MBNA CC charges & FOS failure

snuppet

I took my credit card charges reclaim to the FOS after MBNA wouldnt entertain the reclaim. FOS (an adjudicator) replied last week saying MBNA have provided them with proof that it does cost £12 Not really surprised or disputing that but they wont entertain the other charges of well over £35 either.

I think what galls me is that my sister sent a letter to mbna & fos same time as me and theyre refunding her charges. Mine isnt as much as hers. I dont really get it to be honest. :mad: Shes in full time work and ive not worked for past 2 years and skint.

Not sure of what the next step is but thought Id share my experience. Has anyone else had a letter from FOS. Ive trawled the forum and cant find anything.

quaybab

First step I would have guessed would be to request the your case files (s) from the FOS.
Your post implies MBNA refunded rather than the FOS ruling for your sister.

I would look to see if the FOS have made mistakes or if any lies had been told by MBNA/FOS.

The FOS say all cases are different (case studies on their website contradicts this) which is a way that they can cover up incompetence and poor management.

dunstonh

If the card company at corporate level has justified their charges to the FOS then you would not expect to succeed on that front.

some complaints are small value and get auto paid out without investigation. Maybe your sister fell under the floor limit to auto payout.

snuppet

Thanks to you both,

My sister in law requested 2 grand, I requested £800. Both went to ombudsman and she got a result, I didnt. Was reading on here of someone who got 8 grand back recently. Puzzled indeed.

What surprised me tho was this was all done & dusted by the FOS within 2 weeks of me sending initial letter to them. Thought they were snowed under with complaints. Will definately request more info tho and see what they come up with, Im not sure its been dealt with properly and could be someone who cant be bothered to complete the required paperwork as I doubt mbna would reply in such a short space of time. I could be wrong.

dunstonh

What surprised me tho was this was all done & dusted by the FOS within 2 weeks of me sending initial letter to them. Thought they were snowed under with complaints.

They have a filter system. Probably when they saw it was MBNA and they are on the list of those that have justified charges, it would be a very easy one to turn around. Also, the PPI complaints are handled differently to the normal complaints.

Atidi

snuppet wrote: »

I took my credit card charges reclaim to the FOS after MBNA wouldnt entertain the reclaim. FOS (an adjudicator) replied last week saying MBNA have provided them with proof that it does cost £12 Not really surprised or disputing that but they wont entertain the other charges of well over £35 either.

I think what galls me is that my sister sent a letter to mbna & fos same time as me and theyre refunding her charges. Mine isnt as much as hers. I dont really get it to be honest. :mad: Shes in full time work and ive not worked for past 2 years and skint.

Not sure of what the next step is but thought Id share my experience. Has anyone else had a letter from FOS. Ive trawled the forum and cant find anything.

If MBNA have proven to the satisfaction of the FOS that their £12 charges reflect the true cost involved and are thereforte fair, you are right to assume there is little point in pursing those charges further.

However, I don't understand why your claim for the £35+ charges, or more precisely the difference between those charges and £12, would not be refunded as unfair.
Try to find out, or obtain restitution, via the FOS, but if unsuccessful then depending on the reason the FOS give for not deciding a refund is appropriate, then you may well be wise to proceed to court over these charges.

The MSE article explains further
http://www.moneysavingexpert.com/reclaim/credit-card-charges

snuppet

Rang adjudicator at FOS who said that most CC companies have now, indeed, justified there charges to the FOS hence why my claim got rebuffed.

Requested a breakdown of there justifications and was told its an industry document not available for the public! We're therefore trusting the FOS are impartial and fair in there decision. They wont consider charges which were prior to 2006.

As for the charges over 35.00 I could ask them to reconsider but will face a very long wait, probably have to go to court.

Bad luck I guess on my part and incredibly luck for my sister in law whos just ordered a new kitchen.

dunstonh

Requested a breakdown of there justifications and was told its an industry document not available for the public!

That is actually fair enough. It is commercially sensitive.

We're therefore trusting the FOS are impartial and fair in there decision.

Which is logical given that they are independent.

quaybab

The FOS provides a 2 stage process of adjudicator followed by Ombudsman. Complaints can be thrown out at the start that are frivolous or causing trouble.
I am not sure why yours has been thrown our or when it changed the rules so it can do this so I would email and ask.