MISS PICKLES V MBNA!!!(Sorry its a long one)***WON***

[misspickles]

Right, this ones a bit strange so will fill you in . . . .. This all started before I knew of this site or even knew that bank charges were unlawful . . . .

 

Was having problems with MBNA. They had pushed me over my limit with charges. I continued to pay every month, ie £50, but they were charging £50 plus £45 interest, so as you can see I didnt get better only got worse. Finally rang up in March to ask them to stop the charges and give me a chance to get account back in order. They said yes, but failed to do what they said they were going to do over next 3 months, still charging etc. 8 Phonecalls later and by early June had it sorted, with the charges since march refunded. So wrote a snotty letter to MBNA detailing my woe, unfufilled promises etc, and generally complaining about the service, also the fact that I thought their charges were unfair so as a good will gesture they should refund all of my charges since going over the limit in november, ie £200.

They replied said would get back to me by today, giving them 6 weeks to reply to me.

 

Incidently on my credit file I have got 00000 all the way through with MBNA so after finding this site I thought that since my record was good with them then surely I must not have accrued many charges, so left the service letter to it. (ie didnt issue SAR etc)

 

SO I get a reply to my complaint letter today. Bearing in mind I knew nothing of this site when I sent it so It was just a complaining letter. They have apologies for the numbskulls that were supposed to help me. THEY HAVE ALSO INCLUDED THIS, AND I QUOTE:

 

"With regards to your concerns at the fees applied to your account we have complied a list of charges that have been applied over the last 6 years. A copy is attached for your review. YOu may know that the OFT bla bla and MBNA disagrees bla bla however we have decided to reduce our fees to £12 bla bla. With this in mind I have now credited your account with a further goodwill payment of £656.00 in full and final settlement of your complaint. this amount represents the amount of fees charged in excess of the recommended £12 per fee. I trust this response meets with your expectations. If you have any further queries please contact bla bla.

Yours, MBNA.

 

Ok. SO a) Am gobsmacked that actually what they are saying is that my actual charges are probably in the region of £1300, and this is the card where i thought i had hardly any!

b) they say it is in full and final settlement, but havent asked me to sign to accept this. Should I just let them credit my account? If I let them credit my account can I still start from scratch to reclaim the full aount of my charges, plus the interest, which must be a lot over 6 years? I mean they say its in full and final but they havent asked me if i agree have they?

c) they didnt send me a list of their charges even though they said they did. Im not too worried though as would rather have copy statements so can work out interest. Should I kick off and get this list of charges though?

 

Right if youve read to the end of this, thanks! any opinions greatfully received as I dont want to let this opportunity to pass me by,

Miss P x

[VeryTrying]

This sounds interesting! First random thoughts are:

 

1. As you say, ask them for the list of charges they forgot to include in their letter. At the same time you might like to ask them to calculate the interest you have paid on those charges (because you will want to claim that back as well).

 

2. Advise them you are happy to accept their goodwill payment but you will be requesting the balance of your charges and interest be returned.

 

3. Their letter says 'a FURTHER goodwill payment'. Is it another payment, or only the one. Do you think they mean it's in addition to the refunding of the charges made since March?

 

4. When you make a full Data Protection Act request, they don't have to send you actual copies of the statements, only the information contained in those statements, perhaps in another form. They seem to be sending everybody just a list of the charges which have been applied. Most people seem happy with that, but some prefer to go for the full disclosure.

 

5. If they send you the list of charges (and interest) you might like to get straight on with the standard repayment please letter, less the £650 refunds they have already made. When you put the charges and refunds into the spreadsheet, put the refunds against the most recent charges, so that you maximise the interest you are owed. However, if you decide to claim interest, you can claim for the period from the date of charge to the date of refund (but I don't know how you will work this out, sorry).

 

Is that enough for starters to get the ball rolling? Good luck.

[Glenn UK]

Agree with most of what has been posted above.

 

Only thing to add is that you should follow the step by step guide in the FAQs, if you do then if you have any problems further down the line it is less likley you will incur signficnat delays.

 

If you dont sned the right letters i could backfire should they change their attitude to claims.

 

HTH

 

Glenn

[misspickles]

This sounds interesting! First random thoughts are:

 

1. As you say, ask them for the list of charges they forgot to include in their letter. At the same time you might like to ask them to calculate the interest you have paid on those charges (because you will want to claim that back as well).

 

2. Advise them you are happy to accept their goodwill payment but you will be requesting the balance of your charges and interest be returned.

 

3. Their letter says 'a FURTHER goodwill payment'. Is it another payment, or only the one. Do you think they mean it's in addition to the refunding of the charges made since March?

 

4. When you make a full Data Protection Act request, they don't have to send you actual copies of the statements, only the information contained in those statements, perhaps in another form. They seem to be sending everybody just a list of the charges which have been applied. Most people seem happy with that, but some prefer to go for the full disclosure.

 

5. If they send you the list of charges (and interest) you might like to get straight on with the standard repayment please letter, less the £650 refunds they have already made. When you put the charges and refunds into the spreadsheet, put the refunds against the most recent charges, so that you maximise the interest you are owed. However, if you decide to claim interest, you can claim for the period from the date of charge to the date of refund (but I don't know how you will work this out, sorry).

 

Is that enough for starters to get the ball rolling? Good luck.

 

Thanks for that Verytrying,

1)would they work out the proper amount of interest for me? Or would they try and minimise it?

2)Do you think I need to write to them accepting the goodwill offer, as they havent asked me to? Or shall I just let them credit the account then start from scratch with them?

3) I think it is referring to the refund of charges made since March

Many thanks for your answers, this one has thrown me a bit coz for all my others i did it following the step by step, at the time of sending my complaint letter i had no idea about this fab site, so have got a bit confused now. Basically I want to be able to accept this money without signing or actually agreeing to accept it so that I can start from scratch with them and follow the process to get the rest back but in the meantime have this credit on my account. Do you think I could do that?

[misspickles]

Agree with most of what has been posted above.

 

Only thing to add is that you should follow the step by step guide in the FAQs, if you do then if you have any problems further down the line it is less likley you will incur signficnat delays.

 

If you dont sned the right letters i could backfire should they change their attitude to claims.

 

HTH

 

 

 

Glenn

 

thanks Glenn!

[Glenn UK]

Thanks for that Verytrying,

1)would they work out the proper amount of interest for me? Or would they try and minimise it?

 

Its worht pointing out that you are setting off on a route where you may end up in court suing them. Its best your do your own work as to exactly how much you think they owe you including any interest you may have paid as a result of illegal penalites.

2)Do you think I need to write to them accepting the goodwill offer, as they havent asked me to? Or shall I just let them credit the account then start from scratch with them?

 

Personally i believe you should write to them accepting their goodwill offer as part payment to be set aganst what you owe. also you should confirm your intention to proceed with your claim to court if necessary. As much as you not feel very happy with the MBNA when you take somoen to court you shold act in goof faith and basically this means being relatively open and transparet in your dealings with the other side. Argue and disagree all you like but do it politely and without any malice. If you dont tell them what you are doing, then how will they know you have effectivley rejected their offer?

If they reject a submission you mkae, they wrote back (typically) and tell you to so.

3) I think it is referring to the refund of charges made since March

Many thanks for your answers, this one has thrown me a bit coz for all my others i did it following the step by step, at the time of sending my complaint letter i had no idea about this fab site, so have got a bit confused now. Basically I want to be able to accept this money without signing or actually agreeing to accept it so that I can start from scratch with them and follow the process to get the rest back but in the meantime have this credit on my account. Do you think I could do that?

 

Hope that helps

 

all jmho

 

Glenn

[tamadus]

I would write back to them accepting their offer of PART payment and reserving the right to take legal action for recovery of the outstanding amount.

