Mbna

[Bazooka Boo]

These guys will hopefully be of more assistance, and they pass your complaint direct to the OFT & TS.

Consumer Direct - Contact us

[woody1066]

I dont know if this has already been posted but:

 

Reported in the Newcastle Evening Chronical recently:

 

A lady died this past September and MBNA billed her for October & November for thier annual service charges on her credit card and then added late fees and interest on the monthly charge.

 

A family member placed a call to MBNA:

 

Family member:

 

"I am just calling to tell you that she died in September"

 

MBNA:

 

" The account was never closed and the late fees and charges still apply"

 

Family member:

 

"Maybe you should turn it over to collections"

 

MBNA:

 

"Since it is 2 months past due, it has aready been"

 

Family Member:

 

"So, what will they do if they find out she is dead?"

 

MBNA:

 

"Either report her account to the fraud division or report her to the credit reference agency, maybe both"

 

 

Family Member

 

"Do you think God will be mad at her?"

 

MBNA:

 

"Excuse me?"

 

Family member:

 

"Did you just get what I was telling you.....The part about her being dead?"

 

MBNA:

 

"Sir you'll have to speak to my supervisor"

 

Supervisor gets on the phone

 

Family Member:

 

"I'm calling to tell you, she died in September

 

MBNA:

 

"The acount was never closed and the account charges and late fees still apply"

 

Family member:

 

"You mean you want to collect from her estate?"

 

MBNA:

 

"(Stammer) are you her solicitor?"

 

Family member

 

"No I'm her Grandson"

 

MBNA

 

"Could you fax us a certificate of death?"

 

Family member:

 

"Sure"

 

(fax number is given)

 

After they get the fax

 

MBNA:

 

"Our system just isnt set up to deal with death. I dont know what more I can do to help"

 

Family member

 

"Well if you figure it out great! If not, you could just keep billing her.

 

I dont think she will care"

 

MBNA:

 

"Well the late fees and charges still apply"

 

Family member

 

"Would you like her new billing address?"

 

MBNA:

 

"That might help"

 

Family member:

 

"Heaton Cemetry, Heaton rd, Newcastle upon Tyne, plot 1048"

 

MBNA

 

"Sir thats a cemetary"

 

Family member

 

"Well what the F**k do you do with dead people on your planet?"

 

MBNA were not available for comment when a reporter from the Newcastle Evening Chronical rang

[babybear39]

Read similar one's like that before, absolute cassic

 

The best one I've read the family member asked the call centre monkey if he thought St Peter already had enough to do without carting sackfulls of stoopid DCA letters to GOD

[Dodgy Geezer]

Woody, that is such a sad reflection of Britain in 2010.

 

Babbybear39, If god REALLY existed, hes doing a p*ss poor job.

[babybear39]

No he's not DG. Look at all the rich people

[woody1066]

I have a claim with the FOS about charges on my MBNA credit card. They have admitted that they have overcharged me by £1800 but tell me that they want to deduct this from the balance of my card (APPROX £2500). I am led to beleive that they can only deduct from notified arrears (In my case around (£250).

 

Is this the case? If so how do I fight this?

 

I also have a claim for missold PPI but they have put that on hold

[dx100uk]

they shouldn't be holding any ppi reclaim either......

 

on the charges front, you are correct, they can only offset arrears.

 

havea word with your last FOS contact

and explain you think its unfair as you have other creditors that also need a fair share.

 

dx

[woody1066]

Thanks dx (I guess your a radio ham by that name) I have just spoken to my adjudicator at the FOS and he tells me that it is perfectly ok for them to do this as "It returns my account to the state it was before they made their charges" He said that it was also ok for them to have placed my PPI claim on hold because "The court is a higher authority".

 

I need some solid laws or guidelines to fight this.

[woody1066]

I guess that thats that then!

[woody1066]

Its seems that it is ok for MBNA to offset.

[dx100uk]

it is also an ADJ you spoke to , not the ombudsman you can appeal.

 

both the FSA and the FOS are down on record saying that PPI claims should be processed as normal and the banks are ussig this as an excuse..

 

as for the charges...

 

if the debt has been sold, you get the refund.

 

if its an active account then yes they come off the balance

 

although the ADJ is NOT be all and end all, just like judges there are good and bad.

