MBNA Claim Upheld Now What

simon_the_poet

Hi Caz and welcome.

I have directed others in a similar position to this thread so hopefully we will be able to compare notes and come up with something.

fifitrixiejane

Hi Simon and Caz,

This is slight worrying as I am in the exact same position, FOS decided to uphold my complaint i had with MNBA and giving them a deadline of today to reply..I don't know the offer as yet but I am kinda hoping that the money comes through very soon as I've got debts that could do with paying!

As you say, what is the point of FOS if nothing happens once your claim has been upheld? I mean June was months ago and along with everyone else here, i bet we've been all waiting a while.. Not really good enough is it?

I'd also be interested to see if anyone is in same boat.

flobblewobble

You should file a claim with th samll claims court uing money claim online. There is a fee for doing so but it will be added to the calim. You can also apply to add interest to your claim from the point it should have been paid. The FOS ruling is your proof that they do owe you the money.

The first thing to do is write to them one final time giving them 14 days to pay up or you'll file a claim in the small claims court, you need to state in the letter what action you have taken to prove your claim and how you have tried to get them to pay and their responses.

Once the claim is filed, super easy online, they then have 14 days to respond. Either they admit that they owe it or deny. If they deny then you have the FOS ruling to back you up. If they don't respond at all you can ask the court for a Judgement. If they admit but still don't pay you can again ask the court for a judgement. If they still don't pay then you can ask the court for a warrant (costs an extra £100 but that is added to the claim as well). Then the court enforce it and whilst it may still take some time at least you know you are going to get it back.

This may be a more direct and strong stance than using the FOS.

Hope that helps

simon_the_poet

HI Yes thanks for that Flobblewobble.

The thing is that speaking personally, I could have done this i the first place.
The reason I went with the FOS was because it was the recommended route, whilst I understand what you are saying and it makes perfect sense, I do not see why I, or anyone else should have to do this.

They have made the ruling so shouldn't they enforce it, if they don't what was the point in going to them in the first place.

I could have just got the district judge to make the decision and saved myself a twelve month wait.

[Deleted User]

flobblewobble wrote: »

Then the court enforce it and whilst it may still take some time at least you know you are going to get it back.

simon_the_poet wrote: »

I could have just got the district judge to make the decision and saved myself a twelve month wait.

What makes you think this will make the Bank act any faster? Your redress will have been gaining interest anyway. I do think threatening court action might spur them on, but if you actually do it I fear it will mean a further delay.

Write to the Bank's CEO threatening court action and going to the press etc.

simon_the_poet

Moneyineptitude wrote: »

What makes you think this will make the Bank act any faster? Your redress will have been gaining interest anyway. I do think threatening court action might spur them on, but if you actually do it I fear it will mean a further delay.

Write to the Bank's CEO threatening court action and going to the press etc.

Well I think something should make them act faster, i am sure that if the boot was on the other foot and we owed them the money they would be taking action by now.

Personally I would rather it was gathering interest in my bank.

Yes that was my thought and why i started this thread.

Harder to ignore a few complaints placed at the same time.

I think the idea of going to the press is a good one if we get one or two more complaints on here

garynuman

I am in the same boat with MBNA. FOS ruled in my favour and gave them til 1st week of November to respond. I emailed FOS and got a ..

"I have been in contact with MBNA and I have been informed that they
currently have a backlog of cases.


We will continue to chase the business for their response. Once we hear back
from them we will contact you with an update."

I complained 18 months ago. In for another long haul, I suppose.

Gaz

simon_the_poet

Hi Gaz and welcome to the queue.

I understand that they may be inundated, they should at least contacted you I would have thought. Simple courtesy.

garynuman

simon_the_poet wrote: »

I understand that they may be inundated, they should at least contacted you I would have thought. Simple courtesy.

Courtesy and banking? - That's an oxymoron isn't it!

Some acknowledgement would be nice.

MBNA have had a shade over 2 months to respond to FOS decision. FOS have had 5 weeks to 'chase' them.

fifitrixiejane

Hi Gaz,

So it doesn't look like we're going to get our money time soon then! I havent heard anything yet and the date that I should of heard has been and gone.

When you got your letter from FOS confirming they are upholding in your favour did it include any figures of the redress you are likely to expect?

I could really do with that money! Lol