OMG!!! MBNA Visa (£100 deposit card) they are keeping the £100 deposit!!!???

chattychappy

JHWilts wrote: »

You went over the limit, they don't have to pay it to you as officially you breached their T's & C's by doing that

What is "official" about it?

The T's & C's that apply are not "theirs" - but those that have been mutually agreed and then modified by law.

People really shouldn't be led to believe that just because something is written down and signed that it has some kind of divine status that cannot be questioned. There is a raft of legislation (EU and domestic) that intervenes.UTCCR, UCTA, common law etc.

Lawyers are savvy. It's part of the game to draft things to scare people off. Call centre people can then say "sorry mate, it's condition 3.4.2(ii)".

In fact, most T&Cs contain a provision along the lines of "if any part of this contract is held unlawful, the rest shall be applied as far as possible". In other words, they are already anticipating that some of what they write won't hold up and they are attempting to make sure that if a court tosses some of it out, they don't lose the whole thing.

Not enough info to be really certain if they can keep the cash. But based on what you've said, if all else fails, I'd go the small claims procedure route.

Good luck!

TheAnalyst

Thanks for all the replies... i'll see what the manager says when (if) she calls tomorrow and take it from there.

Does seem verging on theft to me though! :mad:

Rose123

I would be fuming!

How dare they!

Dylanwing

If the Manager does not agree to refund it, just ask him to forward details of the formal complaints procedure. If they know you are not going to be fobbed off, they may 'reconsider'. The other thing is not to give up, follow the complaints procedure, and if necessary, go to the Onbudsman. I would be very surprised if they were in the right on this.

jayjayuk

I HAD this card after 4/5 months of having it nothing happened so i went to close it down, i paid it off and i never went over my limit, i went months trying to get back my £100 deposit

personally i think the whole card was a scam...... my credit raiting isnt shocking

i have gold cards and 2 platinums, 1 with bt and the others are empty

personally i think mbna wanted some cash and quick....

good luck in getting your money back, after mine was agreed i had to wait 5 days for it to go back onto my mbna card then phone them again and transfer it to my bank which took another 5 days.

never-in-doubt

I'd simply spend the £100 on my card and then send it in and tell them to keep my deposit as repayment.

Either way, i'd be writing in formally requesting a cheque refund asap and it may go through a different channel. Don't mention what happened on phone today and just act dumb and send a letter and see what happens. Call centre staff are pretty clueless in some area's and it has been proven in other threads that MBNA are no different and are quite inept in certain areas of process.

Dylanwing

BUMP - And what happened?