Credit Card Reclaiming Discussion

pressandgo

found this address on LTSB website
Data Subject Access Report, Charlton Place, Charlton Road, Andover, Hampshire SP10 1RE
so sending off Monday. Does anyone know if can also ask for bank charges as well as CC with one £10 payment?

COne just sent an income and expenditure form, so far have ignored 1st letter asking for charges back - 14 days up on Tuesday

Fujitsuman

Hi,
I took out a credit card with Abbey Card Services (Now MBNA) back in 2001. I Cancelled the PPI on my card in 2008 and transfered the balance of my card to capital one in 2008.

I send a letter to MBNA in April 2010 informing them that I had been missold PPI and would like my premiums refunded with interest.

I have received a letter today from MBNA stating PPC (Payment Protection Cover) was applied to my account in August 2001 following a telephone conversation.

The telephone conversation was me ring up MBNA to activate my Credit card. The agent then told me that I needed insurance so that they could recover any outastanding balances if i was unable to pay due to Illness or redundancy. As this was my first creidt card I thought this was normal practice. They also convinced me that Credit Card fraud was on the increase and that I could take out insurance if my details/card was used fraudulently. This I now know is covered by the Consumer Credit act and I needed not to purchase this.

MBNA states that they are not required to record 100% of their calls and that since the absence of any written agreement, a verbal agreement to terms and conditions will surfice. They go on to say that all customers are provided with detailed information regarding the policy.

Well I was not asked if I could pay any balances back if I was to become ill or redundant. They did not ask about the ISA's I had, nor Employee sickness insurance I had, or my wife's income.

They also state that updated versions of terms and conditions (and cost increases) were sent to me in 2003, 2004, 2007 and 2008 and because I that I had the opportunity to question my insurance back then.

Why would I?

PPI insurance companies do not ring me up trying to sell me Card Protection like House and Contents insurance companies do!!

Any way MBNA has offered £582 as a good will gesture (which they say equates to 1/2 of the premiums) and this will be sent by cheque in roughly 30 days.

I did not ask for a SAR's but my calculations (from what I can remember) I have paid at least £1700 in premuims.

The question are:-

1) should I reject the offer and pursue the claim with interest 8%) with FOS?

2) Write to MBNA asking them to refund the full amount with interest?

3) Accept their goodwill offer

Any advice would be appreciated

:money:

BigCraigJohn

pressandgo wrote: »

found this address on LTSB website
Data Subject Access Report, Charlton Place, Charlton Road, Andover, Hampshire SP10 1RE
so sending off Monday. Does anyone know if can also ask for bank charges as well as CC with one £10 payment?

COne just sent an income and expenditure form, so far have ignored 1st letter asking for charges back - 14 days up on Tuesday

You can ask for the lot. Be sure to include any reference to accounts you have ie acc numbers, be specific if you need extras ie specific t&c for ppi.
They should automatically send everything thats in your name.
Only problem I had was a closed business account but they are doing this after I pointed it out.
My Lloyds sar was fairly comprehensive compared to the credit card only companies.

This is handy, list of all the banks addresses for future reference
https://forums.moneysavingexpert.com/discussion/1619943

BigCraigJohn

I am the same ie mbna ppi with no written agreement, no record in the SAR, absolutely no trace whatsoever, apparently it was sold the day I activated the card.
No written yet just getting my facts straight.
I think there has to be a written agreement to be enforced although a verbal will suffice as a means of sale but there is no proof that it was sold fairly. And had you really wanted it you would surely of asked for it when applying rather than what was probably a pushy after call.
So in theory theyve taken all this money which you can prove when there was no written agreement in place to do so which i'm fairly sure is necessary with financial products if they are to be enforced. No doubt had you tried claiming they would of bought this up.

Ps i'd keep at it. if you havnt written back then do so, make it clear that you will go to the fos if they dont refund. Its normal practice to decline first time so the fact they have offered some back in my opinion shows guilt on there part.

Try posting in here as its more ppi specialist.
http://forums.moneysavingexpert.com/forumdisplay.php?f=169

Fujitsuman wrote: »

Hi,
I took out a credit card with Abbey Card Services (Now MBNA) back in 2001. I Cancelled the PPI on my card in 2008 and transfered the balance of my card to capital one in 2008.

I send a letter to MBNA in April 2010 informing them that I had been missold PPI and would like my premiums refunded with interest.

I have received a letter today from MBNA stating PPC (Payment Protection Cover) was applied to my account in August 2001 following a telephone conversation.

The telephone conversation was me ring up MBNA to activate my Credit card. The agent then told me that I needed insurance so that they could recover any outastanding balances if i was unable to pay due to Illness or redundancy. As this was my first creidt card I thought this was normal practice. They also convinced me that Credit Card fraud was on the increase and that I could take out insurance if my details/card was used fraudulently. This I now know is covered by the Consumer Credit act and I needed not to purchase this.

