MBNA Charges - Court Claim 9/01/14

[yellowplum]

I have been trying to get MBNA to refund some default charges that relate to 2008-2011, not much three £12 charges, some interest and a £25 for a bounced DD.

 

Went through the usual, letter, statement give me my charges back, didn't get anywhere. Put a small claim through, they Defended, court date tomorrow.

 

This morning I received a Defence, they claim that they have refunded some of the charges. They are are just asking that the claim be dismissed.

 

In this witness statement they have included my previous correspondence (a moan that I didn't refer it to the Financial Ombudsman Service) and a credit agreement. Interestingly the credit agreement is dated in 2008 but states the 'bounced dd' fee to be only £12...hmmm

 

Just want some advice on how to handle this in court tomorrow and any evidence or legal arguments I should make.

 

Thanks

[100mel]

how did this go? I am in the same position

[yellowplum]

Dismissed the claim, said the charges where fair and that I should expect to pay them if I forget to pay my card on time. Ignored most of what I argued that they where penalties and didn't think they where.

 

However he also evaded the point that it was a credit card and I paid it off every month therefore the interest charged was for an entire month on a balance. He wasn't aware that credit cards carried up to 56 days interest free (which says something). MBNA even had to point this out.

 

Interested to know how you get on with yours.

 

Dismissed with nothing awarded to them even though they tried to get costs, he wasn't happy about that part. Never mind, you win some and lose some, lost this one.

[100mel]

I had same experience with Ombudsman and thought I might be better going to court but your experience suggests otherwise

[ims21]

Hello yellowplum

 

I have only just seen this and I am sorry to hear the outcome.

 

Do you have another thread on this with the background and the details of your claim etc. etc. for example the particulars of claim and everything else to do with the court claim?

 

mel, fos will not be interested in a charges reclaim unfortunately.

[100mel]

I had previously had success with Ombudsman and credit card charges but their position seems to have changed. Has anyone had success with MBNA and taking them to court for credit card charges as I could not find any threads