Looking for advice on MBNA

hammybobs

Hi,

Apologies if there is another thread along the same lines as this.

I am currently in dispute with MBNA over an outstanding balance on a card I cancelled with them on 11/5/10. I phoned them that day to get a final balance (for a balance transfer to close the MBNA a/c). I got the amount, and authorised my new card to pay of that balance. I got a letter confirming the card was cancelled etc. I then did not get a statement from them in May (I assumed because I'd cancelled the a/c and paid off the balance). I received a statement in June with an outstanding balance of £163ish. I phoned them to try and find out why there was still a balance, given that I'd been given the balance amount to be paid to clear the card. A payment was authorised by MBNA for ID protection after I'd cancelled the card, a payment I knew nothing about and did not authorise. MBNA also claim that there were items bought with the card after the date I cancelled the card (I've not seen the May statement so I cannot comment on what these items are). There is also interest they've added too. I'd asked for a written break down of what the balance consisted of, and I've been refused this several times. I was told they would send me copies of the statements I don't have but I've still had nothing from them. Basically, over the numerous calls I've had with them, they have given me nothing that explains the amounts on the card after I cleared the balance.

I sent 3 letters of complaint, only one of which has been acknowledged. I asked, again, for a written break down of the balance on the account, an explanation as to why the ID protection payment was made (I was sold a one-off ID protection policy in May 2008, not told this was on a subscription basis, and also not been contact by the provider of this insurance to say they were renewing the cover since the 1st payment was made). I've asked for copies of all paperwork signed by me when I took out the card, paid the ID protection payment, and transcripts/copy recordings of the call that show what was explained to me regarding the ID protection insurance/what I agreed to.

I received their 'final' response to my complaint today. I have received no written breakdown of the balance that is on the card, no copies of any paperwork/documents I signed when I agreed to the ID protection, no transcripts of calls, copy recordings. They basically state that they have done nothing wrong, they have dealt with me as they are required to do, and won't do anymore in respect of the complaint I've made.

They have made heavy reference to the default on the card, and how if fail to pay anything towards the account, the effect on my credit for 6 years etc.

I have phoned FOS and asked them to deal with this now - they've told me they are dealing with 10,000 written complaints a week, and can't say when or what they will be able to do regarding this.

I don't know what to do now - I an loath to pay them a penny as I'm certain I don't owe them a penny. They have not provided a single bit of proof of what they claim in their letter - that I agreed to subscribe to an insurance policy (I did not, I was persuaded to take out a policy on a one off basis), that there was a balance of £70odd on the card from the May statement (which I've not received despite several requests for this).

Does anyone have advice on how to get this sorted?

Thanks

H x

stephane_2

You probably had some interest remaining to pay which is totally normal, you normally have to wait a couple of months before being sure that you owe them nothing, as for the ID protection did you authorised recurring payment? It was probably in their T&C and it is your responsibility to cancel it and not MBNA

stephane_2

I would be you I would pay up but still follow the complaint procedure if you are certain of your arguments, they will refund you if they are in the wrong

chattychappy

Paying in the meantime won't prejudice your argument with them or the FOS's investigation so perhaps this would be the wisest thing to do, just to prevent things getting out of hand.

I'm surprised they couldn't at least tell you what the transactions were over the phone. Do you have online access - can you get into the account to look that way?

If you don't pay and you ultimately "win" then the detriment (including recorded late payments and interest etc) should be unpicked.

My guess is that part of the dispute will be about the insurance - it will no doubt be claimed by them that you have given a continuous payment authority as this is how these things work, even though you say you didn't. Hopefully in the absence of proof from them the FOS will agree with you - or perhaps MBNA won't let it get that far.

If a statement from them went missing, then bear in mind further stuff from them could also go missing.

hammybobs

Thanks for the replies, much appreciated.

I'm certain I did not authorise a subscription, I just wouldn't have done that and (given that it's over 2 years ago so my memory of the call isn't that sharp) I'm pretty certain I was persuaded to make a 1 off payment, not subscribe to the policy. I haven't signed anything in respect of this policy - the only thing that is proof of me even agreeing to the policy is the call it happened on. I have nothing that states the payment was made or authorised on a subscription basis and that's why I asked for the paperwork they have that shows I agreed to this, or even understood the terms of what they signed me up for. I'm more 'p'd off that the company, CPP, have not even contacted me at any point about the renewal of this policy, and then taken the money from my credit card, unauthorised as far as I'm concerned.

I'm guessing I'll have to pay them something to sort my credit out until I can get FOS to possibly do something.

Thanks again for the quick replies.

H x