MBNA Card thousands paid

[leecyndisanders]

I recieved an MBNA card back in May of '98 for £1500 credit limit. A few days after receiving the card my wife had family death in Canada. So a flight for her and our daughter plus car hire etc. swallowed up the credit immediately. It is now 2006 and I am still trying to clear this debt. Back in 2001 I had the balance to around £400. But things went downhill and again i was unable to make payments. The card has been froze since around may '99. Over the years I have paid God knows how much. My balance is currently about £1900. i contacted MBNA and they said they would knock £200 off the amount if I settled immediately. I explianed that I had paid them somewhere in excess of £4000 on the origanal amount and that the total paid would be in the region of £6000 once settled. There attitide was tough luck. This site has given me a new hope in clesaring the bill. I have just completed the Data Protection letter. I will inform you off the results.

[Guest Niklowe]

good luck,but you won't need it!

[leecyndisanders]

I called MBNA this afternoon to get a name to make out a postal order for the £10 SAR charge. The gentleman i spoke to refused to discuss anything until I discussed my arrears and next payment with him. Long story cut short, we had a heated debate over charges at which point he stated that MBNA charges are very fair at only £12. I asked if these had been implemented on advice from the OFT. Sudden silence came over the phone as he realised I may know more than he thinks. He then stated that THEY had decided to change their rates in line with other banks. I the managed to get put through to another department who said they would only supply 12 months of statements. I the explained the Data Protection side of things, again a silent pause... I then informed them they had 40 days upon receipt to action my request or I would inform the Data Protection Commisionaire. Certainly Sir, was the reply we will happily oblige.

 

This sight really does help with the lingo needed to make them realise you mean business...

[Guest ian cognito]

Yeah, if you look through the MBNA threads you wll see very different reactions received by people who've contacted them, some paid out on the strength of a phone call! Obviously they think they can pull the wool over your eyes - we know different........

[Glenn UK]

Its interesting to see the difference a bit of knowledge makes.

 

MBNA are as said pulling the wool over peoples eyes because they are being nice and paying something back, maybe not everything the individual is entitled to claim back though.

 

Glenn

[leecyndisanders]

Just thought I would ring Paul Miney as he seems to be the one in the know. I didn't ask about refunds etc. just the procedure for S.A.R. He certainly is a polite helpful guy. He said that they dont actuall treat you S.A.R. in the correct way but oblige you by sending the details about your account which you requested. This would normally be £2.50 per statement but they will provide the requseted info free including returning the payment for £10 originally sent.

All Seems good so far fingers crossed.

[Glenn UK]

FWIW

 

this puts you in a difficult position should they fail to provide the information you request or at least failure to stick to the step by step guide would.

 

He is incorrect when he says that the info would normally cost you £2.50 per statement. Under the S.A.R - (Subject Access Request) MBNA are obliged to provide all of the data they hold on you on a relevant filing system for the max statutory fee i.e. £10.

 

If they decide not to cash the cheque its their problem not yours.

 

I do not mean to say you shouldn't take advantage of them returning your cheque.

 

However, you should realise that if you don't get all your info, and you probably wont, you will get back a list of charges going back six years (the SAR template asks for information for your whole account history which of course could be longer than 6 years ago) then if you haven't followed the guidance offered in the FAQs it could delay you getting the info and ultimately the money which is rightfully yours.

 

HTH

 

Glenn

[leecyndisanders]

Thank you for the advice.

 

What you have said could work to my advantage. I have asked for a full account history under the S.A.R (as per the template). If they provide what they think is adequate, surely this goes against the S.A.R request and is illegal on their part. If I ask again for a complete history, surely any difference in amount could be beneficial to my claim.

[Glenn UK]

Leecynisanders

 

I would recommend that in terms of your paperwork you follow the step by step guide e.g. after sending the SAR allow 40 days. Depending on what response you get then use the relevant template to follow up your request.

 

What some organisations have taken to doing is supplying up to 6 years worth of statements. They use the tack that the Limitations act prevents you from claiming back further than 6 years.

 

However, there is an argument, quite a strong legal argument in my view, that you can go back as far as you like.

 

So its a matter of following up your request and insisting that they provide what they have, when the 40 days expires send a lba giving 7 days then take them to court of complain to the ico.

 

This way if it comes to it and you do need to prosecute you have all your papers in order, it doesn't prevent you from settling or dealing with MBNA otherwise.

 

If you wish to talk to them via the phone whilst this is all going on, be prepared, keep notes and record calls if possible.

 

If it comes down to who's right or wrong, they will have good records and probably record the calls too.

 

HTH

 

Glenn

[leecyndisanders]

Thank you,

 

It certainly does help. The last thing I wont to do is cut corners. So far I've followed advice in the examples to a T. It seems MBNA are trying to smooth people over with a bit off sweet talking. I'll ensure if I dont get what I requested then I will give them 'the good news' so to speak, and inform them through the other letters of my intentions.

 

Thank you again.

[leecyndisanders]

MBNA try and pull a fast one!!!!! My S.A.R was received on Mon 23. I called today to clarify that I wanted a complete S.A.R as requested and not what was offered (see earlier reply). I was put forward to Paul Miney who told me that he was happy to send statements for free, I reiterated that I wanted a complete history etc, he then told me I needed to pay £10 and send ID. I asked what happened to my payment that was enclosed and was informed that they had used it to pay £10 off my balance. I asked who had authorised this and was told they did it for my benefit as it reduced my balance. I again asked who authorised it and was told he did not want to get into an argument with me. Can they legally use your money at their discretion. He was also adamant he wanted to know the reason for my request.

[leecyndisanders]

Well I received my S.A.R back after numerous calls explaining I did not just want statements. It was posted on the 23 Nov 06, although I did receive a letter telling me it would be 10 days late in processing.

 

On receipt of the S.A.R I rang MBNA and played stupid and said that the forms were confusing and could they send me their interpretation of what I paid in charges in a slightly simpler format. The told me they were happy to oblige and I would receive this within 7 days.

 

4 Dec 06. I just received the charges as promised with a goodwill gesture paid to my account of £650. They have asked will I drop my complaint. Funny thing is I haven't made acomplaint to anyone.

 

I have worked out the amount of charges on the statements they sent and it comes to £1376 (not incl any interest). Would it be advisable to call them requesting the full amount of charges and if so what interest exactly do i ask for?

 

Just a quick thanks for the templates and help in getting this far and in advance for any forthcoming help.

[rob14973]

HI

 

You need to be claiming for contractual interest at the highest rate of the card( You can find this on statements or phone MBNA) Usually around 24.9%. This will most probably double your claim.

 

You can use one of vampiress spreadsheets to work the interest out for you.(search vampiress and their is a link in her signature. Vampiress chambers)

 

At this stage i wouldnt bother phoning i would get on with sending your prelim letter and accept their offer as partial payment.

 

Rob

[roydosan]

 

You need to be claiming for contractual interest at the highest rate of the card( You can find this on statements or phone MBNA) Usually around 24.9%. This will most probably double your claim.

 

Rob

 

Contractual rate yes but there is no higher rate. I have all my statements going back for the past eight years and the interest rate has always been the same for purchases, cash advances, etc.