how far to push?

[Agathachristie]

I am trying to reclaim credit card charges from MBNA. They only paid the difference between 12 and 35 pounds back. If I push them through the small claims court how likely is it that I will win this? Do they have to disclose the real costs?

[dpick]

I am trying to reclaim credit card charges from MBNA. They only paid the difference between 12 and 35 pounds back. If I push them through the small claims court how likely is it that I will win this? Do they have to disclose the real costs?

 

Hi MBNA like to quote the OFT report as if it is now law that all they have to repay is the difference between the £12 and the full charge they applied. All that the OFT say in the report is that they will not investigate charges of £12 MBNA and other credit card holders would like to have people believe that they are correct in just returning the difference they are not.

 

So yes you can claim the remainder back and if the try to defend this in court they would have to disclose the actual cost and we know the do not want to do this.

 

all the best dpick:)

[Agathachristie]

I got a cheque for the difference between 12 and 35 Pounds. On the cheque it states "not negotiable". Although I have written to them and told that I accept this as partly offer they have not replied but their own time limit. Is that cheque "not negotiable" binding and does that mean when I put it to the bank that there is no more chance to go to court for the rest of the money or is this not binding?

[dpick]

I got a cheque for the difference between 12 and 35 Pounds. On the cheque it states "not negotiable". Although I have written to them and told that I accept this as partly offer they have not replied but their own time limit. Is that cheque "not negotiable" binding and does that mean when I put it to the bank that there is no more chance to go to court for the rest of the money or is this not binding?

 

Hi not 100% on this but as far as I know if a cheque is crossed and marked "not negotiable" it means that you have to put the cheque in you own bank account, you cannot have another person cash the cheque for you. Same as "account payee only"

 

dpick:)

[steven4064]

What dpick has said is bang on. My advice - pay the cheque into your bank, write to MBNA accepting it as part payment only and carry on with your claim

[phatram]

And then wait for the letter putting your interest rate up to 34.9% 'cos you've claimed back charges.

Look at this,

http://www.consumeractiongroup.co.uk/forum/mbna/114133-great-mbna-virgin-interest.html

And be prepared.