Missed Payment Fees/Markers

suehippo

One would think if you were checking your bank statements you would have noticed the missed DDs and therefore are in part to blame.

As for the letter you sent them, well even if they had agreed to your terms, you are the reliant on them actually amending your credit file which MBNA probably couldn't be bothered doing!

thegoodman

The card company will never agree to condition like that. The limit on the card is their money and you would need to follow the T&C, if you don't like them don't have the card. Otherwise it's up to you to make sure all payments are received on time. Would the MBNA take the hit three times because the bank have made a mistake and OP can't be bothered to recheck, three times in a row. I
The credit card is not forced on any one.
It would be difficult to get further credit for a while, 2-3 years.

mjm3346

You needed them to accept your conditions before you paid them.

chattychappy

Legally this is a very complex area. I rarely use bold type, but here goes:

It is wrong to assume that if you send a cheque with conditions attached, then by cashing the cheque the recipient will be automatically bound by those conditions.

In some situations, it could work but not here. (I'm not going to write an essay about the reasons here!) Even in situations where simply banking the cheque would work, the recipient can often prevent it from working by replying that they will present the cheque on a different basis. If having received that reply your banker still pays out on the cheque, then the recipient gets the money and is not bound. Unless... you get another letter to them in time etc. So I would never attempt a full and final settlement deal just by sending a cheque with covering letter.

In the OP's case, a further complication is the CRA record. The CC may not be entitled to instruct the removal of data that is correct. So this part of the "deal" would be ineffective, unless somehow the CRA was a party to the arrangement. Clearly they are not.

OP: IMHO the best bet is to go the "fair trading" route. Argue for the fees to be returned only. Argue that you felt you had a deal and MBNA should stick to it. It's sharp practice to bank the cheque except on the basis of your offer. You can complain to the FOS if you deadlock with MBNA. BUT, I think your chances are small. Legally the position is weak and for policy reasons I doubt the FOS would allow this.

If you have legitimate complaints about the markers being wrong, then that's another matter.

PJB

thegoodman wrote: »

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.

I hope MBNA pay you well, by the way you express yourself (grammar and spelling) you must work in their call centre!

PJB

thegoodman wrote: »

The card company will never agree to condition like that. The limit on the card is their money and you would need to follow the T&C, if you don't like them don't have the card. Otherwise it's up to you to make sure all payments are received on time. Would the MBNA take the hit three times because the bank have made a mistake and OP can't be bothered to recheck, three times in a row. I
The credit card is not forced on any one.
It would be difficult to get further credit for a while, 2-3 years.

Blah blah blah! Repetitive carp!

Move on mate, please go and HELP someone else!

PJB

chattychappy wrote: »

Legally this is a very complex area. I rarely use bold type, but here goes:

It is a myth that simply by sending a cheque with conditions attached that by banking a cheque the recipient is automatically bound by those conditions.

In some situations, it could work but not here. (I'm not going to write an essay about the reasons here!) Even in situations where simply banking the cheque would work, the recipient can often prevent it from working by replying that they will present the cheque on a different basis. If having received that reply your banker still pays out on the cheque, then the recipient gets the money and is not bound. Unless... you get another letter to them in time etc. So I would never attempt a full and final settlement deal just by sending a cheque with covering letter.

In the OP's case, a further complication is the CRA record. The CC may not be entitled to instruct the removal of data that is correct. So this part of the "deal" would be ineffective, unless somehow the CRA was a party to the arrangement. Clearly they are not.

OP: IMHO the best bet is to go the "fair trading" route. Argue for the fees to be returned only. Argue that you felt you had a deal and MBNA should stick to it. It's sharp practice to bank the cheque except on the basis of your offer. You can complain to the FOS if you deadlock with MBNA. BUT, I think your chances are small. Legally the position is weak and for policy reasons I doubt the FOS would allow this.

If you have legitimate complaints about the markers being wrong, then that's another matter.

Thanks chattychappy, for your most informative and helpful post. It seems that most have forgotten the matra of this site. Albeit i may of made mistakes but that is not what i was asking about so again thank you for responding to my question.

PJB

Just in case anyone thinks i was a bit harsh on the ..... above, here is a previous post so you can consider what type of person they are and who they are working for (MBNA (from thread: https://forums.moneysavingexpert.com/discussion/comment/47378835#Comment_47378835 )):
Quote:
Originally Posted by picardygirl
We've had an MBNA Platinum cards for years ..... was sent a new card in July 2011 (as old one expired), then this week we were sent two new cards ...... new account number for MBNA Platinum VISA and an MBNA Amex card with a different account number......... both accounts on one statement though.

I phoned MBNA and asked why i had received two cards to be told the only difference is the AMEX card gives me 2 reward points for every pound i spend and the VISA card gives me 1 reward point for every point i spend ...... i asked why two cards though, they said use the VISA for places that dont accept AMEX.

Sorry, i know this sounds a bit thick, but why have they done this ?

thegoodman wrote: »

It seem you are. If you read the message 10 times you will find the answer. Try it.

As such I have spammed him and would encourage others to do the same!

chattychappy

PJB wrote: »

Thanks chattychappy, for your most informative and helpful post. It seems that most have forgotten the matra of this site. Albeit i may of made mistakes but that is not what i was asking about so again thank you for responding to my question.

Thanks very much! Pity my bit in bold was ungrammatical (I'll correct it).

My day job involves giving legal advice to clients. Whilst I can't do that here, my approach is still to try and come up with the best argument that can be run given the "fact pattern" and my knowledge of the legal environment/regulation that applies.

If I've had a bad day, or the original post is full exclamation marks, comments about greedy bankers, referring to CCs as scammers etc, then I'll just pitch in with a "serves you right" type of post!

thegoodman

PJB wrote: »

I hope MBNA pay you well...

I have never said I work or not for MBNA. No need to.
No need to get a hump because you don't like what I have said.
Non of my post are rude or bad. I normally say "As is"
in your case three DD got failed by the bank, the card company never received the payment. How can this be MBNA's fault.
Any card company or bank will report this to the credit file and unlikely to remove it.
The Problem with the DD need to be taken up with the bank.
You are happy to use the money on the card but find it difficult to pay their money back. It seem that further credit is difficult to get due to the marks on the file and you are trying to find the way out of it.