MBNA cca response and trying to reclaim charges

[Wato]

Hi all,

 

Im currently on a repayment plan with mbna for my credit card and have been trying to reclaim the charges they have placed on the account,the story goes like I opened a credit card with mbna on the 3/1/2007 (online application form) lost my job a while later and then started missing payments and getting alot of charge placed upon the account (approx £350).

 

I sent a cca rquest and eventully recieved this response

 

a. A copy of your executed agreement

b. Your upto date terms and conditions

c. A copy of your most recent statment(which shows the state of your account) which has been signed.

 

as it was an online application there is no signiture just an electronic tick box

 

Is this a valid response to my cca request?

 

Since i'v been on the repayment plan I have not missed one payment in well over a year now so I sent them a letter asking them to remove the charges they had put on the account,all I got back was a letter saying they wouldnt with out any reason why.

 

After leaving it for a while iv decided to go ahead and push for these charges to be reclaimed,I sent another letter stating that I was disapointed with their response and that I feel they have left me with no choice but to go court

 

I recieved a letter today basicly fobbing me off saying they still will not refund the charges and they think they are valid and this is their final response to my complaint and they will not eneter into any further correspondence regarding this matter,and if I remain disatisfied then i may refer my complaint to the finacial ombudsman service.

 

I really was hoping I wouldnt have to go the court route but now im wondering If I have a leg to stand on as they seem pretty confident.

 

What should I do next??

 

thanks in advance for any help

 

cheers Wato

[Sand-Dancer0191]

put the account in DISPUTE

template letter in library

[maroondevo52]

Hi, Wato.

 

Credit Cards had nothing to do with the recent Court Case regarding charges, send them an LBA..................

 

[your address]

 

 

 

[their address]

 

 

[DATE]

 

 

letter before action

 

 

Dear Sir/Madam,

 

CARD/ACCOUNT NUMBER: xxxxxxxxx

 

Further to my preliminary letter of xxxxx with regards to charges levied against the above account,I note you have failed to respond and show no intentions of refunding the charges.

 

As indicated previously,I consider that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

Whilst I am mindful of the OFT investigation in 2006 of credit card fees,the OFT deemed that only a Court could determine the fairness of fees and so the £12 figure was only fixed as a guideline.

 

I make a further request that you refund to me £XXXXX plus £XXX which you have charged me in interest for the sums which you have taken. Total £XXXXX.

Additionally, you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I give you a further 14 days to comply,or else provide me with a full Breakdown of your costs in addressing any breach on my behalf,which demonstrate clearly that your charges are in proportion to your actual costs.

Failure to do so,will result in me issuing a county court claim for recovery of the charges plus section 69 interest and costs.

 

Yours faithfully,

 

 

[signature]

 

 

[print name]

 

 

text in red to be used/deleted as appropriate.

Sig is optional and needs considering especially where issues remain with outstanding CCA requests.

Include schedule of charges.

 

 

Regards.

 

Scott.

[landy_alert]

Hi Wato:)

 

I'm in a similar situation with MBNA and also recently requested a refund of all charges which they rejected outright. My account is in arrears by a significant sum.

 

I sent a LBA then put in a complaint to the FOS. Within less than a month the FOS said that MBNA have agreed to uphold my complaint and will refund all charges and interest

 

Very often the FOS are criticised and court is suggested as the preferred option, but in this case I cannot fault their handling of my complaint!

 

I would definitely recommend persisting - FOS or court, the choice is yours - as you must show them you will not roll over at the first hurdle.

 

Good Luck and let us know how you get on!

 

Landy x

[maroondevo52]

Good post, thanks for that Landy.

 

I agree, I had three good results using the FOS, what you have to remember Wato, you must get the Banks Final responce to your complaint.

[Wato]

hi,thanks for your response

 

what do i need to do to go down the fos route? The last letter I recieved was a final response letter so that has already happened, I hav already sent them a letter stating i would be willing to go to court so is there much point sending another?

 

thanks again

 

Wato

[Blossomandebony]

Hi, Wato,

 

I'd go for the court option now. Once you claim, they will refund you.

 

Over a year ago I sued MBNA / All & Leic for the third time, for the refund of charges, interest they charged and compound contractual interest.

 

Each time they have paid in full once it went to court.

 

On the last claim we had a preliminary hearing to sort out any remaining charges which hadn't been repaid. The rep from MBNA told me and the judge that it was their policy to pay back any charges that can be shown.

 

Their whole strategy is to fob people off and make them believe they will not win in court, thereby stopping most from putting in a claim. Once it gets to court, they cave in. Go for it!

 

BAE