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Hi everybody,

 

After your expertise and great advice again please.

 

Story so far..... Sent SAR to MBNA, successfully reclaimed PPI, all done and dusted within 2 weeks of receiving SAR. The charges, not so easy.

 

Here is what I sent to MBNA in April

 

COMPLAINT

 

 

Dear Sir or Madam,

 

Following media reports and an investigation into credit card charges by the Office of Fair Trading, which I have recently been made aware of, I now understand that the regime of fees which you have applied to this account in relation to late fees, and over limit charges, are unlawful at Common Law, Statute and Consumer regulations in that they did not represent a genuine pre-estimate of your actual costs.

 

It is my contention that you have failed to operate my account in a manner conducive to the above and have demonstrated a lack of fiduciary duty.

Additionally, these unlawful charges have contributed to undue stress, unnecessary distress and years of harassment from both MBNA and the debt collection agency appointed by MBNA, namely LINK Financial.

 

I calculate that you have taken £xxx.00 plus £x,xxx.00 which you have charged me in interest which total £x,xxx.00.

 

In recent years, Courts have been happy to accept claims for bank charges that exceed 6 years, whilst having regards to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 © of the Limitation Act 1980.

Should County Court action be needed to recover these charges, I will be seeking to rely on this.

 

Therefore this letter requests a refund of all charges indicated including interest within 14 days from the date of this letter.

I request that payment is made directly to me by cheque and that any refund in whole or part should not be allocated to any set off or third parties.

Should this occur, my claim will be deemed as unsettled and I will proceed to the Courts for recovery.

 

You now have 14 days to respond positively and in the absence of this I will put you on notice with a further 14 days letter before action

I trust this clarifies my position.

 

 

Yours Faithfully

 

I had an acknowledgement and then a 'we will respond by' letter, and yesterday I received this.

 

Dear Up2

 

We refer to your recent correspondence 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 part of the t&cs under which we are prepared to provide credit facilities.

 

In the case of all the charges we apply for breaching our credit agreements (including overlimit usage of the card, making a late payment, or writing a cheque or authorising a direct debit which is returned unpaid), we look at the portfolio as a whole and set uniform charges reflecting our costs of dealing with such defaults 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.

 

You may know that the OFT issued guidelines in April 2006 in relation to the level of credit card default charges across the industry. MBNA disagreed with the OFTs interpretation of the law and continues to maintain that it's default charges have always been fair, legal and transparent. However, we decided to reduce our default charges to £12 with effect from 28th June 2006 for late and returned payments, and 28 July for overlimit fees.

 

We do wish to resolve this matter, however, our records indicate that you have not been charged any default fees over the past six years. Therefore I am unable to offer any goodwill credit on this occasion.

 

I trust this response is acceptable. We have now exhausted our complaint process; therefore I must advise that this is our final response on the matter. If the response is felt to be unsatisfactory, the complaint may be referred to the FOS, within six months of the date of this final response.

 

Sarah Harrowsmith

Vice President.

 

So, What would be my next course of action please? I am prepared to go to court, but do not know the best way to proceed. (I got my POC for BC from other threads, but can not find anything suitable for MBNA)

 

As always, all advice and thoughts gratefully received.

 

Many thanks

Up2

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Hi Ims,

 

I didn't send a lba because they had acknowledged my complaint and then sent the 'we will respond by' letter, so I assumed the lba was not needed.

 

Should this be my next move?

 

Thanks as always

 

Up2

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Hi Ims, all,

 

Should I resend the complaint letter heading it letter before action and changing the last paragraph to mention proceeding to court? or is there another letter I should be sending?

Also, should I emphasise on the KLEINWORT BENSON -v- LINCOLN CITY COUNCIL case or leave it as it is?

 

As they have said the above letter is their final response on the matter, I am preparing for court so want to get the POC ready to go. Is it okay to use the POC I used for BC as a guide (obviously changing what matters). I am totally useless at this sort of thing but obviously don't want to get it all wrong.

 

Many thanks

Up2

 

P.S Also, Ims or another site team member, would you please be able to rename my thread in the PPI forum (SAR Response time Argos & Santander(for-GE-Money) to Santander/GE Money PPI (BHS & Evans storecard) so that I can get the correct advice please - Many thanks

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Your lba is the same as your preliminary...no need to change any emphasis.

 

Head it "Letter Before Action" and the final paragraph should be on the lines that if they do not refund you within x days (14 would be OK) you will issue in court without further recourse to them.

 

Remember, only threaten court if you intend to go through with it (it looks like you do).

 

POC is really the same as the BC one.

 

I'll look at changing the thread title of your PPI thread

 

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  • 2 weeks later...

Morning all,

 

I'm in the process of preparing the N1 to reclaim these charges and jiggling my BC POC to reflect MBNAs terms etc............ and I'm stuck.

