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.
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I have just sent a SAR to MBNA. I have found a few old ststemtns, when I receive the rest and am totalling the charges do I just put in all charges and not the interest charge on the statement ie
3 Aug 2002 letter charge 5.00
3 Aug 2002 overlimit fee 20.00
3 Aug 2002 late charges 20.00
19 Aug 2002 interest charged 63.73
Would I put all those on my prelimimnary approach letter or leave out the interest and add it if I fill a MCOL
You can put in the first 3 but not the interest. The only interest you can claim for is interest applied on the unlawful charges (see the spreadsheets that have been set by Vampiress - if you can't find them PM a Mod or let me know and I will send you the link).
You can then decide to charge for full "contractual" interest (check on the MBNA site for the interest rate for your type of card) and add that at the lba stage, or go for straight 8% which you can add at the MCOL stage)
As your charges go back a bit, you will probably find the interest really bumps your claim up.
So would I be better filling the contractual interest and am I right in this being added in the lba and not the preliminary. Or as MBNA appear to be good at returning charges the 8% from the outset in the preliminary request.
You can either add the amount of the contractual interest at the lba stage or if you dont feel you can cope with the spreadsheet yet just state in the LBA letter that the amount of your claim does not include any calculations for contractual or other interest.
The 8% is a statutory levy and should only be used if you are reclaiming no other interest and then only at the MCOL stage.
From other MBNA threads it appears they are prepared to pay contractual interest on charges but ONLY if you raise the subject - they will not volunteer it.
I am about a week behind you with MBNA, so will keep lurking - shout if you need anything