Credit card charges over 6 years old

creditcardreclaim

Hi, I had x2 MBNA credit cards which had about £3.3k (inc interest) of over limit & late fees from 1999 to 2005. I used Martin's reclaim letters but MBNA refused to pay back saying it was more than 6 years ago. Also saying it was fair to charge me these fees :-(
I contacted the Financial Ombudsman this month and they replied informing me that MBNA has dealt with my complaint fairly and are entitled to only look at charges for a period of six years from when a complaint is made =:-(


Any advice of what I can do ? Is it worth me trying to take MBNA to the small claims court ?

societys_child

Why do you believe you shouldn't pay the charges, what do you expect the small claims court to do?

dunstonh

Is it worth me trying to take MBNA to the small claims court ?

Do you have any evidence of rule breaches that mean those charges should not have been made?
Do you have a breakdown of all the charges made?
Why do you think interest is reclaimable?

creditcardreclaim

I have evidence & details of the extreme credit card charges of £35 etc each for being over limit & late fees. If people think that was ok for the credit card company to charge people in debt then that is your choice. I & Martin Lewis believe it is unfair & unjustified to do so. Interest is reclaimable, have you read the advice on here? Have you read this website ? he he.


If anybody has any helpful advice on my question then please, please, please make a comment :-)


Thank You.

[Deleted User]

I'm not sure on what basis you intend court action, but from what you do reveal it sounds like it's doomed to failure. If the Ombudsman has ruled on your complaint, no court is likely to over turn that.

creditcardreclaim

Hi, yes I think you're right. I mentioned small claims court in desperation, but as that is a possible route to take within 6 years. But as it is over 6 years I guess I missed the opportunity to take it further with MBNA.
I was too slow and it is a great shame & burden when you are in debt. Hey ho :-(


I recommend people who wish to reclaim any over limit & late fees to do it asap within 6 years.
Best wishes.....Cheers.

dunstonh

creditcardreclaim wrote: »

I have evidence & details of the extreme credit card charges of £35 etc each for being over limit & late fees. If people think that was ok for the credit card company to charge people in debt then that is your choice. I & Martin Lewis believe it is unfair & unjustified to do so. Interest is reclaimable, have you read the advice on here? Have you read this website ? he he.


If anybody has any helpful advice on my question then please, please, please make a comment :-)


Thank You.

Have you read the website here? Not talking old archived articles when it was at its height. The more recent versions that take account the changes over the years. Also, have you understood them?

Yes, there were issues on credit card charges that saw the courts make a ruling. However, interest has never been something you can attempt to get repaid. Courts also operate timebars.

This is not to put you off but there is a cost risk to you (albeit limited) to taking legal action. You could try for the later ones but if they are the reduced amount in line with the rulings then legal action would be futile.

creditcardreclaim

Thanks for the reply. I will write again to MBNA again to ask for £35-£12 difference of evidence & details that I have , but expect them to say no chance. Hopefully this might help others to act faster :-) Cheers.

w00519772

creditcardreclaim wrote: »

I have evidence & details of the extreme credit card charges of £35 etc each for being over limit & late fees. If people think that was ok for the credit card company to charge people in debt then that is your choice. I & Martin Lewis believe it is unfair & unjustified to do so. Interest is reclaimable, have you read the advice on here? Have you read this website ? he he.


If anybody has any helpful advice on my question then please, please, please make a comment :-)


Thank You.

Where does Martin say this? Interest is a cost of borrowing and a return on savings. Banks would go out of business if they were unable to charge interest and charges. It is in the terms and conditions of their products, which you sign up for.

PPI was missold because people did not even realize they were paying it or it did not meet their requirements.

In my opinion, it would not be fair on everyone else who has paid charges/interest over the years if you were successful claiming back your charges. Sorry if I sound harsh. Am I missing something here?

[Deleted User]

w00519772 wrote: »

PPI was missold because people did not even realize they were paying it

Only very rarely is this the case. Most mis-selling has little to do with it being added without permission and it's a fallacy propagated by Claims Companies that it was.

antrobus

creditcardreclaim wrote: »

... If people think that was ok for the credit card company to charge people in debt then that is your choice. ....

Is it OK for the supermarket to charge people who are hungry?

Of course credit card company charge people who are in debt, that is the whole point of a credit card. The clue is in that word 'credit'.

creditcardreclaim wrote: »

...If anybody has any helpful advice on my question then please, please, please make a comment :-)

You mean this question?

creditcardreclaim wrote: »

...Any advice of what I can do ? Is it worth me trying to take MBNA to the small claims court ?

No, it is not worth taking MBNA to the small claims court. Your claim relates to charges made between 1999 and 2005. That was more than six years ago, and thus your claim would be statute barred. Which is what MBNA and the FOS have already told you.

As what you can do, well, DON'T go over your credit limit, and make your payments on TIME in future, and then you won't get charged.

(I'm sorry, I've just been watching Judge Judy and I think she must have rubbed off on me.)