson@mbna.com or 01244 576317 and explain it was a genuine mistake, he'll refund the rest for you no probs, if not go through the formality of issuing lbaicon's and summons etc although deemed most likely.

    If you want to keep the account it is probably best not to mention sites like this as he may well close the account like he has done to a few other people on here.


  4. #4
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    Damon999 Novitiate

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    Default Re: Returned Payment Fee

    Lol, unfortunately, this is the first fee I've had applied to this card.

    I take it I should pay the fee before pursueing it any further so as not to affect my credit record.


  5. #5
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    Damon999 Novitiate

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    Default Re: Returned Payment Fee

    Thanks surreyscouse. I'll give that a go. I'm closing the account anyway so it would just save me having them trying to talk me out of it

    I had to admire the woman at the end of the phone. At the end of the conversation she explained about the balance transfer offer and would I be interested and then about a loan and she managed to sound serious about it.


  6. #6
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    Damon999 Novitiate

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    Default Re: Returned Payment Fee

    Well I don't know if it was the e-mail to Stuart Johnson or just that the customer service staff had second thoughts after my conversation with them but it appears I have had the £25 fee refunded to the account in full.

    Thanks for the help


  7. #7
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    Default Re: Returned Payment Fee

    Congratulations!!

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.


    "Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)



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  8. #8
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    Default Re: Returned Payment Fee

    Result!

    If nothing else, you now know the score - let your friends know; spread the word.

    A&L: Settled - £6,200
    HFC: Settled - £800
    Shell Visa: Settled - £250
    Egg: Settled - £700
    Mint: Settled - £1200
    RBS: Settled - £850

    The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

  9. #9
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    Default Re: Returned Payment Fee

    Easy ! Easy !


  10. #10
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    Damon999 Novitiate

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    Default Re: Returned Payment Fee

    Ok, little update.

    Stuart Johnson read and replied to my e-mail this morning so it must have been the customer services that refunded the charge, unless they were going to apply the reduced £12.50 at a later date.

    Anyway, Stuart Johnson said he will happily cancel the charge so I have sent him the details he needs to access my account just in case.

    Result either way.

    Thanks again

    Claim against HSBC for £1379.41 (incl overdraft interest charged and 8% interest)

    Data Protection Act request delivered 10/03/06
    Statements received 06/04/06 (for free)
    Initial repayment request delivered 18/04/06
    Poke it letter received 27/08/06
    Letter Before Action delivered 04/05/06
    Offer of £927.50 (all charges but not interest) received 18/05/06
    Unconditional acceptance and Final Letter Before Action (me being generous) delivered 30/05/06
    Poke it on all counts letter received 07/06/06
    Court Claim Submitted 11/06/06 (claim number 6QZ37645)
    Acknowledged 15/06/06
    Full offer made for £1499.41 and accepted 20/06/06


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE