grey lady21 v MBNA

[grey_lady21]

Hello,

 

I have looked in the templates but couldnt find a letter suitable for when they write back to your 'letter before action' saying they have credited your account with a partial refund. So here's what i have so far - can anyone give me some suggestions / feedback please.

 

thanks,

 

------------------------------------

 

Dear xxx,

 

Thank-you for your letter dated 02/06/06, I am writing to accept your offer of £389.95 as a partial settlement only. My letter dated 04/05/06 and repeated in my 'letter before action' dated 31/05/06, requests repayment in full of standard charges (overlimit fees and late fees) applied to my account during the past 6 years totalling £620, therefore i calculate that £230.05 is still outstanding and if i have not received a cheque from yourselves for this outstanding amount by 14/6/06 I will be continuing with my claim (and will also be including interest plus costs) without any further communications.

 

May i remind you that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations. I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

 

Yours faithfully,

[lickthewallfatboy]

I think you're doing just fine!!

[surreyscouse]

go for it ! Just make sure you send it recorded delivery and then they can't say they didn't receive it

[grey_lady21]

Many thanks, am off to the post office now to send it recorded - that will give them a week before i clain.

 

Cheers for the feedback.

[paulyates]

Send the letter but phone the number on the bottom of the partial refund letter to speak to Gareth Tunicliffe, this is what I have done, tell him you don't accpet that as full settlement and that you thought it courteous to inform them that you will be takin further action. MBNA definetly don't want to go to court, and he will ask what it will take to stop this, and, I did this and one phone call later I had my full refund! Just speeds things up slightly, he was quite courteous aswell, it his job to be as he deals with executive complaints.

[grey_lady21]

As it's been ten days since they wrote to me telling me about the partial refund. I phoned up their CS dept today and asked what the balance and was suprised to see that the refund hadnt actually appeared on my account.

 

They also havent responded to my reply saying thanks for the partial settlement etc

 

Now i'm not sure - should i file for the full amount? (or trust them that the refund is on its way)

[grey_lady21]

Well i just phoned this Gavin bloke and he said that the refund is on its way and should only take a couple of days. So i said that id phone back in two days and see if the refund (£389.95) has shown up on my account and if it has then I only file for the partial amount of £230.05 and if its still not there then i file for the full amount of £620.

 

Although i was polite to him and gave him every chance to say that he would refund the extra £230.05 as well and save going to court he didnt

 

Now im wondering - even if the partial refund does show up on my account, should i be claiming for the full amount anyway? (and advising the court that partial settlement has been promised / received)

 

Any advice?

 

cheers,

[surreyscouse]

i would give them a call. don't bother with the CS number, go straight through to the advocates office and aske them when the refund will be on the account. Whilst on the phone you could probably double check that they received your recorded delivery letter which may get them to agree the full refund if you get drawn in to conversation. May speed things up a bit. some people on here say do everything in writing but i say do what suits you and then confirm everything in writing.

 

I suppose the best thing to do is say "will the refund be shown byxxx date ? because this is the day i will be issuing a summons" that should get a response from them

[grey_lady21]

Well it's now been 11 days and despite the little chat with Gavin yesterday the refund that has apparantly been done still hasnt shown up on my account.

 

If its not there tomorrow then i guess i file for the full amount + interest and charges and amend the paperwork if the partial refund does eventually show up?

 

Cant say fairer than that...

[grey_lady21]

Just a quick update - the refund has now appeared on my account and i finally owe them nothing

 

I tried to get them to refund the other £230.05 but they still arent playing ball, the chap i spoke to (Daniel i think) was really nice but he wasnt allowed to refund me the rest and agreed that it didnt make much sense but there was nothing he could do.

 

So now i think i will file just for the outstanding £230.05 (plus interest and costs) because thats what is still in dispute if that makes sense.

 

Hope im doing this right!

[surreyscouse]

you are spot on with what you are doing, don't worry