 

 

dx

Edited June 9, 2011 by dx100uk
clairification

[woody1066]

Sorry to generalise. if you could just supply me with the liks that pertain to the FOS saying that it is not ok to offset and that it is not ok to put ppi calims on hold then I ca take the fight to them

[dx100uk]

try the fos website and their pdf's

 

this is a self help site too

 

dx

[woody1066]

I have spent all morning trawling through the FOS site and other organisations to try to find where it states that they can only offsett against notified arears and have come up with nothing. In fact I posted on the Martin Lewis site and two of their moderators tell me that the FOS adjudicator was totally correct. I really need a definate answer to this as it makes a huge difference to me.

[woody1066]

Well the silence on here is deafening. I am not having a go at anybody. In fact I love this site and trust the advice and help that I have been given here. But I really need an answer to this. Can MBNA offset the refund on charges against my credit card balance? If (as has been stated here by a moderator) they should not be doing this then could someone please supply me with the evidence of this. I am more than willing to do my own research but I have found nothing to back this staement up. I am more than desperate to get these charges back, a refund on the credit card that they have not renewed for 4 years is no help to me at all.

 

Once they refund the missold PPI this will reduce my balance to more than zero and will put me into credit.

 

I can imagine that I am not the only person who is awating the definutive answer to this.

[dx100uk]

i am researching the answer but as this is a voluntary site and i've got a major freeview switch over [the 2nd largest in the uk] going on in little over 1 hour, my time is limited.

[yes you guessed right]

 

please refrain from continually slapping people and demanding help

 

and im not a mod i'm a site helper that give their time freely

 

now i was going to ask for a history of the card

 

it seems like you are saying its been closed 4 yrs?

 

is it still with the oc or a dca

 

dx

[woody1066]

It is still with MBNA, The reason it was closed was because they raised the interest they were charging me which took it over the minum payment direct debit i had set up to pay them. I am still paying this at £100 per month so they are quite happy to keep thier cash cow going

[dx100uk]

ppi ans:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?301640-PPI-claim-succes-and-claims-on-hold.&highlight=

 

dx

[dx100uk]

have you received a letter from the oc terminating the a/c?

 

dx

[woody1066]

I received a letter telling me that they were not going to issue me with another card as my arrears were too high, but no notice of termination. I still pay them £100 per month.

[slick132]

Hi Woody,

 

Dx has asked me to take a look at the charges side of your case.

 

Because you have your case with the FOS, you're at a slight disadvantage as they tend to side with the banks. If you wanted to be in control of what happened to the charges refund, you should have taken court action. If you'd done this and you had actually paid the charges you're reclaiming, they would have had to refund to you direct in order for you to stop your court action.

 

With the more informal FOS route, the bank should abide by the ruling of the FOS. If you think the FOS ruling is wrong, you can escalate your complaint and seek a review by an Ombudsman. If you are still not happy with the O's ruling, you can still take court action.

 

Are you claiming the refund of charges plus compound interest at the contractual rate on this a/c.

 

Have you had a breakdown of how the refund of charges and interest is calculated.

 

8-)

[woody1066]

I havent had a breakdown of the charges in writing but Adjudicator gave me a breakdown over the phone. Interest has been applied so I dont have any worries on that score. I really need a link or something that I can qoute at them that proves that they cannot offset this figure

[slick132]

Hi Woody,

 

With respect, unless you have a breakdown of the individual charges (ie the amount and date for each), you cannot check to see what interest is being paid on the refund. Get this data from the FOS and seek confirmation of the manner in which interest is being calculated on the refunded charges.

 

You should certainly seek interest at the contractual rate that applied to the a/c. You should also argue that it be compound interest. This is what you would have sought if you followed the court action route.

 

You can also ask the FOS to confirm that any refund will be reduced only by the current arrears on the a/c, with the balance being repaid to you direct.

 

8)

[woody1066]

The adjudicator at the FOS has stated that the entire amount will be deducted form the card balance. I will ask him for a brekdown of the costs but that is not my main worry. When I challenged him about offsetting against only notified arears he basically said that there was no such a rule. What I really need is prooof that this guidleine exists

[woody1066]

Well 2 weeks later and still no links to show that they cannot offset against non-notified arrears. Am I to take it that that piece of advice was incorrect?