Missed Payment Fees/Markers

PJB

Hi All

Hope you can help, I had some issues where i got a few (3) late fees and therefore adverse credit mars on my MBNA account.

As they were so unhelpful i decided to close my account and sent them a cheque to do so in June but sent it with a covering letter that this was on the basis that fees be refunded and adverse credit markers removed.

This has not been done, so i wrote to them asking that they either return my monies or forefill their end.

Any advice or opinions on where i stand would be gratefully received.

Thanks

Tixy

You owed them the money and paid off the account, you cannot put such conditions on the payment. Maybe you could have tried negotiating before you sent them a cheque but the chance of MBNA agreeing to your conditions would have been very minimal even then.

If you missed payments then they are quite correct to record that on your credit file.

agrinnall

On what basis do you think they should refund the late payment charges and remove the markers from your credit record? You don't seem to be denying that the payments were late, therefore your credit record should reflect that, and the fees are presumably as agreed when you signed up for the card. I think you're on a hiding to nothing, I would expect them to use your cheque to clear your balance, and if you still owe for the charges then they will pursuse you for that too.

McKneff

You stand absolutely nowhere, they wont take the markers off because its a true record of your credit status.

You cant make up rules unilaterally ie 'on the basis of.' You got late fees because you paid late.
This should have been asked and agreed before you sent any money.
The money has reduced your debt, theres no way they are going to send it back to you.

Cant see why you say they were unhelpful, you reneged on your contract 3 times, once, they might have refunded you but 3 times, i think not. They just didnt do what you wanted them to do.

Thats my slant on things anway.

PJB

Tixy wrote: »

You owed them the money and paid off the account, you cannot put such conditions on the payment.

Thanks Tixy, I know i owed the money and had to pay them, but I paid in full on the said basis so as far as i am concerned i made them an offer and by cashing my cheque they accepted that offer, after all they had the choice to reject my offer and send the cheque back didn't they?

Why can i not put such conditions on, is this in general T&C's or set out somewhere else that prevents me making such an offer.

Thanks again

[Deleted User]

McKneff wrote: »

You stand absolutely nowhere, they wont take the markers off because its a true record of your credit status.

You cant make up rules unilaterally ie 'on the basis of.' You got late fees because you paid late.
This should have been asked and agreed before you sent any money.
The money has reduced your debt, theres no way they are going to send it back to you.

Cant see why you say they were unhelpful, you reneged on your contract 3 times, once, they might have refunded you but 3 times, i think not. They just didnt do what you wanted them to do.

Thats my slant on things anway.

Congratulations to the OP on clearing their debt though.

PJB

McKneff wrote: »

You stand absolutely nowhere, they wont take the markers off because its a true record of your credit status.

You cant make up rules unilaterally ie 'on the basis of.' You got late fees because you paid late.
This should have been asked and agreed before you sent any money.
The money has reduced your debt, theres no way they are going to send it back to you.

Cant see why you say they were unhelpful, you reneged on your contract 3 times, once, they might have refunded you but 3 times, i think not. They just didnt do what you wanted them to do.

Thats my slant on things anway.

Easy there, the 3 late payments were as a result of my direct debit being cancelled by my bank and i am awaiting the Ombudsman decision regarding that but wanted them removed ASAP as need to sort some matters requiring credit checks.

This used to be a site for a bit of friendly advice, not where you come to feel like you are being poked and told off! Things like you cant, you should of etc. Is this not one of the sites that were at the centre of campaigning regarding bank and credit card charges???

As for them not being unhelpful i informed them of the cancellation of the DD and sent them a letter from my bank stating they did not know why it was cancelled and they still done nothing, that i would call unhelpful!

dshart

I am not sure where you stand legally, but if you made it clear in your letter to them that those were your terms and that cashing the cheque would be deemed as acceptance of your terms and failing that you would continue normal payments then you may have a case. A lot depends on the wording on your letter.

The problem you may face is that they reject your terms and close your account and demand immediate payment of outstanding monies, citing that you intended closing your account, and as they already have your money the net balance to you is nil and you are exactly where you are now.

McKneff

PJB wrote: »

Easy there, the 3 late payments were as a result of my direct debit being cancelled by my bank and i am awaiting the Ombudsman decision regarding that but wanted them removed ASAP as need to sort some matters requiring credit checks.

This used to be a site for a bit of friendly advice, not where you come to feel like you are being poked and told off! Things like you cant, you should of etc. Is this not one of the sites that were at the centre of campaigning regarding bank and credit card charges???

As for them not being unhelpful i informed them of the cancellation of the DD and sent them a letter from my bank stating they did not know why it was cancelled and they still done nothing, that i would call unhelpful!

ah well, you see, you didnt say a lot of this in your first post, ie The bank cancelled the DD and didnt know why. Perhaps , no, not perhaps, the answers you got would have definitely been different.

If it's not of your making then its a completely differnet story and I wish you well.

thegoodman

PJB wrote: »

Hi All

Hope you can help, I had some issues where i got a few (3) late fees and therefore adverse credit mars on my MBNA account.

As they were so unhelpful i decided to close my account and sent them a cheque to do so in June but sent it with a covering letter that this was on the basis that fees be refunded and adverse credit markers removed.

This has not been done, so i wrote to them asking that they either return my monies or forefill their end.

Any advice or opinions on where i stand would be gratefully received.

Thanks

Some post are getting silly by the day.
Missed DD is not credit card fault. You would need to take up with the bank. Maybe not enough money in the account.
Why did you agree to MBNA T&C if you dont agree with them?
Have MBA forced you to have the card?
Your post is no diffrence to myself saying to you:
"This is to inform you that you need to pay me £10000. If I dont hear from you by 18.30 on 04/10/2011 I will assure that you agree to this and expect the payment within 7 days"

You through by sending the cheque MBNA will think at least we have got some mony, batter than nothing so it will clear all your wrong doing. With £ comapny it do not work like that. Some spend more than the debt amount to try to recover. The three non-payment are correct and should be shown on the file. This help other companies to see your payment history. You could have made a minimum payment via other method if you really wanted to.

At least you will be paying less intrest.

Its never my fault:
All three missed payment are MBNA fault, and I should have been looked after by them - I am never at fault.

thegoodman

PJB wrote: »

Easy there, the 3 late payments were as a result of my direct debit being cancelled by my bank and i am awaiting the Ombudsman decision regarding that but wanted them removed ASAP as need to sort some matters requiring credit checks.

On what basis. Have you got some kind of letter from the bank or outcome to say it was not your fault and the credit file should be updated?
The card company is not going to change the credit file because you told them to, otherwise everyone will be doing this.