My Preliminary Letter to MBNA - is it OK?

[Catseyez]

Hello,

 

Right, I'm about to send off my preliminary letter to MBNA for late payment charges approx three years ago. The account has been closed for over a year, so using the template given, I have altered it slightly. As you can see, they only owe me a small amount. Is this OK?

 

Also, does anyone know how they refund charges for accounts that are closed?

 

------------------

 

Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: MBNA Credit Card

 

 

My request

I am writing to ask you to refund to me the late payment charges which you have levied from my credit card account over the last four years.

I now understand that the regime of fees which you applied to my account in relation to late payments were unlawful at Common Law, Statute and recent Consumer regulations. If you say that they were not then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches in order to reassure me that your penalties really do reflect your costs.

Additionally it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

You concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £40.00 from me. This consists of two payments of £20.00 that were taken from me in March and August 2003.

 

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

Yours faithfully,

 

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[JMio]

Looks Ok to me...

[surreyscouse]

go for it !

[Catseyez]

Thanks for all your help.

 

Well, today I posted my preliminary letter to MBNA, along with two others.

 

Let's hope I see that £40 again!

[Moneydownthedrain]

Go for it, sounds great with just the right touches of legal jargon, the best of luck. I'm in a different position to you but with your premission, I might adapt some of your letter to take in my circumstances. Lets see if they like the legal terminology sent to them.

Regards

Moneydownthedrain

[surreyscouse]

if the account is closed they will issue a cheque for the refund

[Catseyez]

Go for it, sounds great with just the right touches of legal jargon, the best of luck. I'm in a different position to you but with your premission, I might adapt some of your letter to take in my circumstances. Lets see if they like the legal terminology sent to them.

Regards

Moneydownthedrain

 

I got the template from this site. I have only adapted the prelim letter (for credit cards) very slightly, but please feel free to use it! Good luck!

[Moneydownthedrain]

Hi Catseyes,

Thanks for that, I writen the letter and posted the thread, asking for comments before I send to MBNA. I tell you what! its a pity this group wasn't around when I was sweet talked into joining MBNA - I would have run a mile before signing up.

 

In fact, that statement goes for all credit cards, if people read the threads first before being tempted by all the credit card offers I'm sure they would think twice. It should be made compulsory reading.

 

Anyway, thanks for your help, if you a minute take a look at my letter - I would welcome any comments.

 

Moneydownthedrain - Alice

Isn't this site addictive!!!

[Catseyez]

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