 

When it gets to the charges part, ((d) In addition the Defendant was entitled to charge default fees (“the Charges”) where the Claimant exceeded the Limit, did not pay on the due date or had a payment returned. The Charges were £xx for each transgression from xx)

there is nothing in the original t&cs (signed by myself in 2000) that mention default charges - all of which (late/over limit) were £25.00 from 2000-2005 when the account was sold. However, on the updated agreement sent with my recent SAR, it states that if the agreement is broken the default charges are £12.00 a piece.

 

What should I do? I'm thinking to just put the £25 as it's obvious what they have charged as I have it in black and white on the transaction history, but if it were to get as far as court, would there be a problem as I don't actually have it written in the agreement?

 

I'm probably fretting about nothing, but this is all new to me and rather scary so I'd appreciate any advice please.

 

Many thanks

Up2

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Hi up2meears. Can I ask a question re your PPI to MBNA. How did you know you were paying it? Were you allready aware or did you only find out when you recieved your SAR back? Thanks

Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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Hi geordieman,

 

I became aware of it when I first called MBNA because I was having problems paying due to long term sick leave (2004-ish). The person I spoke to at MBNA told me I had been paying it since the start of card, and advised me to make a claim. Did just that. Refused due to pre existing medical conditions and as I was a bit green back then, left it at that.

 

I just assumed it was something that was part of cc (1st ever card I'd had) and bad luck that I couldn't claim. When I received my CCA and then SAR, noticed on the so called agreement that the PPI box was un-ticked so got claiming. They coughed up straight away.

 

Hope this helps :-)

Up2

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Cheers, thanks for that. I cleared my MBNA card last month. Ive had it since 199something, so Ive SAR'd them today.

 

Good luck with your claim, I'll be following this thread

Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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  • 11 months later...

Evening all.

 

Could somebody please have a look over the POC for suing MBNA. I have taken it mostly from my BC one, adapting the relevant info. Just want to know if I've missed anything or should remove anything?

 

I have had a final response from MBNA regarding the charges saying that due to the 6 years being up and them not having any info on the account after 2005 there's not much I can do.... I do however have all of the info dating back to the birth of the card which they kindly supplied me last year under my SAR!!!

 

As always, any advice will be gratefully received.

 

Up2

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  • 3 months later...

Evening all,

 

Well it's been over a year since I started this thread and I haven't really done much about this since receiving their reply to my lba that I don't stand a chance due to the limitations act. I have also been poorly and had personal problems that have had to take priority.

 

However, I'm back on my feet and ready for action. I have been reading around getting my POC ready but just have a few questions that need answering please.

 

Should I send a letter to MBNA telling them that I still intend to sue? Or should I just go ahead and start the claim?

 

I have been reading through the consumerwiki on reclaiming charges and have seen the part about reclaiming after the 6 years if I wasn't aware (I wasn't) that I was entitled to do so. Should I tell them this? Is there any further information regarding this?

 

I have a PO address for MBNA can I use this on the claim form?

 

I would be grateful of your words of wisdom

 

Many thanks

 

Up2

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Hello up2

 

Good to see you back :-)

 

Have you researched how to get around the Limitations Act by using S32(1)©?

 

As there has been such a delay I would send MBNA another LBA and updated spreadsheet.

 

Don't send an LBA to a PO box, send it to their registered office and get it signed for.

 

Please only do this if you are prepared to go through with it this time.

 

Bear in mind that it is highly likely you will have to put your case to a Judge, especially if you are claiming beyond six years.

 

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Hi Ims,

 

Nice to see you and thanks for looking in so quickly.

 

I have been having a look at the act, but was becoming too bogged down with it

- thanks for pointing me in the right direction :-) I will get on it.

 

I am definitely prepared to go through with it and have the energy and fight back to do so.

I don't mind going in front of a judge because of the circumstances involved

i.e. they refused to help when I started having problems (despite keeping the account in pretty good order when I was well)

 

they charged me over £200 in charges and £800 in interest between

when I first told them of my situation and when they sold it

- a total of 11 months.

 

I made payments of over £900 in this time using other credit facilities causing knock on effects there and a CCJ.

 

They advised me to seek help from friends and family or re-mortgage to pay off the account.

 

They then sold it to Link (we all know Link) and

 

after months of constant harassment I took an overdose to escape their calls.

It was only when I started looking into mis-sold PPI that I read about claiming back the charges.

 

Should I just re-send the original lba or see which part of the acts will work for me?

 

Once again thanks for your time.

 

Up2

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Post #32 here will give you a good template n which to base your latest LBA.

 

It contains the relevant paragraph regarding S32(1)©.

 

Don't forget to head it "Letter Before Action" and put at the end that you will be issuing in court in x days if they fail to respond favourably.

 

Also enclose an updated spreadsheet.

 

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