RP1978 vs Lloyds TSB, First Direct & MBNA

[rp1978]

Hi All

 

I am currently taking on the three institutions above with varying degress of success.

 

First Direct have been excellent and have offered full settlement with no problems.

 

Lloyds TSB have been a little slow in returning Bank Statements however received them today and have returned a request for £2337.

 

My problem lies with MBNA, they have not returned the requested statements, instead have credited my account with £490 as a goodwill gesture. I have roughly calculated that unlawful charges amount to £1016. Can anyone confirm how likely I am to acquire the full amount? The letter I have received seems quite heavy and working in the financial services myself seems correct. They state that I agreed to the charges when I signed up for the said Credit Card and that they are within their rights to charge me, therefore would I have a leg to stand on in court? if not should I accept the gesture? Any thoughts would be greatly received.

 

Many thanks in advance

 

RP

[RCR50]

Hi

 

I am sorry that I cannot help you with your problem - I am sure that you will have lots of replies to your post and very good luck with your claim.

 

Could I possibly ask you whether you added interest on your two successful bank claims or did you just ask for your charges back,,,How lond did the process take you and also do you actually have an account currently with either of them - I worry that my bank might ask me to close my a/c with them should I put in a claim.

 

Again, apologies for not being able to help with your queries - good luck. Many thanks

[rp1978]

First Direct was settled without interest however I did not have the account for long and therefore it would not have amounted to much.

 

Lloyds is my current account, they have not come back with an offer yet! I have opened a new account with A&L in anticipation of Lloyds closing mine, if they do not then I will stay with them.

 

Hope this helps

 

RP

[rp1978]

Anyone?

[ukaviator]

With regards to MBNA, you should accept the offer as partial payment only. Let them know that you will pursue them for the rest in court if neccessary. There is a letter here to help with your reply.

 

 

YOUR Street

Town

City

Postcode

 

 

Date

 

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

Response to settlement offer.

 

Dear [named sender or Sirs]

Thank you for your letter dated xx/xx/xx

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx

 

I will accept the sum 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.

 

My letter before action sent previously indicates that you have until xx/xx/xx to respond before Court action commences. You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

 

 

Yours faithfully

[signature]

Good luck

Uk

 

 

[MARTIN3030]

In the case of MBNA did you send them a SAR for statements ?

If so then they are in breach of failing to comply.

If you did not do so then you should send one.

If you already know the amounts that you are claiming then carry on with the process.

You need to send them a letter before action stating that you will only consider settlement for the full amount of your claim.

You will need to ammend a charges schedule which show the refunds,and carry on for the rest.

As its not clear what communications you have had its difficult to advise precisely,but you should get the picture.

[rp1978]

this is brilliant thanks, they did not treat my DPA request as formal and therefore sent dodgy copies of the statements, should i send back the cheque and ask for full formal DPA request before accepting the part payment or should I stick with what I have got and go back requesting the full amount what do you think?

 

Cheers

 

RP

[MARTIN3030]

Theres a couple of ways you can go here.

There is a template letter in the bank library that will address this.

They have only partially complied with your request.

Have a look at that letter I think I would send it.

Meantime you can carry on with the process by keeping to the set timetable.

Once you get the remainder of your statements you will be more able to decide what to do.

 

Data Protection Act - Non-Compliance - Template Letters