strange!?

[RCR50]

I wrote to MBNA asking that they refund all charges over the last 6 years - I used an excellent letter that somebody who had won with MBNA showed me.....I enclosed a £10 cheque for my last 6 years of statements.

 

This morning whilst checking all of my account balances etc I noticed that £10 had been credited on 28th Feb which confused me because I actually paid £40 into that account on the 1st March. This morning there was a brief letter from MBNA simply thanking me for my letter and saying they are currently investigating my complaint and will provide me with a full response by 22nd March...They encolsed a standard sheet with this - entitled, `Our commitment to you` with the address of the financial ombudsman and their customer satisfaction department......

 

The £10 credited to my account has been bugging me and I thought that perhaps it was just a small good will gesture from them.....however, having checked my bank account online there does not seem to have been £10 paid out unless it simply does not show yet.......I suspect that it will indeed show up as a debit in my bank account soon which implies that MBNA have used the £10 I sent them for my statements as a payment off my balance.

 

I am slightly confused....has anybody any idea why they have done this please....

 

Many thanks.

[seniorservice]

That'll be the £10 you paid for your SAR (the statements you requested). They also do this for CCA requests (the £1 you send for a copy of the executed agreement under Section 78. This is good news and shows they've received your letter. The clock has started ticking - good luck with your claim - plenty of friendly people - all MBNA lovers - on here to support you.

[RCR50]

Senior service hi

 

Thank you very much for your message. The £10 cheque has indeed gone through my bank account today. Could you or anybody tell me what I should do now please....as obviously they have no intention of sending me my statements. The letter they sent me said they would respond to my complaint by 22 March. Also, surely it is unlawful of them not to comply to my request for statements...

 

Many thanks.

[dx100uk]

can i just clarify something

you say you wrote asking them to refund your charges & sent £10?

did this letter contain te standard SAR line:

i want a list of charges or statements dating back 6yrs etc

 

just read 2nd post.........clearer now.

 

good luck

 

dx100uk:o

[PKea]

Can you post on here the Actual letter that you sent to MNBA, then we can help you better

[RCR50]

Thanks guys...this is a copy of the letter I sent - I am no good at cutting a pasting etc so am copying the letter and there may be lots of mistakes. I am currently claiming from LTSB and that is what I am mostly concerned with - however, I just thought that I would claim back my charges from MBNA feeling there would only be several hundred in charges......

I have held the above credit card account with you during the last 6 years. During this time I incurred charges for late payments and for exceeding my credit limit due to disporportionately high penalty charges. It is my opinion, and that of the Office of Fair Trading, that these charges are punitive in nature, not a genuine pre-estimate of cost and not intended to reimburse your losses for a breach of contract occurring. Futher to the 1999 Consumer Credit Regulations quoted by the OFT, there are numerous cases in law that prove that punitive charges in contracts are unenfrceable at English Law.

Murray V Leisure play (2004)

Dunlop Tyre Company V New Garage and Motor Company (1915)

Bridge and Campbell Discount comany Ltd (1962)

Further to these cases, I also believe these charges to be a direct breach of the Unfair Contracts Terms Act 1977 which require that contract terms are reasonable. I do not believe these charges are reasonable as outlined int he aforementioned Act.

With this in mind, I respectfully request that you return to me ALL charges made on this

account in the last six years, plus a corresponding amount in consideration of the contractual interest charged by you on these charges withing 14 days of receipt of this letter by way of a personal cheque.

Further to this, if you decide NOT to accept my offer of settlement of this issue I would like to make a formal request under the Data Protection Act for a complete and exhaustive list of all charges made on this account over the last sic years. As you are no doubt aware, you are afforded forty days (as of today) to comply with this request or you must request an extension from the Information Commissioner. If you are in any doubt that this information is covered by the Act, may I respectfully draw your attention to the case of Durant V FSA (2003) where the judge ruled that bank statement information is indeed personal information and thus covered. In any event this information is requested with a view to prospective legal action on my part and therefore would be covered under the same Act.

 

I enclose my cheque for £10 in payment of the appropriate fee as stipulated by the Act. Once my statements are received I shall write to you with actual amount that I request repayment of giving you 14 days to comply. If you choose not to do so, I will send you another letter with a further 14 days in which to reflect after which I will start proceedings for recovery in the county courts, as I believe that legally I am entitled to this money back. By doing so you will be liable for my court costs and for an extra 8% APR as allowed by the County Courts Act (1984).

Should you wish to discuss this matter with me further, prior to acquiescing to my request, then please do so in writing as I would prefer all correspondence between us to be in writing for my records. Thank you for your attention in this matter.

Yours very respectfully and lovingly (only joking!)

They received this letter on 23 February and have said they will respond by 22 March and they paid the £10 cheque I sent them into my account on 28th Feb..........

 

Have I messed up somewhere?

 

Any thoughts or help greatly appreciated.

 

[dx100uk]

i dont think you have, you have just been 'nice'

 

what you appear to have done is said 'give me back my charges + 'some' cont int. i have not provided a figure, i trust you to do that. however, if you dont i will go down the legal route.

 

now the interesting thing here is their response [ps i dont know how they normally act] .

they appear to have [by putting your £10 cheque into your A/C] accepted your 'nice' request and are complying with it [to what financial level - who's best guess].

if they were not going to do that, then your cheque would be cashed and statements/list dispatched.

 

thats my view anyhow.

 

could all just be a delaying smokescreen though

you did not follow the normal process, so we won't?

 

ofcourse they will in the end, they might just be playing with you.

 

dx100uk;)

[PKea]

IF your request was recieved on 23 feb and they say they will respond by 22 March, then its within the 40 day limit.

Just standard letters youre receiving.