Jump to content

 

BankFodder BankFodder


miavega

Pre 6 years?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4839 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I have just agreed to a PARTIAL settlement with MBNA for the last six years of charges plus interest at 27.9% compounded (and will be donating as soon as get the cheque!!!).

 

However I now wish to claim for the four years previous to this and have drafted the following letter - any hints or tips would be gratefully received as would any pointers to any threads with success stories for older charges.....

 

Dear Colin

Further to our telephone conversations and to the written correspondence I have received from your colleagues at MBNA I am pleased to confirm that I have accepted your two payments to my credit card (£510, and £560) and your cheque for £820 (as yet not received) as PARTIAL settlement of my claim against yourselves. I will accept it as full settlement for the six years dated from 2000 to 2006.

Whilst I appreciate the conversations we have had with regards to claims going back further than 6 years I do not agree with your arguments and therefore will pursue a further claim against MBNA for the four years previous to the six we have already settled.

Despite my Subject Access Request plus payment of £10 being received by yourselves, you have chosen to return the payment to me and give me transactional data for only six years. On the telephone you stated that you no longer had access to records on my account for the four years of 1996, 1997, 1998 and 1999. As you are unable to provide me with this data my claim will be based on the provable averages charged to me in the six year period that you have supplied data for.

As we have already agreed the average charge for the six year period was £177.50 per year and therefore my claim for the four year period will total £710.00. Again, as already discussed I have no wish to be unreasonable and so will calculate interest for this four year period at the lower rate of 15.4% instead of the 27.9% which was applied to the six year period. This brings the total claim amount to £2428.79.

As the OFT has stated that the principles underlying its report on credit card default charges are analogous to standard default charges in bank current accounts, I contend that it is likely that MBNA have concealed the punitive nature of current account default charges from me and other customers. I therefore further contend that Section 32(1)(b) of the Limitation Act (1980) applies and that my claim is therefore not time barred.

S.32 (1) (b) of the Act says:-

32.--

  • (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-
    • (a) the action is based upon the fraud of the defendant; or
    • (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
    • © the action is for relief from the consequences of a mistake;

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it....

 

The OFT by their investigation has announced that at least all charges more than £12.00 are unfair in that they are most unlikely to represent the true costs of a breach of the banking contract. Also the OFT has made it clear that this is their tolerable maximum before automatic intervention and that charges will normally be much less than this figure. The OFT has based their conclusion upon evidence provided by the banks and by their own research. Therefore it is reasonable to conclude that the banks must have known this all along.

The banks have always refused to reveal their costs - even to a Treasury Select Committee and certainly to their customers. Most customers have received letters in which the banks have claimed that their charges have been fair and reasonable.

It seems quite reasonable to infer that the banks must have concealed the information and therefore the cause of action and that this has been done deliberately. Of course, the test is simple. If the bank agrees to go to court with you, then simply ask them at the hearing if they will say what their costs are. The Bank will probably refuse to do so.

This refusal alone would probably establish the deliberate concealment.

If this is the case then we can say that the 6 year limitation period starts on the day of the OFT statement.

Colin – I have looked into the statute of limitations with some care and I feel duty bound to tell you one reason I have decided to go ahead with claiming for the four year disputed period is that I have proof that MBNA have paid out to other customers for as much as eleven years.

I require repayment in full of this money in the sum of £2428.79. If you do not comply fully within 14 days then I shall begin a further claim against you for the full amount plus my costs and without further notice.

Yours sincerely

miavega:)

 

 

 

 


NatWest Bank charges

01/10/06 S.A.R - (Subject Access Request) sent

06/10/06 Statements arrived

17/10/06 Prelim letter sent claiming £929

23/10/06 Bog off letter received

25/10/06 LBA sent

01/11/06 Second bog off letter received

 

MBNA Credit Card

17/10/06 S.A.R - (Subject Access Request) + £10 cheque sent

26/10/06 Letter telling me they will respond by Nov 16th

Share this post


Link to post
Share on other sites

whey hey! I can feel a letter coming on myself, since I've had this particular card for 13 years!! I'm currently claiming on two accounts with MBNA for me and hubby but have been sidelined with a much bigger claim with our bank. :) keep us posted :D


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

Share this post


Link to post
Share on other sites
I have just agreed to a PARTIAL settlement with MBNA for the last six years of charges plus interest at 27.9% compounded (and will be donating as soon as get the cheque!!!).

