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Bunnykins321 vs MBNA Accept offer or not?


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Hi

 

I've been following all your threads with interest and have used them for guidance with my claims so far. I thought that it is about time that I contributed in some way and also I could do with some advice on where to go from here.

 

I have two MBNA Credit Cards and I would like to claim back charges on both cards.

 

The story so far:

 

Preliminary letter re both cards sent 8 August

 

Following Letter received dated 18 August

 

Quote

 

Dear XXXXX

 

Account XXXX

 

Thank you for your letter dated August 8 2006 which we received on August 15 2006. We are currently investigating your complaint and will send you a full response by September 11, 2006.

 

In the meantime, should you have any queries please call Stephen Bailey on 01244 672628 Monday to Friday 8am - 5pm.

Yours sincerely

David Anderson

Customer Satisfaction Manager

 

The following letter was then received dated 11 September

 

Quote

 

Dear XXXXXXXXXX

 

Account XXXXXXXXX/XXXXXXXX

 

We refer to your recent correspondence concerning default fees on your account. I would like to clarify the situation from our prerspective.

 

We have always set out precisely what our charges are in our agreement with you, as they are an intergral part of the terms and conditions under which we are prepared to provide credit facilities. When Customers pay late, we incur substantial costs in dealing with their default. Similarly, we have set credit limits carefully for each Customer and for good reason. We expect every Customer to respect their credit limit. If a Customer goes over their credit limit, he or she is using the card in a way that is not allowed, in effect obtaining unauthorised borrowing. We, therefore, lend more than we agreed to, and take on risks, which were never accepted in the first place. In the case of both late payments and overlimit usage, and also where a cheque is returned unpaid, we look at the portfolio as a whole and set uniform charges reflecting our costs of dealing with such defaults of customers overall, as do all other major credit card providers. This approach allows us to be clear and upfront about all default charges and the basis on which they are applied.

 

Our view is therefore that the charges that you agreed to are valid, fair and enforceable. Term 3b of your credit agreement with us clearly states that you must pay £25 each time your payment has not reached your account within one day of your payment due date, or when you exceed your credit limit, or a cheque is returned unpaid.

 

You will find at the end of this letter details of all relevant charges to your account (and any associated credits). Should this information not be sufficient, and you wish to make a full data subject access request under section 7 of the Data Protection Act 1998, please complete and return the attached form.

 

Please ensure to include the fee of £10 (cheques to be made payable to MBNA Europe Bank Ltd) and appropriate ID (e.g. photocopy of driver's licence or passport).

 

We do value your custom and so we would like to resolve this matter. I have therefore credited account xxxxxxxxx with a goodwill payment of £120 and I have credited account xxxxxxxxx with a goodwill payment of £180 on the basis that this is in full and final settlement of your complaint. I trust that you will find this an acceptable resolution.

 

You may know that the Office of Fair Trading has recently issued guidelines for the level of credit card default charges. MBNA disagrees with the OFT's interpretation of the law and continue to maintain that its default charges have always been fair, legal and trasparent. However, we have decided to reduce our default charges to £12 with effect from 28 June for late payments and returned payments, and 28 July for overlimit fees. You will have received notification of the changes to the terms and conditions. We expect you to honour the revised terms of your agreement with us. If you do not do so, we will have no alternative but to cancel your card and to formally terminate your credit agreement.

 

I enclose a copy of 'Our Commitment to You' leaflet for your information.

Yours sincerely

Steve Bailey

Director of Customer Advocate Office

 

Enclosed with letter was a list of charges incurred for both accounts showing that the amounts owed were £430 - £180 = £250 and £400 - £120 = £280 (this does not include any interest)

5 October SENT LETTER REQUEST FOR PAYMENT OF CHARGES (respectfully declining their offer of settlement and asking for all charges to be refunded.)

TELEPHONE CALL CENTRE HARRASSMENT STARTED 7 DAYS A WEEK UP TO 5 - 6 CALLS A DAY THIS RESULTED IN US PAYMENT OFF THE ACCOUNTS AND WRITING THE FOLLOWING LETTER FOR EACH ACCOUNT:

Quote

Steve Bailey

Director of Customer Advocate Office

MBNA Europe Bank Limited

Customer Assistance Department

PO Box 30

Chester CH4 9FD

 

11 October 2006

 

REQUEST FOR REPAYMENT OF CHARGES

 

Dear Sir,

 

ACCOUNT NUMBER: XXXXXXXXXX

I refer to my letter dated 5 October asking you to refund the charges you have levied from my account over the last six years.

