SBC v MBNA - Unbelievable!

[Stillborn Crisps]

I've been an MBNA customer for almost 9 years.

 

Today I found that due to being late by 3 days in a payment (I was on holiday abroad) they've charged me a late payment fee. I've never had one before as I clear the balance every month.

 

I phoned them to query it and try and get it lifted but the woman refused. I said in that case please cancel the card, expecting her to back down (I've done this once before on an interest payment (due to being one day late, and before they applied penalties). But she went ahead and did it right away, without question, or any attempt at reasoning!!!

 

I can't believe MBNA are prepared to lose a long standing customer over £12! But better off without them if that's their level of customer service.

 

My question now is, am I able to claim the £12 penalty fee back? It's not like I can use the threat of court as it's such a low amount.

 

Any advice, please??????

[standingupformyself]

Oh yes you can, and oh yes you should. As it is the only charge you should start right away and send off the prelim letter,

AS the account is pretty old, send them a CCA request too! If they want to play petty then so should you. They will not have the agreement, and I am sure you will see your twelve pounds back.... eventually!

[Stillborn Crisps]

Thanks standingup, you've got me all fired up now.

 

Should I send the CCA as a seperate letter, or merge the LBA & CCA into one letter?

 

What fun can I have when they can't find the CCA, btw? I've got nothing owing on the card other than this month's balance of a few hundred pounds.

[Goldlady]

Oh what a shame SC - they couldn't find my CCA and I owed them £10K:D

 

I think you should send the CCA as a separate thing - otherwise you will just confuse them - they are easily confused;)

[standingupformyself]

The theory is:::: If they cannot produce the CCA then the debt is not enforceable... they know it, you know it but they try to enforce it anyway... But the bottom line is that it certainly does help in your quest to receive any charges back. Personally I got all of mine back, plus contractural interest without even issuing a summons...

Yes, send the CCA seperately, with £1 postal order, or cheque and enclose a copy of ID just because they can be difficult about these things, adapt the CCA letter slightly to mention that you have enclosed it. Send it recorded.

Keep in touch xx

[Stillborn Crisps]

Coolio - I've just sent off the CCA request, the prelim letter, and a letter expressing disgust at their level of customer service.

 

When they can't provide the CCA what fun can I have? I've already paid the card off, but am I able to report them to anyone?

[standingupformyself]

As you have already paid the card off...... not as much fun as if you had a balance! But it just means that without that agreement, any debt in unenforceable, they know it, and we know it.... aaahhhh the feeling of power.

It seems to make any claim you have with them so much stronger, they are very silly people

[Stillborn Crisps]

Had a response letter today, though it doesn't say to which of the 3 letters they are referring.

 

Just says: we are investigating your complaint and will give a response by 05 December.

 

I gave them 14 days in my prelim letter to pay back the £12 fee. Shall I still send a LBA as planned on 20th November or wait for their reply?

 

Also, I think this means they're ignoring my CCA request. What letter do I send them next for that and how serious is it if they ignore the 12 working days to supply it? (12 working days from when I sent it is 22 Nov, so need to send next CCA letter then)

[shane5408]

Had a response letter today, though it doesn't say to which of the 3 letters they are referring.

 

Just says: we are investigating your complaint and will give a response by 05 December.

 

I gave them 14 days in my prelim letter to pay back the £12 fee. Shall I still send a LBA as planned on 20th November or wait for their reply?

 

Also, I think this means they're ignoring my CCA request. What letter do I send them next for that and how serious is it if they ignore the 12 working days to supply it? (12 working days from when I sent it is 22 Nov, so need to send next CCA letter then)

Hiya,

 

you should always stick to your original timelines

 

Did you pay off the account completely? And have they now closed the account down?

 

regards,

shane

[Stillborn Crisps]

The account is now closed and I think there is about £10 or £15 outstanding which I'll get notified of in this month's bill.