 

However I now wish to claim for the four years previous to this and have drafted the following letter - any hints or tips would be gratefully received as would any pointers to any threads with success stories for older charges.....

 

Dear Colin

Further to our telephone conversations and to the written correspondence I have received from your colleagues at MBNA I am pleased to confirm that I have accepted your two payments to my credit card (£510, and £560) and your cheque for £820 (as yet not received) as PARTIAL settlement of my claim against yourselves. I will accept it as full settlement for the six years dated from 2000 to 2006.

 

Whilst I appreciate the conversations we have had with regards to claims going back further than 6 years I do not agree with your arguments and therefore will pursue a further claim against MBNA for the four years previous to the six we have already settled.

 

Despite my Subject Access Request plus payment of £10 being received by yourselves, you have chosen to return the payment to me and give me transactional data for only six years. On the telephone you stated that you no longer had access to records on my account for the four years of 1996, 1997, 1998 and 1999. As you are unable to provide me with this data my claim will be based on the provable averages charged to me in the six year period that you have supplied data for.

 

As we have already agreed the average charge for the six year period was £177.50 per year and therefore my claim for the four year period will total £710.00. Again, as already discussed I have no wish to be unreasonable and so will calculate interest for this four year period at the lower rate of 15.4% instead of the 27.9% which was applied to the six year period. This brings the total claim amount to £2428.79.

 

 

As the OFT has stated that the principles underlying its report on credit card default charges are analogous to standard default charges in bank current accounts, I contend that it is likely that MBNA have concealed the punitive nature of current account default charges from me and other customers. I therefore further contend that Section 32(1)(b) of the Limitation Act (1980) applies and that my claim is therefore not time barred.

 

 

S.32 (1) (b) of the Act says:-

32.--

  • (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-
    • (a) the action is based upon the fraud of the defendant; or
    • (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
    • © the action is for relief from the consequences of a mistake;

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it....

 

 

The OFT by their investigation has announced that at least all charges more than £12.00 are unfair in that they are most unlikely to represent the true costs of a breach of the banking contract. Also the OFT has made it clear that this is their tolerable maximum before automatic intervention and that charges will normally be much less than this figure. The OFT has based their conclusion upon evidence provided by the banks and by their own research. Therefore it is reasonable to conclude that the banks must have known this all along.

 

The banks have always refused to reveal their costs - even to a Treasury Select Committee and certainly to their customers. Most customers have received letters in which the banks have claimed that their charges have been fair and reasonable.

It seems quite reasonable to infer that the banks must have concealed the information and therefore the cause of action and that this has been done deliberately.Of course, the test is simple. If the bank agrees to go to court with you, then simply ask them at the hearing if they will say what their costs are. The Bank will probably refuse to do so.

 

This refusal alone would probably establish the deliberate concealment.

If this is the case then we can say that the 6 year limitation period starts on the day of the OFT statement.

 

 

Colin – I have looked into the statute of limitations with some care and I feel duty bound to tell you one reason I have decided to go ahead with claiming for the four year disputed period is that I have proof that MBNA have paid out to other customers for as much as eleven years.

 

I require repayment in full of this money in the sum of £2428.79. If you do not comply fully within 14 days then I shall begin a further claim against you for the full amount plus my costs and without further notice.

 

Yours sincerely

 

miavega:)

 

 

 

 

 

On a personal note i thank you are opening a can of worms by writing to them in this fashion.

 

MBNA have been very effective at dealing with people directly and avoiding paying out what claimants are entitled to.

 

For clarification you should realise, if you don't already that is, that you can claim for the charges, interest you have paid as a result of those charges plus on top of this contractual interest (or statutory interest) from the date the money was debited to your account to the date it was repaid.

 

If the MBNA give you figures its because it suits them not because its what your entitled to. They are a business and businesses don't give anything away unless it suits their propose, at least my company doesn't and i don't see the big corporate MBNA doing anything different.

 

You should resend the SAR since they effectively rejected the first one and if they do the same again repudiate their position and insist they take the SAR as submitted and confirm the number of days they have left for compliance.

 

with regards to their claim to not be able to find your data, i suggest that if they fail to provide it you take then to court. CO-op told me the same IE they only had data going back six years, upon submitting the claim to court they have found data of mine going back more than 9 years.

 

I would not estimate your claim even if MBNA agree it, its only because it suits them and you may have more charges than the estimate.

 

All in all MBNA are playing the nice guy and relying on peoples ignorance to reduce the costs to them.

 

JMHO

 

Glenn


Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...