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MBNA Credit Card action to date (Advice needed please)


Topaz2
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Back in August I paid my MBNA CC in full albeit 2 days late and incurred a £12 late payment fee... they have put the fee on every month and it has now accrued to £67.74.

 

I sent them the template letter stating their charges as unlawfull and giving them 14 days to respond. Received this response-: MBNA response to legal action.doc

 

I'm not entirely sure of the next course of action; they are sticking to their guns and saying they are above board with all charges levied.

My case is perhaps different from those that have already paid out and look to reclaim their money back, as I have not yet paid them and don't intend to. Because of this, will it still be acceptable or necessary at this stage to take the issue to court in order to get the charge cancelled? (They indicated in an earlier letter I would be also be subject to adverse credit rating if an ammount was not paid.)

All advice will be most welcome as to the next step recommended.

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Guest louis wu

As always, the advice is to be very sure of what your doing.

 

This process is not complicated, but does need to be understood, as mistakes made at any stage can be very costly (in time and money) later on.

 

Have another good read of the FAQ's

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

especially these bits

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

it's gives all the basics.

 

It doesn't matter if you have paid this amount or not, I assume if you haven't, you are having charges added to it every month.

 

then have a good look at the MBNA forum

http://www.consumeractiongroup.co.uk/forum/mbna/

 

and get to grips with the issues are are facing in the same position as you.

 

I cannot stress how important it is to have a good understanding of this before you start. You will get help and support every step of the way, but ultimately it will be you in front of the judge, and although it's not as bad as it sounds, you will be grateful for all the research you put in now.

 

Have a good read, ask questions (but try to find the answers first, it's more rewarding and memorable if you find the answers yourself) and good luck.

 

I would consider paying the outstanding (claimed ) amount if you can, as it may save you a lot a problems and time later on.

louis

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Hi Topaz,

 

Just to add to Louis' comments, if you want to keep (and use) the card, pay the amount oustanding if you can afford to.

 

If you're not bothered or can't afford it, you could leave the debt unpaid and it will be cleared when your reclaim is resolved. There are provisions in the OFT Debt Collection Guidelines (see Section 2.8 i and k in the OFT link below my name) which are relevant.

 

MBNA have to properly investigate your claim that chgs are unlawful and cease collection activity until it's resolved.

 

You WILL get the charges back.

 

I'll get your thread moved to MBNA sub-forum.

 

Slick

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Thank you to both Louis and Slick for your advice. My apologies for the the late reply....on top of everything else I have incurred a PC prob and was not able to get online......I need to read the stuff recommended and could have done with out the PC probs.

Many thanks guys

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