MBNA Europe Bank Penalty Charges & the Financial Ombudsm

[angry cat]

I am a new member of The Bank Action Group, but I have an ongoing battle with MBNA over issues various-

After complaing to MBNA, I was referred to the Financial Ombudsman (FOS) and of course, my complaint included 'Unfair Penalty Charges'

 

Over the weekend I received a reply from the FOS adjudicator who stated "We woud not say that MBNA cannot apply charges, such as the late payment fee, which is in accordance with its published tariff"

 

I was astounded with the above comment from the FOS!

 

Has anyone else had this experience from The Financial Ombudsman Service? It would appear to me, that every isssue I complain about to the FOS is refuted.

 

From angry cat

[angry cat]

I am a new member of The Bank Action Group, but I have an ongoing battle with MBNA over issues various-

After complaing to MBNA, I was referred to the Financial Ombudsman (FOS) and of course, my complaint included 'Unfair Penalty Charges'

 

Over the weekend I received a reply from the FOS adjudicator who stated "We woud not say that MBNA cannot apply charges, such as the late payment fee, which is in accordance with its published tariff"

 

I was astounded with the above comment from the FOS!

 

Has anyone else had this experience from The Financial Ombudsman Service? It would appear to me, that every isssue I complain about to the FOS is refuted.

 

From angry cat

[BankFodder]

It s rather to be expected I am afraid. However, I would be interested to know how you framed your question which drew this answer. It occurs to me that it may not be the answer which is the problem but rather the question which produced this answer..

Let us know.

[BankFodder]

It s rather to be expected I am afraid. However, I would be interested to know how you framed your question which drew this answer. It occurs to me that it may not be the answer which is the problem but rather the question which produced this answer..

Let us know.

[angry cat]

Hello-

Basically my complaint to the FOS was about a mis-sold payment protection insurance

I wrote to the FOS because of Unfair Contract Terms in the MBNA exclusuion & limitations clauses (Unfair Terms in consumer contracts)

MBNA also breached the insurance contact by changing their insurer without telling me.

Basically the situation now is that I cannot claim on my insurance, beacause I am unwell and excluded from claiming, because of their exclusion & limitation clauses.

 

I raised the isuue of the Unlawfull Exceesive Penalty charges, because there was no continuity between MBNA and the insurer when my montly insurance claim payments were made into my account. Therefore, I was constantly being charged 'late fees' which were computer generated and I had many of these fines which distorted the outstanding balance and interest accruing. I would write to the bank complaining and eventually they would "as a gesture of goodwill/courtesy" refund the fines and then fine me again!

 

I have gone to great lengths to explain to the FOS, that penalty charges are not enforceable. I have provided him with newspaper & internet documents together with details of the Abbey national case and quoted- "Furtermore these charges are contrary to the Unfair Terms in Consumer Contracts Regulations 1999 subsection (e)

 

I have informed the FOS "It is my view that my concerns about these penalty charges and associated hidden interest require attention, in order that the FOS fully address and resolve All issues contained within my most serious complaint against MBNA"

 

However the FOS appear to condone the charging of late fees!?

 

angry cat

[angry cat]

Hello-

Basically my complaint to the FOS was about a mis-sold payment protection insurance

I wrote to the FOS because of Unfair Contract Terms in the MBNA exclusuion & limitations clauses (Unfair Terms in consumer contracts)

MBNA also breached the insurance contact by changing their insurer without telling me.

Basically the situation now is that I cannot claim on my insurance, beacause I am unwell and excluded from claiming, because of their exclusion & limitation clauses.

 

I raised the isuue of the Unlawfull Exceesive Penalty charges, because there was no continuity between MBNA and the insurer when my montly insurance claim payments were made into my account. Therefore, I was constantly being charged 'late fees' which were computer generated and I had many of these fines which distorted the outstanding balance and interest accruing. I would write to the bank complaining and eventually they would "as a gesture of goodwill/courtesy" refund the fines and then fine me again!

 

I have gone to great lengths to explain to the FOS, that penalty charges are not enforceable. I have provided him with newspaper & internet documents together with details of the Abbey national case and quoted- "Furtermore these charges are contrary to the Unfair Terms in Consumer Contracts Regulations 1999 subsection (e)

 

I have informed the FOS "It is my view that my concerns about these penalty charges and associated hidden interest require attention, in order that the FOS fully address and resolve All issues contained within my most serious complaint against MBNA"

 

However the FOS appear to condone the charging of late fees!?

 

angry cat

[BankFodder]

Hello-

Basically my complaint to the FOS was about a mis-sold payment protection insurance

I wrote to the FOS because of Unfair Contract Terms in the MBNA exclusuion & limitations clauses (Unfair Terms in consumer contracts)

MBNA also breached the insurance contact by changing their insurer without telling me.

Basically the situation now is that I cannot claim on my insurance, beacause I am unwell and excluded from claiming, because of their exclusion & limitation clauses.

 

Obviously I do not know the facts of your story but if there was, as you say, a breach of contract then why didn't you go to Court about it?

