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Sorry if this has been asked before. I have searched through the forum, but haven't found the answer.
I have a Sony card that used to run by BOS, I have been trying claim back all the charges from MBNA. They have offered me the difference between the £25 and £12 but only up till MBNA took over the card from BOS.
Are they just fobbing me off and I should carry on trying to claim from them? Or should I now try and claim the charges pre MBNA from BOS?
Thanks for your help
I would have thought that if MBNA purchased the account, it also is now liable for all liabilities - which means you claim for the whole lot.
If you have submitted a Subject access request under the Data Protection Act 1998 to MBNA for statements, did you get any Manual Intervention sheets.
If not reply, stating that you consider the SAR still to be fulfilled and that they will be in default of your request with an offence committed by them if 40 days pass from the date of your SAR submission.
The Manual Intervention sheets are very important, they can indicate which charges are an automated process (low cost) and those which involve human action on your account.
From my experience the majority of things like "late payment" and "over the limit" charges are fully automated, and thus as part of an overall IT billing system which deals with millions of computations, entries and so forth a month would cost a financial institution a matter of pence and not the £25 they levy against customers.
Thanks for your help. I did submitted a SAR and MBNA sent me a list of charges for the account including all the ones from when it was run by BOS. There was no Manual Intervention sheet with them though. Just pages and pages of my out goings and charges.
The funny thing is, not once has MBNA said that I need to contact BOS for any charges from before they took over the card.
I've just sent of the 'letter before court action' letter, still asking for the full amount, so will see what they have to say.
Hi if a DCA bought the debt they would be responsible for the charges so by my reasoning MBNA are responcible for all charges. When they bought out the sonycard they bought the duties and responsibilitys.
Also a bit of info with my sonycard they only photocopied the front of the agreement and no prescribed terms on that they folded on £5300 due to that little problem.
In the instance of a DCA, I have heard it argued in court that the original creditor is liable with relation to penalty charges as a third party shouldn't be held responsible for the unlawful actions of another.
However in this instance if MBNA has purchased all the account business of another company - then I would argue that they are also open to the liabilities of that business.
Sony card now MBNA
, I have been trying claim back all the charges from MBNA
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20/03/2008 settled in full out of court
