MBNA CC Charges whilst in dispute?

[supasnooper]

Have you kept the envelope that the DN came in ?

 

If you have, and it is marked UKMail, then it will be ineffective.

 

If you haven't, you'll need to put MBNA to strict proof as to the class of postage service used and to provide proof of postage.

[felixfly]

Hi

 

I have an old MBNA card which I have not paid anything to for about 3 years.

This is due to the fact that they could not provide me with a CCA.

 

Over the last 3 years I have been sent various threatograms which I have just ignored and it has been passed around a bit.

 

I have gone back to looking at the SAR info I received 3 years ago

and noticed that during the first year of the account from 2003 to 2004 I was paying PPI of about £30 a month.

 

I must have realised and cancelled this in 2004 as it suddenly stops.

 

There is also a lot of charges on there that are called 'Posted Credt Insurance Fees' Does anyone know what these are?

 

Can I claim these back with my account in default?

 

I am happy for them to just reduced the amount owed on the various DCA letters I get

and am not expecting them to give me cash when I have not paid it.

 

Would going through this process affect the time to Statute Barred?

 

Can I do this whilst I am saying the account is in dispute due to no CCA?

 

Regards

[dx100uk]

if you were to reclaim the PPI

 

and those PENALTY fees [as well as the 'Posted Credt Insurance Fees' ]

 

using the CIshet

 

does this wipe out the balance?

 

dx

[felixfly]

Hi

 

Im not sure because I find the interest confusing, I have seen posts saying charge 8%, 29% and some saying charge whatever the credit card interest fee was. Im not sure which one to use.

 

My balance is currently around £4100

 

The PPI I have paid is £1150 in 2003-2005. The account was started in 2002 and closed in 2006 so there will be more but I only got 6 years worth of statements with my SAR.

 

The charges from 2003 onwards amount to £1480

 

Both of the above are without interest added as I dont know what figure to use. I have put all the figures in the spreadsheet.

[felixfly]

By the way, the posted credit insurance fee starts when the PPI fee stopped and is the same kind of amount so I presume this was just another name for PPI and I had it for longer than I thought.

[dx100uk]

yes it was

 

on a cedit card PENALTY fees and PPI are ALWAYS

charged at THEIR purchase [interest] rate.

 

dx

[Fred Bassett]

The PPI I have paid is £1150 in 2003-2005. The account was started in 2002 and closed in 2006 so there will be more but I only got 6 years worth of statements with my SAR

 

You say you've only got 6 years worth of statements - but you only had the account from 2002 to 2006. What period do the statements run from?

[felixfly]

Hi

 

Sorry, when I say it was closed I mean thats when it was defaulted. I sent my SAR in 2009 so received 2003 - 2009. From 2006 to 2009 It was just me paying them a fixed figure via an arrangement though CCCS.

[felixfly]

Hi

 

Sorry for being thick, so what interest rate do I put in the box on the spreadsheets?

[Fred Bassett]

Hi

 

Sorry, when I say it was closed I mean thats when it was defaulted. I sent my SAR in 2009 so received 2003 - 2009. From 2006 to 2009 It was just me paying them a fixed figure via an arrangement though CCCS.

 

So how do you know that the opening balance on the first statement in 2003 was correct?

[felixfly]

I suppose I just need to take there word for it. I have looked closer and there is probably about 4 months from opening the account to the first statement they sent.

 

Also, do I claim interest up until todays date or up until the default date?

[dx100uk]

till todays date, though that will slide till they settle, that is covered by the complaint letter from the library here.

 

you use their last/latest credit card rate. as it post 31

 

i suggest you type in

 

reclaim credit card PENALTY charges

 

in our search top right.

 

or read the links below

 

the more you read the stronger we become.

 

dx

[felixflyer]

I sent MBNA a letter asking them to refund my charges and included the spreadsheet showing the compounded interest.

 

They replied with a standard letter saying they do not have enough information and asking me to complete the enclosed questionaire.

 

The thing is, they never enclosed any questionaire.

 

I rang them up over a week ago and they apologised and said they would put it in the post but I still have not received it.

 

Is this just them delaying things hoping I will give in?

[dx100uk]

AFAIK there is no questionaire for a charges reclaim

 

could this be for the PPI?

 

dx

[felixflyer]

Sorry, yes this was for the PPI.

[dx100uk]

sri i should have outlined the process

though you've just gone ahead without checking back.

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

this is the one , that should have gone off with your SOC & covering letter for the PPI claim.

 

dx

[felixfly]

Hi

 

Well I have had responses now to both my charges and my PPI.

 

Regarding the charges, they have offered my £20 as a goodwill gesture. I will now look into taking this further through the court. I am a bit wary of this though as I have never been to court before. There are lots of threads on here that geet to this stage and just stop. Im undecided how to proceed now.

 

For the PPI. They have sent me a letter stating that I ticked a box asking for the PPI at the time of my application, they also say they have attached a copy. I did not tick this and what they have actually sent is a printout of their own application data with says PPI = YES. I cannot remember whether I applied for this online or not.

 

I would like to take this further but again I am a bit intimidated by the court route so may go to the FOS. How long would it take this way? Should I try the court route hoping they will back down?

 

Regards

[dx100uk]

if this is the first response then write back saying where s the rest of my charges reclaim

 

as fo the ppi

 

write baxck

 

it is well known that the mbna site had the tick box pre-ticked

 

i suggest you do some reading up on other mbna claims

 

dx

[felixfly]

Thanks,

 

My charges come to £1400 and with interest it works out at £6750. I would like to keep this in the small claims court so would be happy to go for £4999. Am I ok to include the actual figures but state in the letter that I will be claiming £4999 through the small claims court or should I try and figure out an interest rate that comes under £5000?

 

Is it acceptable to just tell them I am asking for £4999 to keep it in small claims?

[dx100uk]

£20 offer for +£6k!!

 

stupid lot

 

dont quibble challenge them

 

why are the not coughing?

 

dx

[felixfly]

Hi guys,

 

Just to update about my PPI.

 

I have received a letter from the FOS today saying they have suggested to MBNA that they pay back all my PPI. They have given them until the end of this month to respond and either agree, disagree or make another offer.

 

Does this mean they will pay or do they usually disagree? Has anyone else had this response?

 

Regards

[felixfly]

Hmmm,

 

Well I received a letter from the FOS now saying that MBNA disagree with the FOS decision. They have quoted some case references that they say are similar to mine but these have been blacked out. In the letter it goes on to say that 'this does not necessarily mean the FOS will change their decision'.

 

Has anybody else had this? Is this just MBNA trying it on?

 

Regards

[felixflyer]

Hi

 

I have today received a letter from the FOS saying MBNA have agreed to make me an offer and are calculating a figure. I take it this will not be the figure that I calculated, anyway, just updating my thread and will let you know what they come back with.