The balance of the account has been paid in full through a credit transfer at my bank, with the exception of the amount I am claiming from you in the sum of £XXXX. Until you refund this amount, I suggest that no further interest or charges are levied.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle to refund the charges and close my account.

The reason for closing the account is due to the harassment, unhelpfulness and aggressive attitude shown by your various overseas call centre staff. In one day we received and answered no less than 5 calls each of which were asked to call back after 6.00 p.m. when I would be home from work but this simple instruction was ignored. This is a totally unacceptable standard of service and one that I have taken great exception to.

I look forward to receiving your confirmation that the account has been closed.

Yours faithfully

XXXXXXXXXXX

Didn't hear anything for next 14 days so then sent LETTER BEFORE ACTION on 25 October (Enclosed statement with added interest which £430 + £78.78 interest - £180 = £328.78 and £400 + £70.98 interest - £120 = £350.)

 

Received following letter dated 31 October

 

Quote

 

Dear xxxxxxxx

 

Account XXXXX/XXXXXXXX

 

I refer to your recent complaint regarding default charges.

 

We reitereate that we have always set out precisely what our charges are in our agreements with you, as they are an integral part of the terms and conditions under which we are prepared to provide credit facilities. Our view is therefore that the charges that you agreed to are valid, fair and enforceable. Term 3b of your credit agreement with us clearly states that you must pay £25 each time your payment has not reached your account within one day of yoru payment due date, or when you exceed your credit limit, or a cheque is returned unpaid.

 

Your comments about telephone calls you have received on behalf of our Customer Assistance department have been noted. However, as a resonsible lender, MBNA strive to keep our Customers informed of the situation on their account by telephone calls and letters. Whilst an account is operating outside of our Terms and Conditions, we have responsibility to try to agree a payment arrangement with our Customers.

 

We will nto be able to close it until you have paid your balance in full. Any outstanding balance on your account must be repaid within the existing terms. Where appropriate, interest and fees will conintue to be charged and may be subject to rate changes. In view of this, please be aware that even if your balance has recently been paid in full, there may be interest on your next statement. This is calcultted on a daily basis from your statement date until the date your full payment reaches your account. Your account balance needs to be clear before it will be reported as closed with the credit reference agencies.

 

Please note that we are unable to amend any information reported to the credit reference agencies, as your credit file relfects the previous late payments you have made. However, as we would like to resolve this matter, we have credited your accounts with goodwill payments, as follows, on the basis that this is in full and final sett.ent of your complaint. You will appreciate that this does not mean that we agree with your complaint. xxxxxxx £250, this is in addition to the previous goodwill payment of £180.

 

xxxxxxxxxx £206, this is in addition to the previous goodwill payment of £120. Please note that you were charded a total of £326 in fees, after taking into account any refunds, on this account up to Agusut 2006, when you initially contacted us.

 

You will know that the Office of Fair Tradiing has recently.........(same as last letter)..............agreement with us.

 

I enclose a copy of 'our Commitment to You' leaflet ...(same as last letter).................... If we do not hear from you within eight weeks of the date of this letter, we will assume that the matter is closed.

Yours sincerely

Rachel Claridge

Customer Advocate Office Department Manager

 

 

What is our next move? What letter should I use to reply? Should I insist on them returning all charges + interest even if it means going to court? I would like your advice.

 

 

Laura Ashley - Prelim Letter Settled in Full £100

Tesco (RBS) - LBA - offered £64 - still owe me £136.19 - second LBA letter sent 12 Nov 2006

Mint (RBS) - LBA - offered £54.23 - still owe me £70 second LBA letter sent 14 Nov 2006

LLoyds Gold - Moneyclaimol 12 Nov 2006

LLoyds Plat - Moneyclaimol 12 Nov 2006

Lloyds Classic - LBA letter sent 12 Nov 2006 for £2,593

Lloyds Classic - LBA letter sent 12 Nov 2006 for £508.65

MBNA (2 accounts) - Two goodwill payments received so far totalling approx £700 - just going in for the final kill!

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Take them to court once the 14 days are up. They are trying to fob you off. Don't settle for anything less than what you have asked for.

_________________________________________

Alliance & Leicester MBNA Credit Card

Data Protection Act letter sent 3 July 2006.

Incomplete list of charges received 12 August 2006

Requested repayment of charges 10 November 2006

LBA sent 24 November 2006

Estimated £4650 in fines and interest.

Barclaycard

Data Protection Act letter sent 3 July 2006.

Incomplete statements sent 9 July 2006

Requested repayment of charges 14 August 2006

LBA sent 30 August 2006

Estimated £468 in fines and interest.