MBNA states that they are not required to record 100% of their calls and that since the absence of any written agreement, a verbal agreement to terms and conditions will surfice. They go on to say that all customers are provided with detailed information regarding the policy.

Well I was not asked if I could pay any balances back if I was to become ill or redundant. They did not ask about the ISA's I had, nor Employee sickness insurance I had, or my wife's income.

They also state that updated versions of terms and conditions (and cost increases) were sent to me in 2003, 2004, 2007 and 2008 and because I that I had the opportunity to question my insurance back then.

Why would I?

PPI insurance companies do not ring me up trying to sell me Card Protection like House and Contents insurance companies do!!

Any way MBNA has offered £582 as a good will gesture (which they say equates to 1/2 of the premiums) and this will be sent by cheque in roughly 30 days.

I did not ask for a SAR's but my calculations (from what I can remember) I have paid at least £1700 in premuims.

The question are:-

1) should I reject the offer and pursue the claim with interest 8%) with FOS?

2) Write to MBNA asking them to refund the full amount with interest?

3) Accept their goodwill offer

Any advice would be appreciated

:money:

LexieLou

LexieLou wrote: »

Hi,


Just got a reply from Tesco re my Late fees and Overlimit charges. Standard response of no you're not getting your money back, fees in line with Office of Fair Trading Standards. So obviously I'll be sending the second response letter to them. But the best bit is, they have included a letter to another client who is requesting one £12 charge and they are paying her that money plus the 8% interest. Not that it matters, but she is going through one of those claims companies.

So my question is, do I mention that they are so relaxed with customers information that they included another clients claim letter with mine and also are refunding her the £12 so why not my claim?

All comments welcome.

LL xx

Can someone give me any idea what to do here with this?

Thanks

elnino1978

Hi LL

Sounds good to me! I'd make a copy of the letter for safe keeping then send copy of the letter with your second template letter asking on what basis are they refunding this other person and why they wont refund you! This could work to your advantage it sounds like data protection etc has been breached here and you should refer to this as well. Best a luck wiv it
JK

agnald

Can I claim all £12 late payments on my credit cards from after June 2006. If the OFT agreed that £12 was to be the fixed amount, how come according to "Martins Money" that I can claim it back. Perhaps I am missing the point. :idea:

natweststaffmember

agnald wrote: »

Can I claim all £12 late payments on my credit cards from after June 2006. If the OFT agreed that £12 was to be the fixed amount, how come according to "Martins Money" that I can claim it back. Perhaps I am missing the point. :idea:

The OFT set a limit which they would not take enforcement action. It was meant to create the environment in which credit card providers would charge what it cost them to deal with accounts that were late in paying. However, as with most self regulation, they simply all reduced the charges to £12. In the OFT report though, it does state that only a court can decide a real cost amount under UTCCR 1999. Therefore, the long winded response is that the charges are reclaimable. No court has decided what a fair charge is on credit card charges.

natweststaffmember

LexieLou wrote: »

Hi,


Just got a reply from Tesco re my Late fees and Overlimit charges. Standard response of no you're not getting your money back, fees in line with Office of Fair Trading Standards. So obviously I'll be sending the second response letter to them. But the best bit is, they have included a letter to another client who is requesting one £12 charge and they are paying her that money plus the 8% interest. Not that it matters, but she is going through one of those claims companies.

So my question is, do I mention that they are so relaxed with customers information that they included another clients claim letter with mine and also are refunding her the £12 so why not my claim?

All comments welcome.

LL xx

Send letter 2 ie pay up but send a further letter complaining that you have received someone else's data.
You might want to make the Information Commissioner's Office aware of this as it is a Data Protection Act breach.
https://www.ico.gov.uk/Global/contact_us.aspx

Fujitsuman

Thanks for the Advice. I will be posting a recorded delivery letter tomorrow.

BigCraigJohn wrote: »

I am the same ie mbna ppi with no written agreement, no record in the SAR, absolutely no trace whatsoever, apparently it was sold the day I activated the card.
No written yet just getting my facts straight.
I think there has to be a written agreement to be enforced although a verbal will suffice as a means of sale but there is no proof that it was sold fairly. And had you really wanted it you would surely of asked for it when applying rather than what was probably a pushy after call.
So in theory theyve taken all this money which you can prove when there was no written agreement in place to do so which i'm fairly sure is necessary with financial products if they are to be enforced. No doubt had you tried claiming they would of bought this up.

Ps i'd keep at it. if you havnt written back then do so, make it clear that you will go to the fos if they dont refund. Its normal practice to decline first time so the fact they have offered some back in my opinion shows guilt on there part.