 

I raised the isuue of the Unlawfull Exceesive Penalty charges, because there was no continuity between MBNA and the insurer when my montly insurance claim payments were made into my account. Therefore, I was constantly being charged 'late fees' which were computer generated and I had many of these fines which distorted the outstanding balance and interest accruing. I would write to the bank complaining and eventually they would "as a gesture of goodwill/courtesy" refund the fines and then fine me again!

 

I have gone to great lengths to explain to the FOS, that penalty charges are not enforceable. I have provided him with newspaper & internet documents together with details of the Abbey national case and quoted- "Furtermore these charges are contrary to the Unfair Terms in Consumer Contracts Regulations 1999 subsection (e)

 

I have informed the FOS "It is my view that my concerns about these penalty charges and associated hidden interest require attention, in order that the FOS fully address and resolve All issues contained within my most serious complaint against MBNA"

 

However the FOS appear to condone the charging of late fees!?

 

angry cat

 

It seems to me that the FOS may be saying that [wihtout evidence as to the Banks actual costs] "...We would not say that MBNA cannot apply charges, such as the late payment fee, which is in accordance with its published tariff"

This would be an accurate statement which no one could disagree with. Of course it is a whitewash and you didn't need to go to the FOS to receive this information.

 

Do you know if they asked for info from the banks and what the banks replied. And of the FOS didn't ask forinfo then why not.

Have you thought about making a FoIAct request for discloure by the FOS as to all the mateial which he used as part of his investigation including requests for information, replies from any party requested and his notes used in arriving at his decision.

[BankFodder]

Hello-

Basically my complaint to the FOS was about a mis-sold payment protection insurance

I wrote to the FOS because of Unfair Contract Terms in the MBNA exclusuion & limitations clauses (Unfair Terms in consumer contracts)

MBNA also breached the insurance contact by changing their insurer without telling me.

Basically the situation now is that I cannot claim on my insurance, beacause I am unwell and excluded from claiming, because of their exclusion & limitation clauses.

 

Obviously I do not know the facts of your story but if there was, as you say, a breach of contract then why didn't you go to Court about it?

 

I raised the isuue of the Unlawfull Exceesive Penalty charges, because there was no continuity between MBNA and the insurer when my montly insurance claim payments were made into my account. Therefore, I was constantly being charged 'late fees' which were computer generated and I had many of these fines which distorted the outstanding balance and interest accruing. I would write to the bank complaining and eventually they would "as a gesture of goodwill/courtesy" refund the fines and then fine me again!

 

I have gone to great lengths to explain to the FOS, that penalty charges are not enforceable. I have provided him with newspaper & internet documents together with details of the Abbey national case and quoted- "Furtermore these charges are contrary to the Unfair Terms in Consumer Contracts Regulations 1999 subsection (e)

 

I have informed the FOS "It is my view that my concerns about these penalty charges and associated hidden interest require attention, in order that the FOS fully address and resolve All issues contained within my most serious complaint against MBNA"

 

However the FOS appear to condone the charging of late fees!?

 

angry cat

 

It seems to me that the FOS may be saying that [wihtout evidence as to the Banks actual costs] "...We would not say that MBNA cannot apply charges, such as the late payment fee, which is in accordance with its published tariff"

This would be an accurate statement which no one could disagree with. Of course it is a whitewash and you didn't need to go to the FOS to receive this information.

 

Do you know if they asked for info from the banks and what the banks replied. And of the FOS didn't ask forinfo then why not.

Have you thought about making a FoIAct request for discloure by the FOS as to all the mateial which he used as part of his investigation including requests for information, replies from any party requested and his notes used in arriving at his decision.

[angry cat]

Hi-

Thanks for your information and I will do as you have suggested.

Although I do not hold out very much hope.

 

I would not personally recommend anyone going to the FOS as they appear to be nothing more than a Public Relations department for the Banks & Insurance companies. Sadely, most people are like me and perhaps of the opinion that the FOS is pro consumer, they are not.

 

However, I will not give up.

 

angry cat

[angry cat]

Hi-

Thanks for your information and I will do as you have suggested.

Although I do not hold out very much hope.

 

I would not personally recommend anyone going to the FOS as they appear to be nothing more than a Public Relations department for the Banks & Insurance companies. Sadely, most people are like me and perhaps of the opinion that the FOS is pro consumer, they are not.

 

However, I will not give up.

 

angry cat

[angry cat]

Hello again-

 

Sorry but I missed your second message re 'Breach of contract'-

The reason that I have not gone to Law about the issue, is that I had hoped the FOS would have assisted me and of course it is very costly to take a bank such as MBNA to court -

Once the FOS come to their Final Decision, there is no appeal process and the FOS know that most people do not have the financial resources to start litigation.

 

I am at present going through ALL of my statements, to date I have been fined over 20 times, some of the fines have been refunded but not without a struggle. I have also requested that all the associated interest be refunded which goes back several years.

 

Most certainly, I have a battle on my hands with the FOS!