[Stillborn Crisps]

I got another MBNA letter at the weekend from our old friend Rachel Claridge. It seems she's been up to her old tricks again sending out copies of the 'Our Commitment To You' leaflet, and saying they'd give me a full response on 05 December.

 

So as Shane5408 suggested, I'm going to post the LBA to her tomorrow.

 

Can anyone suggest what I send them regarding ignoring the CCA request? Shall I just send them a letter denying any debt to them in the absence of them supplying it? (Like I said, there's about £15 owing on the card ;o )

[Monty2007]

Hi

 

For this amount, I would suggest the FOS route, it will cost MBNA £400 and you will get your £12 back!

 

I went through the FOS with Barclaycard and it took 3 months but have a full refund of £700 + 8% interest.

[Stillborn Crisps]

Thanks Monty - but what's the FOS route????

 

BTW the £1 cheque for the CCA has deffo been cashed.

[steven4064]

I disagree about the FOS route. The court route is much more fun and, as its a credit card claim, it won't get stayed. The CCA request probably won't give you anything concrete as the account is effectively paid off. However, I think we have a duty to hassel these people to show them they cannot walk all over us!

[Monty2007]

Thanks Monty - but what's the FOS route????

 

BTW the £1 cheque for the CCA has deffo been cashed.

 

For details about the The Financial Ombudsman Service see: Financial Ombudsman Service you can download their complaint form and fill it in and either print out or e-mail. You will need supporting documents but its a lot, lot easier than the court route and you get the same result.

 

Essentially, the FOS have an agreement with the credit card companies to resolve the account charge and penalty issues through either (i) the CC companies justifying their charges or (ii) refunding these monies plus interest at 8%. They have always gone for the latter and do settle since this what came of their "gentlemens agreement".

 

Although the FOS is a financial mediator & sponsored by the financial industry each complaint incurs a £400 on the company that is being investigated.

 

I went through the FOS for Barclaycard and it worked, infact I just got my refund today! (yipee) it takes typically 2-3 months since they have a massive workload. I went through the court route for Cap 1 and it is also taking months and a lot more hassle.

 

I do not agree that the court route is "more fun", though I suppose it comes down to what floats your boat. I just wanted to get my cash back and also get Barclaycard a nice fine for being obstructive, difficult and downright deceptive! I found bringing that to the FOS attention "fun".

[Stillborn Crisps]

Court route would be 'more fun' if I had the time and a serious amount owing, but as I don't I think the FOS sounds the better route.

 

If they come back and refund the fee while I'm still organising the FOS stuff do I have to give up the FOS route? Ie is this just used to get money back, or is it a proper complaints proceedure too?

[Stillborn Crisps]

Ok, need advice now guys. As predicted, MBNA have sent instead:

 

• Copy of the Original Credit Card application (yes, they even admit it's an application, not an agreement in their letter )

• Terms & Conditions

• Recent statement of account

 

Please have a look at the 4 scans below and confirm this if is unenforceable.

 

 

 

 

 

If this is unenforceable what is the next letter I send?

I just received my final bill and there's only £12 odd owing on it. :-/

[Stillborn Crisps]

RESULT!

 

Got a letter from MBNA today saying as a 'courtesy' they were refunding the late fee of £12 and setting the balance to zero!

 

Shame they didn't want to be as courteous when I phoned them up to request it originally, or they'd still be making money out of a customer of 9 years.

 

I suppose my previous question about the legitimacy of the scans I've posted is irrelevant now? Or can I still insist they provide me with the agreement that they should (but obviously don't) hold? Is there anyone I can complain to about them not having it?

[steven4064]

It depends on whether you might wnt it in future - once the account balance is set to zero, s77(1) and s78(1) no onger apply so they don't have to send it to you.

 

But well done on the win.

[Stillborn Crisps]

Thought that might be the case.

 

How about the complaining/reporting side of things?

[steven4064]

You can make a complaint to the FSO without having the signed agreement