 

Send an SAR along with the £10 payment as you need the data to be able to calculate the amount of interest they have charged you over the years on the charges. I then phoned their advocate department and asked them to confirm the amount of charges and interest paid, which they did in seconds (they have a spreadsheet for just this purpose). Then make a claim for the full amount + interest less the interim payment they have already offered.

[Guest Zooman]

I would write back saying.

 

Dear xxxx,

Re: There ref.

 

I have received your letter of date and note your position.

 

In regard of £656.00 in full and final settlement of my complaint.

 

I say clearly and without hindrance that I do not accept £656.00 in full and final settlement of my complaint and have agreed nothing of the sort in writing or verbal.

 

I will accept £1,300 (zoo: you know the full amount) in full and final settlement of my complaint on this account.

 

If you do not accept my offer I will commence court proceedings to recover the the full amount in 7 days.

 

Please advice of your position.

 

Yours faithfully

 

XXXX

[Guest Zooman]

This way it matters not if they leave the money in the account or not. just start proceedings for the full amount and let them say in the defence that they have already made a part payment and as such admitted liability, they may even lodge a counter defence (but I doubt it) that will force them in to court .

[misspickles]

hello,

thanks zooman. sent a letter yesterday accepting the refund as part settlement to the as yet unknown amount. Also included a DPA SAR so I can find out exactly how much these people have had off me! hopefully they will be prompt as i want to get this one underway!

Will keep you posted

Miss P x

[misspickles]

30 days to go . . . .

[tamadus]

WOW this is so much like the problems I had with them and at about the same time.

 

I had some difficulties as a result of my divorce and contacter MBNA along with all my other creditors and notified them there were going to be problems. They agreed to waive charges and shortly after Christmas 2005 they agreed to waive Interest. Instead of which they took every opportunity to add charges onto 2 accounts, even to the point of refusing to agree a debt management plan through CCCS ( although they sdtill accept the reduced payments).

 

I did an SAR and calculated the charges and interest, as a double check I phoned them up and asked them to verify interest on charges for one account and they made it £140 more than I had.

 

I subsequently sentmy prelim letter in and got the token goodwill gesture of £175 for one account( total is over 700) and £950 on the other account ( total 0ver 2000).

 

In addition they have passed the accounts to a DCA and registered defaults against me.

 

I have just issued proceedings on the smaller account reclaiming the full amount + reciprocal interest up to date of settlement. The larger account I am ready to issue on. I am NOT deducting the goodwill gestuire as they stopped sending me statements and I have no way of checking its been made, so if they disagree with the claim amounts they can come to court to argue it. I am also asking the court to order complate removal of adverse data and the default notices with the reference agencies, as I believe the problem was seriously exacerbated by the charges. Lets face it an account with a balance of approx 4000 and over 2500 in charges and interest has to cause problems.

 

I am also not accepting them making a sundry credit back into my account. As far as I am concerned I made payments which they swallowed up in charges so any refund back to my account has to be as a payment not a credit, this will bring both accounts back into a good payment history.

 

Go for the throat MissPickles, I intend to

[misspickles]

Ok well got reply to my SAR full list of charges. Also a letter offering a full refund of all my charges - yippee! but I have sent back today a pre lim requesting my charges plus interest that they have charged on them at 14.9% . . it adds an extra £400 on . . i want it all back not just part of it! So will wait and see what happens!!

 

Miss P x

[misspickles]

ok since last post I have sent my LBA and they have responded giving me a full refund of charges. However they are not budging on the interest that I have paid on these charges. So should I MCOL the interest on the charges? The total comes to about £400. Can I do it or am I getting into a sticky spot?

 

Any advice please?

 

Miss P x

[misspickles]

Hi guys

 

just to let you all know that today I received my final refund from MBNA onto my account - so total refund from them = £1784! Its took a little longer than some due to my personal circumstances but im chuffed to bits to say that IVE WON!!!

 

Miss P x

 

Donation on its way x x x

[MARTIN3030]

WOW Congrats !!!!

Thread moved as requested and duly recognised in the title.......looks like you have your work cut out with a few other claims !!.......Go get em Miss P