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Mrs.SS v Virgin MBNA - reclaim of Credit Card Charges


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Hi there

 

On behalf of my g/f I SARd Virgin/MBNA in March and we ascertained that there were £362 of default charges applied to her account between Feb 2006 and November 2008 (when it was paid off and closed)

 

We wrote to them demanding these sums back together with restitutional interest (at their eye-watering APR of 34.9%) and the claim amounted to approx £1200 - they offered £120 odd which we rejected. They have now said we will not communicate further in writing.

 

Obviously we are now contemplating court action, but having just taken on Capital One and only got a very partial success (£500 out of £2000), I wonder if anyone can answer the following:

 

(a) How agressive are MBNA when it comes to defending court action? There are very few charge reclaim threads here.

 

(b) Can we charge restitutional interest from the charge date to now, or only until the account was paid off? My gut says they have had use of the money right up until now, but I wondered if I am missing any relevant point of law.

 

Your responses would be much appreciated

Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

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Hi SS

 

Really glad to see you are still fighting the good fight as it were.

 

I can't answer the first question other than to say that IMHO each case stands on its own merits and as banks are strange (to say the least) beasts, who can say.

 

With regard to your interest query, interest in restitution is claimed right up to the current date as they have continued to earn profits on your money right up to now.

 

Hope this helps

 

Best regards

 

ims

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Hi SS

How have you found the process of dealing with MBNA? I am also in the process of reclaiming charges from MBNA and have found them incredibly slow when replying to my letters. So far all I have had back from them is an acknowledgement of my complaint letter.

 

Good luck getting your charges back. :)

 

Jim

Edited by Moggymad
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In a word useless....

 

In response to my original demand for the charges we received a cheque for £120 odd which we declined to cash and returned them voided. When we then sent a 14 day LBA, we got another cheque for the same amount along with the commonplace 'we will not communicate further in writing'.

 

Am now in the process of preparing the court papers - will update forum when theyve been filed.

Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

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Share on other sites
  • 4 months later...

I am at the final stage of a claim and I think MBNA have been harsh and trying to get out of paying the true value of charges. I have written letters and full break down but now need to know if someone can help me with the next step. I can go to the FOS or a law firm but not sure which is best. Please can I get some advice. I have paid back to MBNA the sum of over £13,500 and there was a PPI on there which I was not aware of. The card has been suspended for the last 4 years, but all I am paying is interest upon interest upon interest. Not sure how to get out of this loophool.:-x

 

Is there anyone out there who can help me with the next step?:sad

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  • 3 weeks later...

Well domestic hoo-hahs and generally being too busy at work meant this sat on the back burner for a while. However back in late November we sent MBNA a LBA regarding our claim (basically waking them up).

 

Today we received basically a re-hash of the previous correspondence ie :

 

1) Heres the offer we made you previously - take it or leave it.

2) They dont agree with the OFTs assessment in 2006 and stand by their £12 charges.

3) Wont enter into any more correspondence.

 

Have sued other cards with success, but before I commence with MBNA, does anyone have recent experience about their attitude to court cases? ie do they fold, defend to the hilt etc?

 

With Thanks

Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

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Share on other sites

I'm interested to see how you go. I want to claim back charges from MBNA, especially as they took me to court, slapped on a CCJ and we had a very unhelpful Judge, so have spent 18months paying off this debt. Now its paid off, I want what is rightfully mine ;)

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  • 3 weeks later...

Im interested too. Im making my first claim against charges with these guys and have just sent my LBA - bit scarey to be honest and it would be good to hear of successes.

 

Good luck by the way - lets fight the good fight

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  • 4 weeks later...

Hows it going Still_surviving?, Moggymad, shains and Julia.

 

Have you any progess to report? I disputed their last letter offering me a measly 240.00 out of a claim of 6000 (same interest rate as you Still of 34.9% -shocking) told them to show it basically and gave them 14 days to pay me in full or else.

 

Those 14 days are up now so need to seriously think about taking the huuuuuge next step.

 

Please keep posting guys, its really good support each other, along with all the other excellent advisers on here.

 

Madge

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