Here is my proposed MCOL claim text - does this seem OK. I may have to shave off a few more words to make it fit within the limit. " The Claimant held a credit account ref. 5406350172694133 with the Defendant from September 2000 to August 2005. During this time the Defendant debited numerous charges to the Account in respect of late payment and overlimit charges A list of the charges applied is attached to these particulars of claim. The Claimant contends that: a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law. Accordingly the Claimant claims: a) the return of the amounts debited in respect of charges in the sum of £449.00and the interest charged thereon amounting to £443.70; (To date the defendant has refused to accept that the charges were unlawful but has made “goodwill” payments totalling £704.35 b) Court costs;" Thanks TonyB

I am confused by the interets content when submitting MCOL. I have been asking for return of charges plus contractual compounded interest. Can I put this in the MCOL form and is the 8% in addition to this or instead of?

Update & question - I have had 2 "goodwill" offers equalling the amount of charges but excluding contractual interest from date of the charge compounded up to date of claim (19-12-06). I calculated using spreadsheet kindly provided by steve (see steve v MBNA - http://www.consumeractiongroup.co.uk/forum/mbna/39718-steve-mbna-new-post.html). MBNA have now offered further "goodwill" payment of interest but only up to August 2005 when I cleared my balance and closed my account. Does anyone know if this is correct? My view is they have had my money unlawfully after this date and therefore I am entitled to the interest.

Card Protection Payments - I have just started looking into some of the cahrges on my wife's cards and note that she has ben charged for card protection without her knowing that she had signed up for it. Does anyone know if we can get these payments back - whwn added to the interest the charges swallow up almost all of the minimum payments.

There are a lot of threads from people who have successfully added contractual interest to their claim but as I understand it you should do it frm the beginning, from your first claim letter. See steve v mbna for his approach. http://www.consumeractiongroup.co.uk/forum/mbna/39718-steve-mbna-new-post.html I only discovered this after my initial claim letter so not sure now if I can get it as they have settled full amount Excl interest in "goodwill" payments. The principal is that if they have taken your money you are entitled to claim back interest at the same rate they would have charged you. ie their monthly retail rate x 12, compounded daily. Depending how far back your charges go this can add as much again to your claim.

When you get to LBA stage and resend your spreadsheet calculation, do you leave date as the one previously sent or change to date of LBA and thereby claim further acrued interest?

Hi Milktrayman, I have been reading your thread re claimimg back interest. My initial claim with MBNA did not include any interest. They offered "goodwill payment" which I declined as full settlement and I reiterated my claim for full amount. When they failed to respond, I re-sent claim for full amount but this time including contractual interest which more than doubled the amount. They responded by offering further "goodwill payment" equal to the whole of the charges but not the interest. I again declined this, pressing for inclusion of interest and giving them further 14 days. Time is about up now with no response. I am wondering if I have blown it by not including the interest in the original letter or should I press on with LBA and MCOL?

Hi Redsue, Just wondered where you got to after your LBA. I ma about to send LBA to MBNA for my own and my wife's accounts. They offered goodwill payments up to value of the charges but ignored interest. I have declined offer with provisio that if they sent cheque, which they did, it would be accepted only as partial settlement and gave them further 14 days. Interest added as much again. 14 days is just about up with no response.

Hi Redsue, I am about to send LBA to MBNA both for my card and for my wife's. They have paid "goodwill" amounts equal to the amount of the charges but have ignored my claim for contractual interest which is as much again. I declined theit offers with the usual proviso that if they sent the qcheque it was accepted only as part settlement and gave them a further 14 days before LBA. Time is now up. Just wondered what response you got.

Thanks Adi, I have written declining their goodwill offer but said that if they still chose to send a cheque, I would accept it only on basis of part settlement and that I was proceeding with my claim for the remaining interest. "Goodwill" cheque arrived today and has been banked. I have given them another 14 days before LBA. TonyB

Received today a "further offer of a goodwill payment which basically now equals my original claim without interest. The letter has the ususal stuff about terms and conditions and the OFT £12 and that they don't agree with my complaint. In my first letter I did not add any interest but following the Steve's thread (see above) I added it after they had rejected my initial letter. It more than doubled the figure. What should I do now? Can I still pursue them for full amount with interest?

Sorry, I don't know anything about the procedure at MCOL stage. I didn't get that far. I only used the PO 6050 address for my letters.

Just to give you some encouragement, Mint have just setled my claim after LBA. Several rebuttals and stallling letters received in between. LBA sent 21st November, cheque received Monday 4th December for full amount. I realise I could have claimed contractual interest but they paid what I asked for. - £215. Letter and cheque came from Scarlett Kemp Senior Customer Adviser at the PO Box 6050 address.

No response to my prelinary claim so I have just sent off LBA today. Thanks to lots of help with contractual and compound interest from slh542000 in steve v mbna thread my claim with interest is over double original amount of charges. See his thread for more details - he has just won!

Wow! I am just about ready to send off my LBA with my schedule - did you manage to have a look at it? I have only charged 18.32% ( 1.5274% x 12) which was the retail rate at the time of the first charge. Is this correct way to do it?