MBNA complaint limitations act

gary19832012

Hi I have received my letter today of bank charges going back until the 2003, most of my charges were between 2003 and 2006.
THe letter says that there charges have been fair since 2006 and cant go back earlier than july 06 because of the limitations act.
therefore they want to send me a cheque in goodwill for 27.09?
how does this work, is this them trying to save money because all the charges were before that?
They also state that this is the last letter and any further complaint should be made with the ombudsman.
How would be best way to tackle this? accept or challenge futher? reply to letter or take to ombudsman?

dunstonh

how does this work, is this them trying to save money because all the charges were before that?

There is no limitations act with that limit. However, the data protection act requires firms to destroy documentation no longer required and the FSA have stated that 6 years is a typical timescale that should be used. That fits in with the period.

If they have no records of charges prior to that date then they have no requirement to even consider refunding them let alone actually refunding them. After all, you cannot refund what you do not know was paid (or not).

How would be best way to tackle this? accept or challenge futher? reply to letter or take to ombudsman?

The FOS wont consider complaints on bank charges being fair or unfair since the banks won the court case. They will only consider incorrect application of charges or they may ask the bank to reconsider if you are currently in hardship and those charges are in the period of hardship. However, that is effectively as far as the FOS can go on bank charges.

You havent actually said what your reason for complaint was.

Wywth

gary19832012 wrote: »

Hi I have received my letter today of bank charges going back until the 2003, most of my charges were between 2003 and 2006.
THe letter says that there charges have been fair since 2006 and cant go back earlier than july 06 because of the limitations act.
therefore they want to send me a cheque in goodwill for 27.09?
how does this work, is this them trying to save money because all the charges were before that?
They also state that this is the last letter and any further complaint should be made with the ombudsman.
How would be best way to tackle this? accept or challenge futher? reply to letter or take to ombudsman?

Bank charges reclaim? Nowt to do with being fair or not.

Or credit card charges reclaim? If so, I found a great little article written by Martin & his team that explains all about it.

http://www.moneysavingexpert.com/reclaim/credit-card-charges

Definitely worth a read if applicable as this appears to answer your question and more

gary19832012

sorry i meant credit card charges

dunstonh

credit card is different to bank charge.

However, you still have the same issue that you cant go back further than the data they hold or you hold.

gary19832012

They do have the data but they are using the limitations act to say that going back to 2006 is fair, which i think is just spin to make me accept because 99% of my charges were winter 2004-spring 2006.
I think it is something like section 32 of that law states that it can only be used if Postponement of limitation period in case of fraud, concealment or mistake. Now could i use that as my complaint is over 6 years ago and it is only just recently that I actually knew you had a complaint

Wywth

Have you read the link I provided earlier?

gary19832012

yes but was a bit confused and thought it didnt answer my question

dunstonh

It is not uncommon for low knowledge staff responding to letters to mix up their terminology. Egg, for example, frequently mix up S77-79 of the consumer credit act requirements with data protection act requirements.

Not going back more than 6 years is very common but it is usually to do with statements being destroyed. Not some limitations law that does not apply to FSA regulated companies.

gary19832012

ok thanks, but what do you think the next step would be to take?

Wywth

gary19832012 wrote: »

yes but was a bit confused and thought it didnt answer my question

What did you find so difficult to understand here:

Step 1. Find all your charges and add them up
You need to find all the fines you’ve been charged by each credit card. You can go back six years in England and Wales or five years in Scotland; these time periods are limited by law. This includes late payment and ‘over the limit’ fees, but not standard account fees or interest.

:huh: