Amethyst1471 vs MBNA/A&L

[amethyst1471]

Ok, think I'm in the right forum this time ()

 

I can only find a handful of my A&L credit card statements (wish they were like HSBC and had them all online!) I'm just sorting out my S.A.R - (Subject Access Request) letter and just wanted to check that this was the correct address to send it to:

 

M B N A EUROPE BANK LTD

STANSFIELD HOUSE

CHESTER BUSINESS PARK

CHESTER

CHESHIRE

CH4 9QQ

 

Or should it be A&L themselves?

 

Help!

[livelylad]

MBNA address is fine.

[amethyst1471]

Thank you!!

[amethyst1471]

Ooh ooh ooh - received letter from A&L today stating that they are "currently investigating my complaint" (was hardly a complaint, was just a SAR letter!) and that they will send me a full response by 20th November :grin:

 

At least I've heard from them (haven't heard a thing from HSBC!!)

 

L

[amethyst1471]

Finally a bit of progress!

 

Received a list of transactions today from Rachel Claridge (the charges total £1,145) stating that a goodwill payment of £490 has been credited to my account (it hasn't!)

 

Which letter do I send now? Is it the prelim letter or the LBA? Also is there a spreadsheet anywhere for calculating this compound contractual interest that everyone is claiming? I've looked in the library and can't find one, the only other one I have is the simple charges that I used for my HSBC claim.

 

TIA!

[amethyst1471]

Ok, don't worry, I found which letter it is. I've decided to go for contractual compound interest as it seems only fair I charge them for using my money

 

Could someone take a look at my letter to make sure it's ok? Thank you!

 

 

Thank you for your letter dated 30th November 2006. I will accept the sum of £490 offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I calculate that you have taken £1,105.00. I enclose a schedule of the charges which I am claiming with this letter. I request that you pay me interest on this amount at a rate of 16.9%; being £592.90. This is your rate for authorised borrowing as of today, which I believe to be of a reciprocal nature due to the terms of the contract. The total amount to be refunded to me is £1,697.90 as of today’s date, and interest will accrue daily at the contractual rate.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a Letter Before Action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

Yours faithfully,

 

[rob14973]

Hi

 

THe letter seems fine 2 me. Just a quick mention on the interest you are claiming. The 16.9% is that the highest rate you have paid on the card as MBNA will pay you out on the highest rate. If your unsure a quick phone call to the customer service dept will clarify.

 

Take them for every penny

 

Rob

[rob14973]

Also in your LBA in the calculation paragraph i would take into account their partial payment.

 

Rob

[amethyst1471]

Hi

 

THe letter seems fine 2 me. Just a quick mention on the interest you are claiming. The 16.9% is that the highest rate you have paid on the card as MBNA will pay you out on the highest rate. If your unsure a quick phone call to the customer service dept will clarify.

 

Take them for every penny

 

Rob

 

I think so! I've read about people using figures like 28% but I can't see how they arrived at them. At the bottom of my statements it shows the monthly rate so I just multiplied that by 12 to get my yearly rate. I've never been charged any kind of over-limit interest just standard charges relating to late payment, over limit fees and reminder letters.

 

More than happy to amend though if I find a higher rate!

[amethyst1471]

Also in your LBA in the calculation paragraph i would take into account their partial payment.

 

Rob

 

Good point but, even though their letter is dated the 30th November, the £490 they promised still hasn't shown up on my account! I figured I'd just send the letter and then amend at LBA/MCOL if the money turns up. What do you think?

[rob14973]

Hi

 

If you have checked your account and they have not credited your account then i would proceed as normal with the LBA.

 

To get you APR just phone customer services and ask.

 

My APR on my card at the highest rate was 24.9% and MBNA paid up at that rate. So make sure you get whats owed to u

 

Rob

[amethyst1471]

Hi

 

If you have checked your account and they have not credited your account then i would proceed as normal with the LBA.

 

To get you APR just phone customer services and ask.

 

My APR on my card at the highest rate was 24.9% and MBNA paid up at that rate. So make sure you get whats owed to u

 

Rob

 

 

Hi Rob,

 

How bizarre! Just checked my account again before printing off my letter and they have now credited my account. Should I reduce the fees by this amount?

 

I will phone customer services tomorrow and ask about my rate, thanks for the advice

 

Also, (sorry to be a pain!) do you think it is an LBA I should be sending and not a prelim?

 

Thanks!

 

Laura

[rob14973]

Hi Laura

 

First of all your not been a pain lol

 

Sorry i got the impression you had done a prelim letter already if not then you need to send this first, along with a full copy of your schedule of charges.(dont minus off the partial payment at this stage).

 

At the top of your prelim accept the partial payment like below.

 

Thank you for your letter dated DATE I accept your offer of a refund of charges totalling ££££ on the understanding as a partial settlement towards my claim. I intend to continue with my claim against you for the remainder of charges added to my account between the date DATE and DATE.

 

Rob