Where to take my MBNA claim???

[Guest alan703]

I have emailed [email protected] as I am not prepared to wait 8 weeks until my unfair charges case is reviewed. I have informed them I will take court action if I have a repetition of the shambles my PPI claim turned out to be. They have now informed me I will have a response within 7 working days, which is Tuesday 25/7.

 

coincidentally, the Unfair Charge case has landed on the same desk as the man who was last to deal with my PPI claim.

 

I am treating PPI separate to Unfair charges at the moment, but have informed them that the unfair charges were also made by mistake as my account should have been in credit had it not been for PPI. I also pointed out that they have profited from money they have illegally obtained from me

 

Will See how it goes.

 

The PPI case is with the FoS, I have asked for it to be fast tracked, as if it is not fixed by the year end, I stand to lose more than the value of the claim in mortgage interest, as I will not be able to take advantage of the lowest mortgage rates that would be available to me if the claim was settled.

 

 

Again, will see how it goes

[PPI Rani]

i have won my ppi case with mbna and now put in my unlawful charges claim, waiting to hera but i will let you know how i get on especially as they have issued me a default notice since i didt pay last months payment

[Guest alan703]

So MBNA offered me £56.05 refund on £328 of charges. They only offered payment on 2 x £25 charges.

 

Told them they had 7 days to reconsider beforeI take court action.

 

The response - only twice was I charged for being over my limit as a result of my PPI, and they are allowed to charge for late payments. This has been £12 since 2006 blah blah. They charged me £20 & £25

 

Due to limitations act, I am not entitled to any more as I have not received any charges in the last 6 years.

 

My complaint said -

 

I was complaining about the excessive and unlawful charges applied to my account. In addition to this, had ppi not been applied to my account, my account would never have been in default.

 

 

The last letter they sent said they had refunded the late payments in my PPI case. This letter says something different.

 

Must I go to the ombudsman, or can I go straight to court. I can make a claim using money claim online provided I claim a fixed amount. I am unsure if I can set my own interest rate though?

 

I have only learnt about credit card penalties being excessive since starting my PPI claims. I was under the impression that ruled out the limitations act?

Edited August 16, 2012 by alan703

[ims21]

If you want all of your charges back you will need to use the courts.

[Guest alan703]

I want them all back out of principle.

 

I went at 29.9%, as I started at the highest, expecting a lower offer, just not as low as £50.

 

Should I be more reasonable and use the card cah advance rate of 20% for restitution?

[ims21]

Ok

 

Just to avoid confusion, this charges claim is separate from the PPI.

 

The PPI claim is with fos so has not yet been resolved.

 

I think we would be better to discuss the charges claim on the thread you have already started on that so I'll comment on that thread

[Guest alan703]

Yes and thanks. I'm using my phone, and Its not as easy to navigate. Sorry for posting in wrong bit.

[ims21]

No apology necessary

[Guest alan703]

The response I received to my claim for Credit Card Charges was poor.

 

It offered to refund only 2 of all of the charges.

 

The reason it was only 2 is

 

"Therefore, this was investigated based on PPI data. The information from this data showed that three over limit default sums had been applied due to the PPI on your account; these were for Dec 03, Aug 04 & Sept 04. As these had been applied based on the PPI, I completed refunds for the two default sums applied in 2004 along with £5.06 interest (Contractual?? - missing Statutory Interest??) . Please note that the overlimit default sum in December 2003 was refunded at that time; therefore, this was not refunded a second time."

 

So, Although this letter was in response to my complaint about Credit Card Penalties, Is this not further evidence that they did not investigate my PPI claim thoroughly, as the ombudsman approach is to restructure the account, deducting the PPI premiums (and any interest or charges that resulted from those premiums).

[ims21]

If it were me and I wanted all of those charges back I'd be going the court route myself.

[Guest alan703]

MY PPI claim is with the ombudsman.

 

I have advised MBNA that with the Credit Card penalty one I will be taking the court route due to the appalling handling of my PPI claim.

 

If I am successful using the court route for the charges, I will consider going the court route for PPI.

 

My post was more pointing out that MBNA had given me further evidence they did not investigate the PPI claim fully. As if they had, they would not have made the statement I quoted.