Chunky Linc Vs. MBNA

[chunkylinc]

I've got a credit card with MBNA and I've been charged loads of times from late payments, can these still be claimed back even thought the court case is going on??

 

I did claim back some money from HSBC, but that was a while ago now and I feel I may be alittle rusty on how to do it, not only that I beleive credit cards are slightly different/more complex to work out how much you can get back?

 

Could anyone point me in the right direction?

 

Ta muchly..

[elliesnan]

bump

[Grummy]

I don't know for sure if you can try to claim back charges wth court proceedings in operation, but I don't think so.

 

Getting charges back form BoA is very tough because they stringently follow the FSA regulations, so to go up against BoA is to also challenge FSA.

 

Getting charges back form BoA depends entirely on what kind of customer you were to them. If you were alsways missing payments or making them late, then you are considered bad and they won't oblige you to give charges back, and they tend to shrug off letters saying that charges are unlawful because they are within FSA regulation guidelines.

 

Others here might have ways to beat this, I don't know, but BoA are tough to crack, this much I know.

[chunkylinc]

I didnt think that the court proceedings were affecting credit cards? And although BoA now own mbna, there was a period over the last 6 years when they didnt and I'd still been charged?

 

Do you not think it's worthwhile me persueing this one?

[Grummy]

Oh no, its always worthwhile if the outcome is worth the journey.

 

Just be aware that it can be a difficult ride wth BoA. Your first step is to find out all the charges you want to claim back.

 

BoA only hold statements for 6 up to 6 years prevous, if your looking longer than that, and you don't have the statements yourself, they could be very dfficult to reclaim. If they are no more than 6 years, then BoA have the statements, but not to immediate recovery, they take time to dig out from wherever they are kept. (I actually don't know where they are kept).

 

Thing to note, BoA charge £4 for every statment you want reproduced. I don't know if anyone has found a way to get copies of them without charge, Id never heard of it happening.

[Goldlady]

Hmmmm. Yes you can reclaim credit card charges as they are not covered by the test case. It was decided a couple of years ago that charges on credit cards were unfair.

 

How long have you had the MBNA card?

[Goldlady]

And you can get copies of statements and everything else they hold about your account by sending a SAR which costs £10 and applies to every financial institution operating in the UK.

[Grummy]

And you can get copies of statements and everything else they hold about your account by sending a Subject Access Request which costs £10 and applies to every financial institution operating in the UK.

 

 

Does the SAR cost of £10 mean they MUST send you every statement they hold?

[Goldlady]

Yes. And copies of all screen notes, tape recordings of phone calls etc etc.

[Grummy]

Yes. And copies of all screen notes, tape recordings of phone calls etc etc.

 

Groovy, I never knew that.

 

Good job too really, I would have been telling everyone to send one and probably have got myself the sack

[Goldlady]

Haha, I think you need to be de-briefed about everything you have been told in your previous employment and spend some time researching on here. If you are genuine about helping on CAG that is wonderful, and thank you, but you must appreciate that people will be suspicious about your motives and that your opinions are likely to be questioned.

[chunkylinc]

I've had the account for ever and a day, I sent off the SAR today, registered post, with a £10 cheque and a copy of my passport so they cant pull the 'Who are you trick'. So now it's just a case of sitting tight till the 40 days is over and the stuff starts to turn up.

 

I know when I done this process with HSBC I claimed for Interest charges on my account when I was overdrawn as well as all fee's and charges, does the same apply here, or is it literally just the charges?

[Grummy]

As I've repeated often, Im just passing on information from a BoA perspective so people can get inside the BoA 'mind' and understnd their perspective and how they do things.

 

Doesn't it help to 'know what your enemy is thinking'?

 

Anyway, please, read my thread, and use what I've put in their as best as anyone sees fit.

 

I accept that people can be suspicious and demoralized by banks, and can be unwilling or unable to see anything past the bad (of which there is plenty, I won't deny that) So I'll not enter into discussions about it. If my thread is useful, please use it, if not, then good luck to everyone who goes up against BoA.

[rory32]

I don't know for sure if you can try to claim back charges wth court proceedings in operation, but I don't think so.

As Goldlady stated, the test case is only to do with bank account charges. The decision on credit card charges was made some time ago and actually only decided at what level a charge would automatically be considered an unfair charge. Hence everyone now charging 12 quid.

 

When you do file at court chunkylinc just make sure that you don't use MCOL, as if you use this your claim will just get bundled in with all the bank charges ones and be automatically stayed.

 

I've had the account for ever and a day, I sent off the Subject Access Request today, registered post, with a £10 cheque and a copy of my passport so they cant pull the 'Who are you trick'.

MBNA are very non compliant with SAR requests so be prepared to take them to court over non compliance. Stick to your timescales not theirs.

Getting charges back form BoA depends entirely on what kind of customer you were to them. If you were alsways missing payments or making them late, then you are considered bad and they won't oblige you to give charges back, and they tend to shrug off letters saying that charges are unlawful because they are within FSA regulation guidelines.

 

Others here might have ways to beat this

This is why CAG urges people to take companies like MBNA to court and provides templates for filing N1's etc. There is a very strong legal argument against their charges.

 

These are that the charge is a penalty and therefore unlawful and refundable (this is a common law argument) and that the charges are an unfair term in the contract (this falls under statute).

[chunkylinc]

Been a while, so just thought I'd give you an update...

After finally getting my statements, following the usual procedure and a couple of negotiation letters...

MBNA have refunded a large proportion of the charges and I didnt have to even start the court case...

:)