Sharkie - V - MBNA ** WON **

[sharkie]

I have had a MBNA account for many years, have always run it up and paid it off, a while back because of a late payment with our mortgage (due to C & G not collecting money after a bank change) they decided to put the account into suspense, although we continued to pay the minimum (the balance was only around £900) each statement stated a credt limit of £4500 with a balance available to spend.

We didn't need the account so when I brought the account into credit I assumed they would then take the account out of suspense, within a couple of days I received a phone call left on the answer phone from MBNA asking me to contact them, when I did no one would admit to the call, I asked what condition my account was now in, and they stated that as I had now brought the account up to date they considered it closed, I did ask how it can be closed in credit having received a statement stating my credit limit and available to spend amount, they have stated it was a part of the terms and conditions of the account.

Unable to get an answer I asked for a complete list of transactions and charges from my account, they suggested statements I did inform them that this was a S.A.R. after being shuffled to several people I have received quite a few statements (all sent in seperate envelopes and now it has dried up).

I have written confirming my S.A.R.

 

Now having read quite a few threads on MBNA they seem to be making thier own rules.

 

Any ideas on the account rule etc.

 

[sharkie]

Having first received approximately 3 years of statements, having spoken to them I then chased the remaining in writing, also asking for them to refund the £75 the charged for the statements they had sent, they ran to the end of the 40 day limit without supplying the remainder.

Soon after sending a warning letter regarding their non compliance when the complete listing turned up, along with a letter offering "as a goodwill gesture" about 40%, as full and final settlement stating it would be credited to my account, however a few days letter a cheque has arrived.

Now I have not agreed to this, I have not signed anything, I had not even sent them the preliminary request.

I have won all my other cases but have never received an offer (including the money) without asking.

Obviously I will carry on for the full amount, but do I keep the cheque and send letter accepting it as part payment, or do I send it back.

 

Anybody else had this.

[standingupformyself]

My advice would be to keep the cheque.....but use one of the template letters stating that you accept the cheque as a part of the settlement only, and that you still intend to persue them for the rest of the claim.

 

This sounds typical of MBNA, they do tend to send out offers (in my case they credited my account) in the very very early stages. I wouldn't be suprised if you get another offer a little way down the line.

 

Don't worry, keep going, you are doing everything right.

 

Did you receive credit for the £75 they took for the statements? You definately need to push for this........ It is a stat. charge of £10 and they know that.....

 

I see a bit of a pattern here..... you received your first payment without having to ask for it, therefore I am guessing that you have had your account with them for some time? maybe 5 or 6 years+ ? Normally I would suggest that you should send off for your CCA. However as your account is closed I don't beleive that they have to provide you with it. maybe someone could confirm this?? If the account is still open however, CCA them.... They won't have it, and it seems to provide good leverage with them....

Next step; work out your charges, plus interest (according to your most recent statement, in many cases it is 24.9%) send them the prelim approach for repayment, manipulate the rejection template letter and add it to the end of the prelim letter. Stating u are persuing £xx plus £xx in interest, Total £XX minus £XX which you received on the DATE and you thank them very much for! and you are still claiming for £XX

 

Good luck!

[sharkie]

Account is still open, they havn't credited the £75 I will persue this, as I said I wasn't expecting them to send a cheque without even asking. I will be sending the rejection letter ASAP with my schedule.

 

MBNA very strange.

[standingupformyself]

I am pleased the account is still open. Send off for your CCa, letter is in the templates...................... £1 and recorded delivery

 

xxx

[sharkie]

I have now received a very small copy of a copy of my original application form, the payment protection cover states £0.68 per £100, on balances under £1000 they have been rounding it up to the nearest £100, however over that I cannot calculate how they have arrived at the fee.

 

 

Anybody got any ideas

 

Sharkie

 

Sharkie - V - Woolwich = Won

Sharkie - V - Sainsbury's Visa = Won

Sharkie - V - HSBC = Won

Sharkie - V - Halifax = Won

[sharkie]

Settled in full.

 

This one was the easiest, now for the PPI.

 

 

Sharkie

 

Sharkie - V - Woolwich = Won

Sharkie - V - Sainsbury's Visa = Won

Sharkie - V - HSBC = Won

Sharkie - V - Halifax = Won

Sharkie - V - MBNA = Won

[zootscoot]

Well done Sharkie!!!!

 

 

Congratulations! :D

[Hopeful1]

Settled in full.

 

This one was the easiest, now for the PPI.

 

 

Sharkie

 

Sharkie - V - Woolwich = Won

Sharkie - V - Sainsbury's Visa = Won

Sharkie - V - HSBC = Won

Sharkie - V - Halifax = Won

Sharkie - V - MBNA = Won

 

Talk about on a mission!

 

Sorry i've only come to this at the end, but well done

[sharkie]

Thanks hopeful.

 

Have to say, although I fell out with MBNA sometime before I claimed, they did roll over extremely easily.

 

I think the PPI will be hard, I compiled my listing and requested it back + interest.

 

Received a long reply from (computer generated) Gail Powell Vice President, nice to know I am so important.

 

Letter states "our records show that the PPC was applied to your account following your request at the time of completing your application".

 

They never sent me a copy of my CCA, I just received a copy of a copy of my application form, some boxes have properly defined ticks eg on status, employment etc. some are just a dash across the box, I can't remember if I did it or not.

Their argument is if I was unhappy paying for it then why did I not stop it, which is a fair statement, however it is not until you start to look into it that you realise what little cover it gives and how much you pay for it.

 

So what next.

 

 

Sharkie

 

Sharkie - V - Woolwich = Won

Sharkie - V - Sainsbury's Visa = Won

Sharkie - V - HSBC = Won

Sharkie - V - Halifax = Won

Sharkie - V - MBNA = Won

 

 

If this has been of any help, and or support click on the scales.

[sharkie]

Forgot to mention.

 

The letter is supposed to have come from the "Vice President", however they have put completely the wrong account number on the letter.

 

 

Sharkie

 

Sharkie - V - Woolwich = Won

Sharkie - V - Sainsbury's Visa = Won

Sharkie - V - HSBC = Won

Sharkie - V - Halifax = Won

Sharkie - V - MBNA = Won

 

 

If this has been of any help, and or support click on the scales.

[Hopeful1]

The fact is that the PPI was obviously never discussed or explained. You may not have realised the PPI was not compulsory if it wasn't discussed with you, it's only recent media attention that made you realise your rights.

 

They have not even got an agreement to clarify the terms that you agreed to.

 

This thread gives some good info:

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/61081-ppi-some-notes-claimants.html