Sorry, this has probably been asked a million times. I am completing a claim form on mcol and it asked for the amount claimed which is £480. I have put the paragragh in for the interest under the particulars but do i then have to add my interest of £160 onto the £480 as this will then increase the court costs or do i just leave it at £480 and the paragraph is ok ? Sorry to ask !

let them work out the interest for you. somebody did post a formula on one of the other threads but you may as well ask MBNA to work it out and let them display it to you. Be strong with them on refunding the interst as you an always tell them you won't accept a settlement without it and issue proceedings at which point they will definately refund it.

Scotty, You gave them warning mate. Don't fret about the fact their letter is dated before mcol. Drop them a line and advise them that you have issued proceedings and they either pay the £80 or you will see them in court. You'll get the £80 back no problem. you can probably keep this relatively informal at the moment and call Gareth and tell him they were too late in coming back and ask what he wants to do

don't put too much thought into it, it won't end up in court. Just make them aware that you will ask them under oath to break down their fees unless they refund you immediately

you can't really ask for the refund as somewhere in the t&C's i think it states that if they give you money back for whatever reason then it will get deducted from the account balance before anything else.

tell them you want a guarantee that the cheque will be sent out by recorded delivery tomorrow or you will issue moneyclaim after the post has been on saturday morning. As they said they will send the cheque within 7 days and not erceived i don't even see the need to confirm this in writing to them

Don't do that, you're doing yourself out of money on this if you give them more time, think of the interest you can apply on mcol !

Good luck - May the force be with you !

Perfect sense mate ! Nice one

Jeez, jeavy stuff man ! I am well open to Pm's on this matter by the way and it won't go any further. Shame you can't be so open with MBNA when you communicate with them now !

Elaborate a bit. What payments have you missed ? Have you tried to sort a payment plan or anything ? PM me if you don't want the world to know your details etc. I'll see what advice i can give you for MBNA

standar defence is pretty much: We agree claimant had account no. xxxxxxxx We agree charges were added to account in line with t&c's etc. We do not agree that the charegs are unlawful etc. however, we have refunded X amount as goodwill already. Without predjudice to point X, we have credited another X amount by way of goodwill. You won't need to worry about a counter defence mate, they will roll over and refund. Now that's sorted, spill the beans !

yeah, accept as part payment and make it very clear you are going for the remainder. make sure you send it recorded delivery

this seems to be their new tactic ofering money straight from the off. I think their mentality is that if you write for transaction details they kinda know what's coming next as most of the letters are fairly similar. If you were to ask for them over the phone (not recommended) then they will ask why you want them so the reason could well be different, until such time I think they will carry on offering refunds straight away.

Sev, I know you are quite rightly frustrated mate, but don't waste any more time sending letters to the states. I had a conversation with them months ago and they told me that they will kep no record of my complaint as that is what the english operation is for. What i did in view of this was a constant email bombardment of Shane Flynn who was CEO at the time and eventually he emailed me back. Try that approach with michael.rhodes@mbna.com or even better (and persevere with this) is call him on 01244 672040 and try between 12 - 2 pm when his pa is out and he answers the phone himself. I say persevere as he is not there everyday obviously

In this instance it won't really matter how they class it as the account will be completely clear. They will send you a cheque for £900 and more than likely close the account as you can't abide by their t&c's but is that such a big deal after all ?

Hi Mike, Get ready for a battle on this one mate. I haven't read of anybody that has got MBNA to amend their credit records. Entirely up to you this one. Everybody has had ALL of their charges back from mbna before court. so it is up to you really, you can accept the charges and leave it at that or decline whatever they offer you and go down the court route and hope that they agree before it gets through the court doors. your problem here would be that the moneyclaim is for monetry amounts and MBNA will be able to prove they offered this. A judge will probably not look kindly on a disoute on adverse credit features appearing before him, but hen again it might just not get that far.

how do you mean, can you explain ? (sorry)

for what it's worth, we just claimed back (on an old account) . They didn't even put up a fight with us. Wrote and advised they were reviewing charges after oft malarky but because we are a valued customer (did i mention this was an old account ?) they would send the refund under seperate cover. Basically, the cheque was drawn on 18/7 and received by us on 25/7 so it took a week to get a signature and stamp on it, fairly easy to get it back we thought !

Claire Pownall - now that's a name i haven't seen on these threads before, i wonder if they have just had a bit of a recruitment drive ? Can't imagine why they would need more staff

Col, They will try and use the refunds as goodwill gestures and will credit the account, they will not be used as payments - unless you do as I say ! Ok, my refunds were issued as a credit, not payment, however, when i issued proceedings for DPA breach they once again credited the account. As i owed them an instalment or two, ibasically said, send me the money and i will pay you by return or just uncredit the account and i'll see you in court. They will buckle. And, if you want to give them extra pieve of mind and they don't trust you to send the money back for payment, they can issue a cheque made payable to MBNA and treat it like a normal payment. Not many people know this, but trust me, Gareth Tunnicliffe does, it was him who did it for me !

Mark, i see how your calculation works which is fine, but the only thing i would say is that your calculation adds the charge at 0.0493% based on £20 from the date of the charge. However, after month one (when they recalculate the interest again) you would lose out ever so slightly on the interest. I mean based on £20 we are literally talking a couple of pence but over time and with some charges being in the thousands we are talking a fair few quid. Although well done for passing on the formula anyway, no way could i have come up with that !

might not be a bad idea, would certainly explain why you haven't heard anything ! Do you have access to a fax machine ?

if their letter confirmed that the £450 would be added to the account in full and final settlement then you may have to argue a bit. Personally, I would persevere with what you have done (it will cost you £35 to change the summons anyway). They will definately pay the difference and worst case scenario is that they withdraw the £450 (unlikely) and you have to issue a further claim. Frustrating i know, but they will more than likely issue a defence saying along the lines of £450 has been credited for goodwill and a further £496.24 has been added by way of goodwill as well. trust me on this, if you issue the summons once they know you wn't hesitate to do it again.

mention them when you speak to them and se what they say. If it is a bit of a negative response then just leave it and start a seperate claim as and when this is finalised, i think you may have come a little too far now to add them on by letter so possibly see if it can be done informally.