Can I claim back late fees

golf18

I had a credit card that got "transfered", or bought by MBNA. My payment date used to be the 1st of the month, this got changed to the 21st. there was no discussion and no opportunity to change this date and so have been paying late charges. I have today received my SAR details. Can I claim back the late fees based on the change of dates with no consultation?

Orford

Can I claim back the late fees based on the change of dates with no consultation?

You can claim late fees, period. Change of dates is irrelevant.

MarkyMarkD

Eh?

You can't "claim back" late fees if they are £12 or less, which they are with MBNA.

You could have changed your statement date immediately on receiving your first statement with a date you didn't like.

Irrespective of that, you are required to pay by the date on the statement, and the Ts & Cs allow them to vary the statement date.

Orford

Eh?

You can't "claim back" late fees if they are £12 or less, which they are with MBNA.

Eh? There are plenty of people who say otherwise.

Jvic28

I have claimed back fees of £12. They were refunded in full. Won't work wilth everyone though as £12 is now considered fair but it's worth a try.

MarkyMarkD

I don't understand your point, Orford.

With any credit card provider you can ask for an ex gratia refund.

MBNA will almost always refund the first fee they ever charge you, if you have a good reason.

But if you have a long sequence of late fees, MBNA will certainly not refund you any more than one.

So what is the basis for your "you can claim late fees, period"?

Are you arguing on semantics, i.e. that you can "claim" (i.e. ask for) anything back you like, but you won't necessarily get the money?

Or do you have some other basis for believing that MBNA will pay up in these circumstances, and if so, what?

militantconsumer

Hi MarkyMarkD,

Orford is right, and it's backed up by Martin in his guide to reclaiming as well.

The story for credit card charges is basically:-
1. Not affected by bank charges legal case
2. Credit cards used to charge £20, £25 etc penalties.
3. OFT decided this was unfair and said they would launch an investigation into any company charging more than £12.
4. All credit card companies reduced charges to £12.
5. Now there is a legal grey area. No OFT investigation into £12 fees but still impossible to justify, because it never costs a card provider anywhere near £12 to deal with the late payment/overlimit/etc. - and they are only allowed to charge what it actually costs them.

It's based on the Unfair Consumer Contract Regulations - which take precedence over what is actually written in the contract.

No credit card company wants to stand up in Court (or even stand up to the Financial Ombudsman Service) to justify a £12 charge. Because they can't, and they don't want to set a precedent of standing up and admitting this.

Therefore all £12 charges can be reclaimed, but the card providers will try it on to prevent paying up. But they all give in eventually, and in fact will pay out 8% interest per year on all the £12 charges as well.

Orford

So what is the basis for your "you can claim late fees, period"?

Don't take my word for it. see for yourself.

Go here:
http://forums.moneysavingexpert.com/showthread.html?t=571297
and use the 'Search This Thread' for MBNA returns 3 pages of successes, where in many cases MBNA have refunded charges + interest and in some instances more than the claimant originally claimed.