Initiated claim at MCOL 20 September 2006

Claiming £615.47 including fines & interest, s69 interest and costs

Claim acknowledged 10 October 2006

Defence filed 20 October 2006

Settled in full £640 total. 14 December 2006

Vodafone

Requested Default Notice removed 10 July 2006

Received letter agreeing to request 10 August 2006

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  • 2 weeks later...

Please can someone help. I am trying to have a conversation with either Rachel Claridge (Customer Advocate Office Department Manager) or Steve Bailey (Director of Customer Advocate Office). I have been in correspondence with both of these people but have reached a block and would like to talk to either of them to further my claim - having received two goodwill payments on both my accounts there is only about £300 now outstanding in charges and would like to have a chance of sorting this out before issuing more court papers. I have tried the Customer Satisfaction Department but they say that they dont know who they are!!!! They have no telephone contact numbers for them and have no details about them.

 

The letters I have received have no contact numbers or fax numbers on them. After leaving me hanging on for ages Scott evenually told me that the Advocate Office on deal with people by letter and that he would send them an email asking them to contact us. I said that I would be issuing court papers on Monday so hope to receive a call.

 

If anyone can help I'd be grateful - I know that some of you guys have spoken to them on the phone.

 

Thanks for your help.

 

Super Mad Raging Bunnykins

Laura Ashley - Prelim Letter Settled in Full £100

Tesco (RBS) - LBA - offered £64 - still owe me £136.19 - second LBA letter sent 12 Nov 2006

Mint (RBS) - LBA - offered £54.23 - still owe me £70 second LBA letter sent 14 Nov 2006

LLoyds Gold - Moneyclaimol 12 Nov 2006

LLoyds Plat - Moneyclaimol 12 Nov 2006

Lloyds Classic - LBA letter sent 12 Nov 2006 for £2,593

Lloyds Classic - LBA letter sent 12 Nov 2006 for £508.65

MBNA (2 accounts) - Two goodwill payments received so far totalling approx £700 - just going in for the final kill!

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Thanks for that - I'll give it a try on Monday. Not surprisingly I've received no telephone calls from them so far - they are obviously not too bothered about the threat of receiving yet more court papers!

 

They have already paid me back £430 on one account and £326 on another but they still have £80.85 and £146.65 and I'll be damned if they are keeping it because its mine.

 

Well back to the combat tactics on Monday - hope to have some good news to report back.

 

Thanks again

 

Hopeful Bunnykins

Laura Ashley - Prelim Letter Settled in Full £100

Tesco (RBS) - LBA - offered £64 - still owe me £136.19 - second LBA letter sent 12 Nov 2006

Mint (RBS) - LBA - offered £54.23 - still owe me £70 second LBA letter sent 14 Nov 2006

LLoyds Gold - Moneyclaimol 12 Nov 2006

LLoyds Plat - Moneyclaimol 12 Nov 2006

Lloyds Classic - LBA letter sent 12 Nov 2006 for £2,593

Lloyds Classic - LBA letter sent 12 Nov 2006 for £508.65

MBNA (2 accounts) - Two goodwill payments received so far totalling approx £700 - just going in for the final kill!

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Keep at it bunnykins - MBNA are a bit thick - I've so far received the same letter back from them as my SARs request and my LBA - they've tried to palm me off with a measly £40 goodwill payment when I'm after £250 ish.

Paul Miney or Gareth Tunnicliffe seems to be the best people to contact - good luck

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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Thanks Redsue - I'll give them a go on Monday and let you know how I go on. Keep going with your claim you'll get there - I'm on my second goodwill payout and now going for the final goodwill payout - fingers crossed!

 

Bunnykins

Laura Ashley - Prelim Letter Settled in Full £100

Tesco (RBS) - LBA - offered £64 - still owe me £136.19 - second LBA letter sent 12 Nov 2006

Mint (RBS) - LBA - offered £54.23 - still owe me £70 second LBA letter sent 14 Nov 2006

LLoyds Gold - Moneyclaimol 12 Nov 2006

LLoyds Plat - Moneyclaimol 12 Nov 2006

Lloyds Classic - LBA letter sent 12 Nov 2006 for £2,593

Lloyds Classic - LBA letter sent 12 Nov 2006 for £508.65

MBNA (2 accounts) - Two goodwill payments received so far totalling approx £700 - just going in for the final kill!

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  • 1 month later...

Hi Bunnykins,

 

I am at the exact same stage as you against MBNA, in that, they offered me a full & final settlement offer before xmas, i declined it stating exactly as you have done, and now, i then received a 2nd full & final offer less any charges that were refunded previously. However, i am trying to find out if i can re-send my LBA again but this time adding the contractural interest also. and if so, do i resend LBA with original date or todays date?

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