MBNA now DLC debt

[dx100uk]

ok the 6yrs bit

 

its rare without court claims made

theat CCC's refund charges passed 6yrs - the statute of limitations applies

 

as for the spready, yea ok this is charges not PPI

so ignore .

 

as for my figure of £1947

 

if you removed charges passed 6yrs from your spready - thats what you get.

 

so i cant see how they are getting £1850 by just giving you 8%?

have they said how they calc'ed it?

 

you cant claim the 8% till it goes to court or goes via the FOS normally

 

confused too

 

dx

[Madge67]

Morning DX, another lovely morning outside.

 

Cheers for getting back again and for claryfying things. I realise I would have to go to court for anything more than what they are offering but to be honest I thought I would have to do that for any measly amount so at least they have made an offer, even if I still dont agree with it. They said on the phone they are refunding ALL charges, thats got to be a result of my letter (the one you posted on here for me to use) Thank you wholly for that.

 

I didnt realise that at court they probably wont award anything older than 6 years - that changes things big time. Need to think long and hard about this and what to.

 

Madge

[Madge67]

DX you were right on the mark about MBNA's offer. Recd their letter today and they confirm they will repay charges over last 6 years at associated interest plus 5% on top for goodwill - all coming to 2080.00.

 

They can keep the 8'000 profits they made from my money. grrrrrrrrrrrrrrr

[Madge67]

update - Got my cheque for £1800 but they didnt return the payment for 225.00 (I returned this with my refusal of their offer letter).

 

Now Ive slept on this, I am going to accept the money as part payment but want them to increase their offer (they have said its the final offer)

 

will no doubt be completing court forms in order to do this.

 

If I can claim back charges older than 6 years then I want to do this by whatever means it takes.

 

I am however, going to reduce my claiim so that it can go through the small claims route.

 

I will do this by reducing the interest rate to 24.9% instead of 34.9%.

 

This brings it to £6228.86 less what they have already paid out bringing the claim to just over 4000.

 

I will write to MBNA on Monday to gve them one last chance to increase their offer and pay me the balance or off to court we go.

 

I was tempted to accept the offer they made and put this to rest, but they have sh%fted me for so long with their ridiculously high interest rates

and their digusting ways of dealing with customers who are genuinely experiencing financial difficulites, they dont deserve any more slack.

 

Madge - fighting on!!

[dx100uk]

i think it unwise to accept then court

 

dx

[Madge67]

ok, i'll just write to them and say thanks but no thanks.

 

Cheers DX

[Madge67]

Im gna do it DX Im gonna do it... Do you think Im daft?

 

be honest!

[dx100uk]

the call is yours

it would be nice to nail mbna

 

dx

[Madge67]

Then thats enough for me!

[Madge67]

Update - I wrote to them to tell them that I wanted the full 6 years and that unless they paid me i would start court proceedings and that I would be relying on section 32 c of the limitation act etc etc. I found the letter that i jused on here of course.

 

Letter recd in response to this on Friday stating the following

 

' I bring your attention to the statute of Limitations. This means that we are not obliged to refund any default fees charges more than 6 years ago. As a result we have refunded only fees charged 6 years prior to the date of yoour complaint.'

 

Hi Ho Hi Ho its off to court we go. Time to get NI completed.

 

Madge

[Madge67]

Hillesdon have updated my Credit file - Cheeky blighters. It showed as settled by MBNA when the debt was sold and then updated on 12/03 by Hillesdon - Can they do this when they havent complied with my CCA request?

 

Madge

[dx100uk]

yes

 

dx

[Madge67]

Im starting to prepare my N1 form to reclaim unfair charges between March 2003 to Oct 2005. (MBNA have already paid out from Nov 2005 onwards - claiming 6 years limitation on prior period). I just have a question please if anyone can help

 

1) My card was originally taken out with Alliance and leicester who then provided Credit Cards via MBNA. Would my claim definately be with MBNA and not A&L. Im thinking it would be but I dont want to fall at the first hurdle.

 

Thanks

 

Madge

[Madge67]

Bump