jd2000

antrobus

jd2000 wrote: »

hi. i am on an information gathering exercise. someone must have been succesful intheir reclaim. as you can tell i am new to this forum and need help just to get as many replies as possible. changing the thread title would help to do this. suggestions

I shall join in the chorus.:)

Your complaint is time barred. MBNA have rejected your complaint. The FOS have rejected your complaint. You cannot take it to court because your complaint is time barred.

Time to move on with your life.

brown1950

6 years Limitation Act commences from the DATE YOU BECAME AWARE of the charges being
excessive (Cause of action)
Despite what the usual daily posters have said you can take further action in respect of these charges.
Let us know the amounts /date to/from and then we can advise further.

antrobus

brown1950 wrote: »

6 years Limitation Act commences from the DATE YOU BECAME AWARE of the charges being
excessive (Cause of action)
Despite what the usual daily posters have said you can take further action in respect of these charges.
Let us know the amounts /date to/from and then we can advise further.

Read the OP.

I am currently attempting to reclaim old credit card charges from M.B.N.A. . I have received all of my account information relating to my account that i cleared in 2004....I have had the usual refusal letters...F.O.S. who have replied that they do not think that they can help me

So the charges are all before 2004, and the FOS has said no.

Under the Limitation Act 1980 it's six years from the 'cause of action (2004), but three years from the 'from the date of knowledge', whenever that could said to be.

The OFT ruling on unfair default charges, limiting them to £12 was made in 2006. That's thirteen years ago.

http://webarchive.nationalarchives.gov.uk/20131101193648/http://www.oft.gov.uk/news-and-updates/press/2006/68-06

What further advice to you have?

P,S.Whose this 'we'?

[Deleted User]

antrobus wrote: »

Under the Limitation Act 1980 it's six years from the 'cause of action (2004), but three years from the 'from the date of knowledge', whenever that could said to be.

OP claims he only "found out" he could complain about the charges when he retired two years ago, but the Bank and Ombudsman have clearly given short shift to that reasoning.

brown1950

If the OP discovered 2 years ago the OP could complain about credit card charges then the OP has 4 years in which legal action can be taken.

brown1950

If the OP discovered 2 years ago the OP could complain about credit card charges then the OP has 4 years in which legal action can be taken.

jd2000

hi.The gross amount of the claim is £ 3498.55, mainly int. £ 2102.55 , as per M.S.E. calculator, from my account held with M.B.N.A. from 1998-2004. After I cleared my account in 2004 my contact with M.B.N.A. was non existant as i was no longer receiving statements nor making payments to M.B.N.A. .

jd2000

after 2004 i " got on with my life ". when retiring 2016 i had more free time. I then investigated the P.P.I. discussions that had been prominent in press and news etc..It was whilst i was investigating that i came across the less prominent Credit Card charges reclaims. I then started to go through old paperwork and found a couple of statements from M.B.N.A., fortunately there were a couple of statements which related to the final balance clearance. I then did the data information request, made a claim which brings me to my present position. Thank you

jd2000

The reply from the F.O.S. quoted the time limitation as per the Limitation Act of 1980. As explained i was not aware until 2016. They also said that M.B.N.A. would not have paperwork covering the time of my account. As stated my data information request from M.B.N.A. resulted in information of/copy statements for the entire period of my account. I have replied to the F.O.S.with this information. I am waiting a reply.

Caz3121

jd2000 wrote: »

hi.The gross amount of the claim is £ 3498.55, mainly int. £ 2102.55 , as per M.S.E. calculator, from my account held with M.B.N.A. from 1998-2004.

so over 60 late/missed payment or over-limit fines in that time?