@mbna MBNA Credit card debt/ charges reclaim

[mikesmotor]

Hi All

 

I'm in the process of dealing with an account of my wifes and I was told by the operative at MBNA,

 

when asked for statements going back for the past six years as I intend to claim all the charges back,

 

that they only keep records back to 2005.

 

I would be gratefull for some advice here on how I should proceed.

 

All the best

 

Mike

[Cornucopia]

Hello Mike, that is absolute rubbish!

 

Have you issued a SAR?

 

You must do this and enclose a cheque for £10.00.

 

The letter is in the templates library.

 

My advice would be to try and avoid phone conversations and keep everything in writing and always send "recorded".

 

 

Once you have issued your SAR, they have 40 days to comply.

 

Please keep us posted with how you get on.

[mikesmotor]

Many thanks I'll set that in motion right away and keep you posted.

 

Mike

[Cornucopia]

You're welcome!

 

Some people are finding that if they ring MBNA (see the sticky regarding their Advocate Office contact details),

they are getting a fast result,

 

but I personally, have been completely shafted by them and would advise that everything is in writing and recorded so they can't try and wriggle out of it.

 

Also, if you stick to the tried and tested method, you are going to get results and they will have no comeback on you!

 

Good luck with it all and I will watch you thread for progress!

[mikesmotor]

One thing I have said in the past was that I would regard any written communuication sent to me unrecorded would be regarded as undelivered. How would I stand legally on that?

 

Mike

[iwannabedebtfree]

in a nutshell? you dont sadly, it would be nice to request everything via recorded delivery but companies dont have to do that.

[Cornucopia]

One thing I have said in the past was that I would regard any written communuication sent to me unrecorded would be regarded as undelivered. How would I stand legally on that?

 

Mike

 

I agreed with iwannabedebtfree, you can certainly try but I think it will slow things up for you. As long as you cover your communications effectively by recording absolutely everything, that will be enough should you ever have to go to Court.

[JOE 90]

Hello

I wrote to mbna asking for statements and had no response. i phoned the advocotes office and received my statement the next day with £10 cheque they said they had not received. Read my thread NICE PEOPLE AT MBNA

[Cornucopia]

I think I replied to your thread Alex, I thought you were lucky, as other people have been with them

 

however, with Mike's situation here, where they are telling him they only keep records back to 05'

(which we all know is utter bull),

 

he is, in my opinion, better off going for the full SAR, and if it is recorded, they can't wriggle out of it.

 

I think it is very strange how some people are getting their charges back from MBNA with just a phonecall, whereas others (like me) are facing an uphill struggle (although my situation is slightly different - see my thread MBNA Nightmare!)

 

- one thing I do know is we will all get there in the end!!!

[mikesmotor]

Thanks for your advice here guys, I might need to probe your knowledge again in the near future.

 

Mike

[chorlton1]

I know that MBNA at some stage changed the way they held data (they electronically archived their paper data) and that prior to a date (I thought 2004 not 2005 but may be wrong) the data was moved to MBNA in the US not the UK.

 

Whilst this doesnt have any impact at all on your SAR, it might be where the wires have got crossed.

 

I would send them a SAR, ensure you have the correct address so they can't say they didn't receive it (which is what they tried, unsuccesfully to me!) and then follow the process in the usual way.

 

I think saying that you would only view lettters sent registerd or recorded delivery as received won't work, and if you ever got to Court the banks and probably the judge would say you have acted unreasonably.

 

English Law deems a letter to have arrived 2 days after it was posted and I very much doubt MBNA or any other regulated financial institution would say that they have sent you something when they haven't

 

- Any letter would be discoverable and would land them in a whole heap of poo in Court if they couldnt produce it after saying they sent it.

[mikesmotor]

Anybody with an MBNA credit card.

 

I've just received my latest statement to find that I am more interest this month than last month despite not having used the card.

 

It turns out that interest is calculated not from the day your last payment was paid in but when they decide to print the statement.

 

Because of the Christmas break there were more days between statements being printed so guess who pays for MBNA's Christmas holidays.

 

I'd be interested if anybody else has noticed this.

 

Regards

 

Mike

[mikesmotor]

I don't know if any body can throw some light on an interesting modification that the MBNA has made to the terms and conditions of credit card accounts.

 

Term 3b covering default charges has been ammended to read, "any other reasonable out-of-pocket fees, legal or other costswe incur as a result of you breaking this aggreement".

 

Anybody got any thoughts!

 

Mike

[mikesmotor]

It might be advisable for all mbna customers to check the interest they have been charged on a month by month basis.

 

My wife's credit which is not being used thus being paid off in a case in point. the ammount of interest charged on the July statement is some £17.00 more than the previous June statement despite the forwarding balance being less.

 

On making a complaint I was told that it was the difference of the extra days.

 

This turned out to be two days extra.

 

I was also told that the ammount of interest charged is the estimated one from the previous months statement!

 

On complaining to their customer advocate department, one Gail Powell who recieved a miraculous promotion from department manager to vice president took no less that eight weeks to send a reply of comlete financial gobbledygook that so incensed me that i have put the whole thing in the hands of the financial ombudsman.

 

I am sorry that this sounds a bit long winded but I would be interested to hear from anybody who has has similar experiences with mbna.

 

Regards

 

Mike

[mikesmotor]

I'd be grateful for any help here.

 

My wife received a letter from a company called Link Financial.

 

The letter was very misleading but when we phoned them they say that she had defaulted on a credit card supposedly taken out in 1998 and the default took place in October 2006.

 

To our knowledge we know nothing about this and the aggressive individual on the other end of the line suggestted that the onus was on my wife to prove she has nothing to do with this.

 

As I say, any advice would be helpfull

 

Regards

 

Mike

[dx100uk]

you broke the golden rules you phoned them!

 

never speak to a dca on the phone

 

demand everything in writing only.

 

now when was your wifes last financial in/out on it

 

bet its log statute barred.

 

dx

[mikesmotor]

Hi

 

Thanks for your reply as I stated we don't even recall this so called debt so we have no knowledge of any payments to or fro. As to the letter we received it was misleading in as much as it suggestted we had made a credit applicatkion.

 

Regards

 

Mike

[dx100uk]

well you'ed have had lots of other letters prior to it going to the phishing brigade.

 

pers i'd do no more now

 

await them to show their cards by letter.

 

you are under NO legal obligation to speak to them

 

Link Financial as with all DCA's

have NO LEGAL POWERS

 

so don't be worried by whatever they threatened on the phone or via the next phishing letter

 

dx

[mikesmotor]

Thanks, when we get any letters I'll be back

 

Regards

 

Mike

[mikesmotor]

We've just received a letter from this Link Financial crowd quoting account numbers and ammounts. As we still have no knowledge of this account what do you think we should do now.

From memory do they not have to supply proof of the account being taken out with signatures etc.

 

Regards

 

Mike

[dx100uk]

i would not unduly worry about things at this stage

 

phishing trip

 

dx

[mikesmotor]

Thanks for your reply. What do youn think we should do? Wait for another letter.

 

Regards

 

Miked

[dx100uk]

yep

let 'em play their cards first

 

dx

[mikesmotor]

Thanks for your help on this one.

 

Regards

 

Mike

[mikesmotor]

Hi

We've received no further letters but I think my wife inadvertantly disclosed our phone number so they're now calling us insisting we call them. So far I haven't returned any calls and I have downloaded the l;etter templates from the library. Any suggestions as to our next move.

 

Regards

 

Mike