unauthorised debits and bank charges

I expect something similar has been posted before but here goes...

The short version... MBNA took unauthorised amounts from my bank account after I set up a direct debit with them for a fixed agreed amount.
I managed to get this back, no thanks to them and their rude unhelpful attitude!
BUT it left me with £45 of charges to my bank account due to them taking money I didnt have.
I have told them about this and they agreed it was their fault and said it will be paid back to me by the 26th May...one month later I still dont have my £45.
I have written again and am awaiting a reply.
Can anyone tell me what nice legal bits to quote to them about how they MUST give me this money back!?
cheers in advance


    PNPSUKNET Posts: 4,265 Forumite
    their isnt anything legal, it would be a gesture of goodwill
  • There has been a discussion over this previously but I'm not sure where it ended up. As this was a direct debit agreement, there may be something there to go on. Hopefully someone with more knowledge will be along soon!

    You could try sending MBNA a letter, sent recorded delivery. Was the agreement to refund you the £45 by letter or phone? You could send something like:

    Thank you for your letter dated 2 November 2009 OR phone call of xxxxxx. I am writing (again) to request that you repay default charges that have been applied to my bank account since <date>. The charges total £45.00. I feel they are unfair as MBNA incorrectly withdrew funds from my account (add details such as amounts, dates etc) through a direct debit.

    On <date>, MBNA admitted they were at fault, through a processing mistake (or whatever) at the credit card collections office (or wherever), of depriving me of my money.

    Any charges since applied to my current/bank account have therefore been unfair and obviously not my fault.

    I look forward for a full response to this letter within 14 days.

    Yours sincerely,

    sign digitally

    Admittedly, it will need tailoring to your situation, but it's somthing to go with if no-one else suggests anything?

    Good luck and keep us posted!
    I've got nothing else but I've got my family.
    Mum to Moo age 6, Wills aged 3. 2nd wedding anniversary 11/13!

  • chattychappy
    chattychappy Posts: 7,302 Forumite
    edited 29 June 2010 at 6:51PM
    It's best not to use "fancy" legal language unless you're a lawyer. Best to state your case to them in plain language and concisely, using dates and names if possible. Numbered paragraphs can be useful so that if a dispute continues it's easier to make reference. Paraphrasing, I would say something like this - but follow their complaints procedure.

    1) I refer to my letter/conversation of .... and am disappointed that despite previous correspondence this matter has not been resolved.

    2) On ddmmyy, ddmmyy, ddmmyy, you wrongly debited my account (give details).

    3) As a direct consequence, I incurred the following charges: (give details). See attached (attach bank statement with relevant bit highlighted).

    4) On ddmmyy I complained to you and by your letter of/conversation etc (give details/reference).. you accepted your error. You agreed to return the monies and make a payment to cover the charges I incurred.

    5) On ddmmyy the monies were returned as agreed.

    6) I have not received a payment from you to cover the charges incurred, despite your undertaking to do so. The total amount is £XX.XX as in 3) above.

    7) Please send me this amount (give method - eg cheque) within (reasonable time).
  • bengal-stripe
    bengal-stripe Posts: 3,349 Forumite
    Name Dropper Combo Breaker First Post First Anniversary
    katfish81 wrote: »
    MBNA took unauthorised amounts from my bank account after I set up a direct debit with them for a fixed agreed amount.

    Did you set that up yourself?

    MBNA (and, as far as I know, all other credit cards) have stopped DD for 'fixed amounts',
    it is either the minimum payment or the entire balance.

    What amount did the statement specify: "The sum of £.......... will be taken by Direct Debit on or after........."?
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