MBNA Credit Card Penalty Charges, Late Fees, Overlimit Fees

[Jigsawbitmissing]

Hello Everyone,

 

I had an MBNA Credit Card in the early 90's. I have recently started reading about reclaiming the "penalty charges" and looked through some old paperwork I have. I have managed to find a few statements where these "fees" were applied.

 

I have sent them a SAR and was wondering if they will come back with all the statements from the start date of the account or whether I will be told that they don't have them. I should state that I am still paying the debt off to a 3rd party to this date.

 

I hope someone can help me with this.

[ims21]

Await the SAR and see what they send you. They may claim that they have no data beyond six years although we believe that they do.

 

I doubt very much that you will get all statements back to the early 90's though.

[Jigsawbitmissing]

Hello Ims21,

 

Thank you for your very quick reply.

 

I will post the reply if and when I get it.

[dx100uk]

urm.

 

you wont get penalty charges of that era out of MBNA

 

of all the CCC's the worse

 

none as far as i know are coughing beyond 6yrs without a fight in court.

 

dx

[Jigsawbitmissing]

urm.

 

you wont get penalty charges of that era out of MBNA

 

of all the CCC's the worse

 

none as far as i know are coughing beyond 6yrs without a fight in court.

 

dx

 

Hello dx,

 

I presume a fight in court means fees and also end up paying their costs if I lose?

[ims21]

Hello dx,

 

I presume a fight in court means fees and also end up paying their costs if I lose?

 

Much depends on the value of your claim. If it falls within small claims then there are fees payable for starting proceedings but exposure to the other side's costs is minimal should you lose.

 

I would wait until you get your data, prepare a spreadsheet of claim and then you will know how much the claim is for.

 

If going back further than six years you will rely on S32(1)© Limitations Act.

 

There is no guarantee that the charges in the last six years will be refunded easily...you may still have to fight for them.

[Jigsawbitmissing]

Much depends on the value of your claim. If it falls within small claims then there are fees payable for starting proceedings but exposure to the other side's costs is minimal should you lose.

 

I would wait until you get your data, prepare a spreadsheet of claim and then you will know how much the claim is for.

 

If going back further than six years you will rely on S32(1)© Limitations Act.

 

There is no guarantee that the charges in the last six years will be refunded easily...you may still have to fight for them.

 

Thank you kindly again ims.

 

Just a thought, would the ombudsman look into these types of claims or would it have to go to court due to the statute of limitations?

 

I will of course heed your advice and wait for any paperwork that might be supplied.

[ims21]

fos are not generally the best people to go to regarding charges claims. They tend to think tat the OFT decision on charges is the one to adhere to i.e that £12 is acceptable.

 

It isn't....the OFT simply said they would not investigate charges over £12 but only a court could decide on a test of fairness.

 

As the charges are not a true pre-estimate of the costs incurred by the lender then they are a penalty and can be reclaimed.

 

Do some more reading around the bank forums and you will get up to speed on why they are a penalty, the reclaim process and the interest rates than can be used.

 

Also have a look at the success stories in the various bank forums.

 

If a charge was incurred more than six years ago then fos will be even less interested.

 

This is something best done by yourself using the courts.

 

Please be aware that although some lenders cave in before a court hearing, if you are going to pursue this you need to work on the basis that you will need to issue proceedings and will need to appear in front of a judge to put your case.

 

The key is preparation, preparation and more preparation.

[Jigsawbitmissing]

fos are not generally the best people to go to regarding charges claims. They tend to think tat the OFT decision on charges is the one to adhere to i.e that £12 is acceptable.

 

It isn't....the OFT simply said they would not investigate charges over £12 but only a court could decide on a test of fairness.

 

As the charges are not a true pre-estimate of the costs incurred by the lender then they are a penalty and can be reclaimed.

 

Do some more reading around the bank forums and you will get up to speed on why they are a penalty, the reclaim process and the interest rates than can be used.

 

Also have a look at the success stories in the various bank forums.

 

If a charge was incurred more than six years ago then fos will be even less interested.

 

This is something best done by yourself using the courts.

 

Please be aware that although some lenders cave in before a court hearing, if you are going to pursue this you need to work on the basis that you will need to issue proceedings and will need to appear in front of a judge to put your case.

 

The key is preparation, preparation and more preparation.

 

Much Appreciated again Ims - will keep reading the threads, which is all I am doing at the moment!

 

The Forum is very addictive!