MBNA - default charges etc HELP 1st claim

samtoby

Hi just wondering if anyone can offer advice. Sent M B N A my letter from the site (well the letter you get off the site as letter one for unfair charges) I have had a fat envelope which has cost me £10 Subject Access Request Fee.

I am impressed it was quick,:j But not with my spending...quite frightening.:eek:

I have 39 (yes 39) default charges of £12.00 these start in 2008 and go up to 2012. I have cleared the balance and the account is now at zero.

They have accompanied this with a letter:

I quote:

Personal info bla....

Dear Miss
We refere to your recent correspondance regarding fees on your account. I would like to clarify the situation from our perspective.

We have always set out precisely what our charges are in our agreement as these are an integral part of the terms and conditions in which we offered you credit facilities.

In the case of all the charges we apply for breaching our credit agreements (including late payment etc) we look at the portfolio as a whole and set uniform charges refelecting dealing with these defaults overall as do all major credit card providers.

You may know that the Office of Fair Trading issued guidelines in April 2006 in relation to the level of credit card default charges across the industry. M B N A disagreedd with the OFT's interpretation of the law and continues to maintain its default charges to £12 with effect from June 2006 as with over limit fees.

In light of the above we do not feel it appropriate to make any refund.

we trust this response has satisfied. If it has not write to us with in 8 weeks from the date of this letter for us to review this again and we will then send a final response.

If necessary you may then refer the complaint to the Financial Obudsman Service with in six months of the date of the final response.

If we do no hear from you again, we trust the matter is closed.

Is that the end of me trying to get these charges back?!:mad:

Total£432 £79.76£511.76

rhi999

Im waiting to hear from MBNA too!

I definitely wouldnt give up yet. If MBNA refuse to refund my £12 charges I will send another letter pointing out that this charge does not represent what it actually costs to MBNA to send an automated letter and quoting the OFT/Ombudsman is a smokescreen as they did not say £12 is acceptable - that is for a court to decide.

It worked for me with Barclaycard but you have to decide whether you wish to pursue this through the courts if necessary.

Check out the success stories on this forum.

HTH

rHI

samtoby

I want the money back so should I write again?x

rhi999

If you wish to pursue this I suggest that you need to do a bit of research first and respond to their letter explaining why you believe that you are owed the £12 charges.

No case relating to credit card charges has been tested in court so you have to say why you believe £12 is excessive.

Google the OFT/Ombudsman report sections 5:4 5:5 and 5:7, the report does not say that £12 is acceptable and frame your response around this.

HTH

Rhi

cocker100

Hiya,

You need to write to them again and state that you do not agree with their stance on the matter.

If they continue to refuse to pay, send them an LBA and tell them you will be persuing the matter in Court.

They will either cave in then or somewhere else down the line and it will probably never get anywhere near the Court stage.

Plenty of info on this over on the CAG website with plenty of success stories to read through!

Cocker:)

mrdaviesjn

Hi everyone, I am completely new to this site and I am also completely green to appealing to reclaim charges and INTEREST etc.. but what I do know is I have been done for some ridiculous charges over the past 12 - 24 months, so if anyone can help or point me into the right forum it would be mostly appreciated.

Right here we go, I had a virgin money credit about 3 years ago for £1600 - which I had a nightmare in keeping up with payments etc and I missed quite a lot of payment which was all my own fault and ended up owing a minimum payment of around £200 a month.

So i spoke with M B N A and we agreed to set up a direct debit of £60 every week, but unknown to me I was still payment a default sum fee of £12 and at least £30 interest every month so in effect i was hardly even paying anything of my loan.

So cut a long story short, after months (approx.12 months) of constant harassing on mobile phone, house phone and work phone, letters and email which i gave them no permission for I rang up in february 2012 and paid the whole amount of approx £1500.

No I have rang up and filed a complaint requesting all my interest charges be refunded on the grounds that how on earth was I ever going to pay the balance of whilst I was being charged approx £40 every month for 2 years?!

I am still awaiting response but could anybody help advise me if I have a leg to stand on and whether or not i should proceed in appealing if my request is rejected.

Thanks a lot and sorry for the essay!

Premier_2

mrdaviesjn wrote: »

Hi everyone, I am completely new to this site and I am also completely green to appealing to reclaim charges and INTEREST etc.. but what I do know is I have been done for some ridiculous charges over the past 12 - 24 months, so if anyone can help or point me into the right forum it would be mostly appreciated.

Right here we go, I had a virgin money credit about 3 years ago for £1600 - which I had a nightmare in keeping up with payments etc and I missed quite a lot of payment which was all my own fault and ended up owing a minimum payment of around £200 a month.

So i spoke with M B N A and we agreed to set up a direct debit of £60 every week, but unknown to me I was still payment a default sum fee of £12 and at least £30 interest every month so in effect i was hardly even paying anything of my loan.

So cut a long story short, after months (approx.12 months) of constant harassing on mobile phone, house phone and work phone, letters and email which i gave them no permission for I rang up in february 2012 and paid the whole amount of approx £1500.

No I have rang up and filed a complaint requesting all my interest charges be refunded on the grounds that how on earth was I ever going to pay the balance of whilst I was being charged approx £40 every month for 2 years?!

I am still awaiting response but could anybody help advise me if I have a leg to stand on and whether or not i should proceed in appealing if my request is rejected.

Thanks a lot and sorry for the essay!

If you have cause for complaint, then follow the credit card supplier's complaint procedure.

If you are unhappy with the response they provide, then follow the complaint procedure to the next step. (you will also be advised of this opportunity in any final response you receive)

But lenders are not in the habit of lending free money, so I suspect your complaint in this respect will be considered unfounded.
Refer to your terms ... and then you shouldn't be so surprised when charges are applied.