Thread: SBC v Virgin Card (MBNA) **WON**

Originally Posted by Stillborn Crisps

Should I phone them and ask why they've not replied and explain I'm about to file a court claim if they don't credit me by the end of the day?

You could try that. Otherwise, moneyclaim (or file using a form N1 in your local court) is the way forward. Alternatively, you could complain to the fos.

20th Jan is only 10 days away, so perhaps it is worth waiting. Don't hold your breath though

Curses..... I have received a reply saying that they're not going to give a refund (for £12 flippin' quid!!!).

So, given the low claim amount and the fact they didn't reply to the prelim letter, I've drafted up one final request with a little sting in the tail - that I will cancel my account with them (which I will gladly do). It's all standard text at the top of the letter - I put my own wording in about half way down.

Please could someone glance over it before I send it tomorrow, I don't want it to go against me if I have to take it to court (which I will do if I get rejected again) - please let me know your thoughts.

Thank you for your letter dated XX.XX.XX explaining that you are not prepared to refund the £12 late payment charge you applied to my account on XX.XX.XX.

I now understand that the regime of fees which you have been applying to my account in relation to late fees are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am writing to ask you one final time to refund me this charge. I require repayment in full of this money.

Failure to comply will result in me cancelling my card and account with you. Regardless of the OFT guidelines and your own standard policies referenced in your letter, if you do not see maintaining good customer relations as motivation enough to refund a £12 charge then perhaps my custom is better suited with one of your competitors. As I'm sure you are aware there are hundreds of lenders besides VirginCard/MBNA who I can swap to and this is something I will do without hesitation.

Additionaly, if you do not comply fully within 14 days (i.e by XX.XX.XX), I shall begin a court claim against you for the full amount plus interest, plus my costs, without further notice.

I am confident that like many thousands of others I will win such a case. A favourable outcome for me would only go to highlight the unnecessary nature and futility behind your decision.

Yours sincerely, etc......

Don't use MCOL. Firstly, the case will get stayed automatically even though it is not a bank charges claim and, secondly, there is not enough room on the form for a proper particulars of claim and you can't attach your schedule and it gets transferred to your local court anyway. Much better to go straight to your local court.

N1

Warning - you can fill it in on your computer but not save what you have filled in. My advice is do everything in word and then cut and paste onto the form and print. THe Particulars of Claim can be done on a seperate sheet and the word 'attached' written on page 2 of the form.

Every victory is a victory, no matter how small - Well Done!

No, I still kept the Virgin Card in the end as they did refund me albeit through gritted teeth.

I'd previously had an actual MBNA card where the same sort of thing happened but they steadfastly refused to refund £12 even as a gesture of goodwill, so I did dump that one, then successfully claimed it back, then wrote them a letter saying 'you just lost a 10yr customer over £12, and you didn't even get to keep the £12, ha haa' sort of thing!