It seems incredible to me, that they always seem to be on the side of the Banks

 

angry cat

[angry cat]

Hello again-

 

Sorry but I missed your second message re 'Breach of contract'-

The reason that I have not gone to Law about the issue, is that I had hoped the FOS would have assisted me and of course it is very costly to take a bank such as MBNA to court -

Once the FOS come to their Final Decision, there is no appeal process and the FOS know that most people do not have the financial resources to start litigation.

 

I am at present going through ALL of my statements, to date I have been fined over 20 times, some of the fines have been refunded but not without a struggle. I have also requested that all the associated interest be refunded which goes back several years.

 

Most certainly, I have a battle on my hands with the FOS!

It seems incredible to me, that they always seem to be on the side of the Banks

 

angry cat

[BankFodder]

course it is very costly to take a bank such as MBNA to court -

 

Why do you think this? It is not. It is very cheap.

[BankFodder]

course it is very costly to take a bank such as MBNA to court -

 

Why do you think this? It is not. It is very cheap.

[angry cat]

yes I now and...

I am very glad that I came across your website !

 

Up until now my only hope, has been the FOS...like so many other consumers...who probaly end up like me - exasperated. The FOS system is totally wrong, biased and misleading. Because a consumer expects to be treated fairly by this organisation, but as previously stated their view is weighted on the side or the Banks etc.

To date, every complaint that I have made to the FOS, that is after receiving the firms 'final decision', has been turned down.

 

I don't want to Bang on, too much about the FOS, because I am sure that they do assist some people. However, I very much doubt that the will uphold complaints about unfair penalty fines, until the OFT & the FSA make their decision

 

angry cat

[angry cat]

yes I now and...

I am very glad that I came across your website !

 

Up until now my only hope, has been the FOS...like so many other consumers...who probaly end up like me - exasperated. The FOS system is totally wrong, biased and misleading. Because a consumer expects to be treated fairly by this organisation, but as previously stated their view is weighted on the side or the Banks etc.

To date, every complaint that I have made to the FOS, that is after receiving the firms 'final decision', has been turned down.

 

I don't want to Bang on, too much about the FOS, because I am sure that they do assist some people. However, I very much doubt that the will uphold complaints about unfair penalty fines, until the OFT & the FSA make their decision

 

angry cat

[BankFodder]

So why don't you just get stuck in and sue. You could have it all wrapped up in 4 or 5 weeks

[BankFodder]

So why don't you just get stuck in and sue. You could have it all wrapped up in 4 or 5 weeks

[angry cat]

Hi!

 

I am very pleased that the Bank Action Group does exist and...

I (know) am aware that it was formed because of the immoral, scandalous & outrageous commission driven profits of the banks, Insurance & Mortgage companies. Consumers are at 'Risk' from these companies.

 

It costs a lot of money to take one of these 'Banking Giants' to court, it is not cheap. One would have to seek Counsels advice, or perhaps fail

 

If you have a less expensive alternative ...

I would love to know

 

Of course, I am not just referring to Penalty Fines.

 

I would love to sue MBNA but HOW

What, Where, HOW

 

Thanks for listening to me.

 

angry cat

[angry cat]

Hi!

 

I am very pleased that the Bank Action Group does exist and...

I (know) am aware that it was formed because of the immoral, scandalous & outrageous commission driven profits of the banks, Insurance & Mortgage companies. Consumers are at 'Risk' from these companies.

 

It costs a lot of money to take one of these 'Banking Giants' to court, it is not cheap. One would have to seek Counsels advice, or perhaps fail

 

If you have a less expensive alternative ...

I would love to know

 

Of course, I am not just referring to Penalty Fines.

 

I would love to sue MBNA but HOW

What, Where, HOW

 

Thanks for listening to me.

 

angry cat

[BankFodder]

If your claim is for less than £5000 then use the small claims procedure in the county court.

If you have some larger issue then you can tell us if you want but merely being cryptic doesn't help you or anyone else and takes time from all of us.

 

And by the way, you will never guess what single incident it was which lead to the creation of this Group. :o

[BankFodder]

If your claim is for less than £5000 then use the small claims procedure in the county court.

If you have some larger issue then you can tell us if you want but merely being cryptic doesn't help you or anyone else and takes time from all of us.

 

And by the way, you will never guess what single incident it was which lead to the creation of this Group. :o

[angry cat]

Hello-

 

Most sincerely !

 

I was not being sarcastic, nor cryptic....

Please accept my most profuse apologies if I have given that impression to you...Sorry

 

Factually, it was liike a 'breath of Fresh Air' when I discovered The Bank Action Group Website and....

I am simply a member of your group....

needing assistance

 

angry cat

[angry cat]

Hello-

 

Most sincerely !

 

I was not being sarcastic, nor cryptic....

Please accept my most profuse apologies if I have given that impression to you...Sorry

 

Factually, it was liike a 'breath of Fresh Air' when I discovered The Bank Action Group Website and....

I am simply a member of your group....

needing assistance

 

angry cat

[BankFodder]

Yes but you haven't said what your problem is with the MBNA