GaryH vs. MBNA (A&L Credit Card)

[GaryH]

Hi everyone,

 

My timeline vs MBNA so far:

 

SAR - (Subject Access Request) - sent 19/05, Data received 14/06 - unlawful charges total £490

Prelim sent 19/06, "Were investigating, 28 days, blah, blah, blah....." received 01/07

LBA sent 06/07, exactly the same "28 days" letter as above received 13/07

Moneyclaim due 20/06

 

A couple of questions if ya don't mind:

 

Is anyone else addressing the letters to Steve Bailey at the customer advocate office? and;

 

At what stage do MBNA usually cough up?

 

Thanks in advance - your advice and support is much appreciated:D

[GaryH]

Moneyclaim submitted today!

 

How far do MBNA usually take it? Do they acknowledge and defend then fold like most of the others? I'm just wondering how long the process usually takes with them, thats all.

[surreyscouse]

they will more than likely submit a defence on the day 14th day after service. i.e the last day they can. This will usually deny the charges are unlawful but will state that they have made a payment out of goodwill. depends whether you still owe them money as to whether or not they deduct from the balance or issue a cheque.

 

I must say, you really do seem to have played this textbook style by literally following the instructions word for word as to what you need to do. Well done you, you cannot be faulted for this.

[GaryH]

Thanks SS. Yeah I do still owe them so I s'pose they'll deduct it from

the outstanding balance of my CC. Either way suits me fine anyway to be honest.

 

Yeah I've tried to do it all by the book - no point cutting corners, if any mistakes are made I'm sure they would do their best to exploit them and I'd hate to invest time and money only for them to win on a technicality or something.

The most annoying thing about this MBNA claim so far is their responses to the prelim and LBA. A week after I sent the prelim I got the standard 1 paragraph letter saying they'll respond within 28 days along with a copy of their complaints procedure. Then 14 days after the prelim, I sent the LBA with the first paragraph modified to clearly re-emphasise the deadlines and the reasons for the deadlines. What was the response? Yep, you guessed it - EXACTLY the same standard '28 days' letter with complaints procedure.

 

Who the hell do they think they are? Would they accept that reply from me if I owed them money? Er....I don't think so!!! For a start I'm not really making a complaint - I making a demand, a demand for the return of MY money which they took as a result of an unlawful (not to mention immoral) chargeing regime.

It makes me angry that these organisations are still getting away with this even now. I'd SO love to get em into court. Probably not gonna happen though unfortunatly, they have'nt got the bottle to stand by their pathetic bulls**t defences when it really comes down to it.

[surreyscouse]

Hit, Nail & Head all spring to mind !

[GaryH]

Moneyclaim issued 21/07/06. No response as yet.

 

Got a letter from Steve Bailey last week, the one that starts with - 'I wish to clarify the situation from our position', etc, etc. It goes on to offer me £270 credited to my account as a 'goodwill payment'. Is this the standard bulls**t that everyone gets? I'm guessing it is.

 

Needless to say, I wrote back with a polite but firm 'stick your goodwill payment up your .....' an all that. I also made it clear that any refund of the charges should come as a cheque, and not a credit to my account. Am I withen my rights to ask this? If they do settle, do I get to decide how I get the money?

 

Thanks everyone,

 

Gary

[surreyscouse]

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.

[GaryH]

Received a phone call about an hour ago from our friend Mr. Tunnicliffe -

 

FULL SETTLEMENT OFFERED!!!!!

2 days before the deadline for their defence. Charges + interest + costs which totalled £729.10. Of that, £270 had already been credited to my account (the GW payment), but he agreed that I could have the remainder as a cheque!

 

Many thanks to this fantastic site and its members for the help and knowledge I have received, a donation will be on its way as soon as the cheque clears.

 

1 down, 8 to go!!!

[surreyscouse]

Well done mate ! looks like you have a busy future ahead of you !

 

Good result !