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Roscodog18 V MBNA Round 2

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In November MBNA repaid me 6 years penalties plus contractual interest without a fight. Just as they paid out I incured a £12.00 charge.


My balance is now £0.00, howerver MBNA tried to take a £10 direct debit 09/12/06 (despite my zero balance!) and charged me £12.00 for the returned direct debit, my bank then charged me £39.00 to bounce the £10 direct debit which MBNA should not have asked for in the first place!


I called MBNA, they asked me to fax a copy bank statement to confirm the banks £39 charge and they refunded the £12 because I didn't owe them anything and blamed the computer......still waiting for the £39 to be refunded by them.


02/01/07 I recieved a letter from Susan Pemberton which basically said the £12 charge from November will stand because we have 'as a gesture of goodwill' repaid you quite enough thank you very much.


I posted and faxed this to them today



Letter Before Action


Dear Susan Pemberton,


ACCOUNT NUMBER: ****************



MBNA previously refunded unlawful default penalties and contractual interest on my account totalling £**** for the 6 year period to October 2006.


Your letter of 02/01/07 implies that this was an act of ‘courtesy’ by MBNA when in fact this money had been unlawfully taken from my account. Prior to my first letter asking that this money be repaid your company policy had misled me into believing that these charges were just.


I am now fully aware that they are not.


I wish to submit a FULL S.A.R - (Subject Access Request) request for the entire period that I have held an account with MBNA, not simply a list of penalties applied over the last 6 years.

It is my intention to reclaim ALL penalty charges that have been applied to this account, plus contractual interest since the account was opened. I hope you will enter into a meaningful dialogue regarding this.


Please advise me the name and address the S.A.R - (Subject Access Request) request be sent to.


On 17/10/06 you applied another default penalty of £12.00 on my account.


Once again I request that this be refunded.


On 09/12/06 you attempted to take a £10.00 direct debit from my bank account, my account balance at this time was £0.00. Your attempt to take a payment that was not due resulted in an MBNA £12.00 penalty charge, this was refunded after I telephoned your company. Your actions resulted in my bank charging me £39.00 for a returned direct debit. I was told to fax a copy statement detailing this bank charge and that MBNA would refund it.


This has not been refunded as yet.


I request that you refund the £12.00 charge from 17/10/06 and the £39.00 bank charge incurred due to your action.


If you do not respond positively within 14 days I shall start a Small Debt Claim at Carlisle County Court.




Yours faithfully,






I now have a zero balance (although MBNA will not reinstate my card, retaliation I think?) and am happy to become a huge thorn in their side.

My account with them goes back far more than 6 years with charges all the way.


Has anyone else gone back more than 6 years with MBNA?






PS I am in Scotland but have set up a mailing address in North England (£45+vat a quarter) as I have several ongoing claims which were over the Scots £1500 Summary Cause limit

"What counts is not necessarily the size of the dog in the fight; it's the size of the fight in the dog."

Dwight D. Eisenhower

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