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Just started with MBNA. Theyre confusing me already!


Number6
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I wrote to MBNA requesting a copy of my original agreement + statement of accounts under the Consumer Credit Act 1974 S77(1). I included the stautory fee of £1.

 

I got a letter back today from Steve Bailey:

 

Dear Number6

 

Account ******************************

 

We refer to your recent correspondence dated 13 September concerning default fees on your account. I would like to clarify the situation from our perspective.

 

We have always set out precisely what our charges are in our agreement with you, as they are an integral pan of the terms and conditions under which we are prepared to provide credit facilities. When Customers pay late, we incur substantial costs in dealing with their default. Similarly, we have set credit limits carefully for each Customer and for good reason. We expect every Customer to respect their credit limit. If a Customer goes over their credit limit, he or she is using the card in a way that is not allowed, in effect obtaining unauthorised borrowing. We, therefore, lend more than we agreed to, and take on risks, which were never accepted in the first place. In the case of both late payments and overlimit usage, and also where a cheque is returned unpaid, we look at the portfolio as a whole and set uniform charges retlecting our costs of dealing with such defaults of customers overall, as do all other major credit card providers. This approach allows us to be clear and upfront about all default charges and the basis on which they are applied.

 

Our view is therefore that the charges that you agreed to are valid, fair and enforceable. Term 3b of your credit agreement with us clearly states that you must pay £25 each time your payment has not reached your account within one day of your payment due date, or when you exceed your credit limit, or a cheque is returned unpaid.

 

You will find at the end of this letter details of all relevant charges to your account (and any associated credits). Should this information not be sufficient, and you wish to make a full data subject access request under section 7 of the Data Protection Act 1998, please complete and return the attached form.

 

Please ensure you include the fee of £10 (cheques to be made payable to MBNA Europe Bank Ltd) and appropriate ID (e.g. photocopy of driver's licence or passport).

 

I have requested a copy of your application form / credit agreement, which will be forwarded to you in the next 10 working days. Again this information has been provided free of charge and your £1 cheque returned to you.

 

We would like to resolve this matter regarding fees; therefore I have credited your account with a goodwill payment of £170. I trust that you will find this an acceptable resolution.

 

You may knov that the Office of Fair Trading has recently issued guidelines for the level of credit card default charges. MBNA disagrees with the OFf's interpretation of the law and continues to maintain that its default charges have always been fair, legal and transparent. However, we have decided to reduce our default charges to £12 with effect from 28 June for late payments and returned payments, and 28 July for overlimit fees. You will have received notification of the changes to the terms and conditions. We expect you to honour the revised terms of your agreement with us. If you do not do so, we will have no alternative but to cancel your card and to formally terminate your credit agreement.

 

I enclose a copy of 'Our Commitment to You' leaflet for your information.

 

Excuse the spelling errors, the OCR engine got a bit confused when translating it from the scan.

 

Anyway - I didn't mention fees in my letter, I merely asked for my agreement and statement of account as is my right under the CCA Sec 77. So why are they assuming I'm going to reclaim fees?

 

A list of charges was enclosed but I don't know if it's an accurate reflection. If I want a full Data Protection Act S.A.R - (Subject Access Request) search then I'm asked to write back enclosing £10 + proof of ID??? WTF?! They've just written to me with a load of personal and sensitive information so why didn't they ask for ID for that? Having already done that why would they want ID if I write in again??????? :? Do they know what they're doing?

 

I dunno, they're a rum lot it seems!

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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Guest colliers

They have probably had so many that they automatically assume youre after charge refunds

 

ive applied for SAR which is up on 24/9/06 sunday but still no sign of response and i sent £10 cheque which they havent cashed

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