Martin Lewis - Claims change from April?

[Mupster]

Hi all,

 

Apologies if this has been posted elsewhere, I just saw it on an email from Money Saving Expert (the site where I first learnt of THIS site!):

 

In April, the Office of Fair Trading will give its opinion on the appropriate amount for bank charges. My guess is it'll be £12, though the banks predict higher and I think it should be lower. The banks will be under huge pressure to drop charges across the board, and will probably fall into line. This won't stop people reclaiming past charges, however banks may only offer the difference between £12 and the amount you were originally charged (e.g. £35 - £12 = £23). If you don't accept it, the risk they may defend in court for the first time, citing the OFT ruling, is a tiny bit higher. To avoid all this, reclaim now!

[Bookworm]

http://www.consumeractiongroup.co.uk/forum/general/70359-about-oft-impending-report.html

 

To save repeating myself.

[ladybird17]

what is it you are asking Mupster?

[Spiceskull]

Little Mart is on GMTV right now...talking about water...lot's of drips there...

[OldBear]

http://www.consumeractiongroup.co.uk/forum/general/70359-about-oft-impending-report.html

 

To save repeating myself.

My thoughts exactly.

 

The OFT can set any 'limit' they like; the banks will still be profiting from them and, thus, it doesn't make them any less unlawful. In my humble opinion.

 

OB

[harrythehawk]

Yes a judge would have to find it truly amazing that an actual true cost of a charge comes to the exact amount the OFT suggest ?? It is so typical of the greed of the banks that they will decide this is the maximum level so let's apply this rather than apply the true figure, it is just doing what they have been doing for years overcharging. If it is anything like the response on credit card charges which all happen to be around £12 or even £11 now they feel this £12 suggestion by the OFT still justifies them sticking it on your account as a charge rather than the maximum they can go up to.

[Mupster]

Ladybird, I'm not asking anything, I thought others on the site might find it of interest!

[Highroller]

Bookworm and MUPSTER, thank you both.

On Jan. 22nd I wrote to MBNA and asked for my list of charges etc. as entitled to under the Data Protection Act using the Libary letter from this site. Today, exactly 39 days later, they have returned my £10 postal order to me with a new application form for the data request. They have sent me a letter telling me:

''Our view is therefore that the charges that you agreed to are valid,fair and enforceable. Term 3b of your credit agreement with us clearly states that you must pay £25 each time a payment has not reached your accounts within one day of your payment due date, or when you exceed your credit limit, or a cheque is returned unpaid.

You may know that the Office of Fair Trading has recently issued guidelines for the level of credit card default charges. MBNA disagrees with the OFT's interpretation of the law and continues to maintain that the default charges ti £12 with effect from 28 June for late payments, and 28th July for overlimit fees.

With the above in mind and in order to end matters in this case, I have credited your account with a payment of £416.00.

.................As requested we have enclosed details of your statement information. On this occasion, we have provided the information to you free of charge, as we have not treated your request as full data subject access request.

Shouls this information not be sufficient, and you wish to take a full data subject access request request under section of the Data Protection Act 1998, please complete and return the attached form. ...... ''

 

That letter was from the CUSTOMER ADVOCATE MANAGER. They ignored my full data request; returned my £10 postal order; expect me to start another request, effectively delaying my claim (THEY HOPE!!!) by another 40 days. It took them 39 days to respond to me.

 

I can proceed to the next step now?

Advice please folks.

[Paintball]

Highroller

 

They have not complied with your initial request. You can begin a complaint against them with the Information Commissioner and write and tell them that you are doing so as they have not complied with your request which is unlawful under the Data Protection Act of 1998. If they still don't comply, pursue the complaint as per the Information Commissioner according to his/her guidelines (there's a link provided in the letters/templates section).

 

Take them to Court knowing that there is no case in law that defends any bank charging customers such punitive rates ...

[Highroller]

Thanks Paintball. I sent a letter to MBNA yesterday giving them until Sat. morning (tomorrow) to get the requested info. to me.

I took the trouble to send all documents by recorded next day delivery, so MBNA will have had it by noon today.

I will take up complaint as you suggest on Monday morning.

Thanks again.

There is power in numbers......what a great site this......and I'll be donating some of my refunded monies from MBNA to this site.8-)