Sterile v MBNA

[Sterile]

Hi. Sorry if this has been asked before - though I have just spend a good couple of hours ploughing through the FAQ's.

 

My question is basically this (I will use round igures to keep it simple)- I have a approximately 3000 pound outstanding balance on my MBNA card and have just received in the post from them this morning the breakdown of all late payment fees and overlimit charges (90% of which were caused by the latepayment fees) and these penalty fees total a shocking 1000.

 

If I write and ask for that back, are they able to say along the lines of OK, we will pay back the 1000 pounds but we are closing your account and we require the balance (2000) repaid in full immediately. This is worrying me - if anyone has any ideas would be grateful...

[rivendale0506]

Haven't come across this with a Credit Card, but the advice for Banks is to open a new account in case they do that. Can you open another credit card account - transfer the balance on your MBNA and meanwhile be claiming the charges from them?

[surreyscouse]

they can withdraw facilities on the account but probably and almost certainly wouldn't make an immediate demand for the remaining monies to be paid back. And even if they contested your claim in court and counter claimed you could get the interest frozen and pay back less each month. That said, my account still seems to be open even though they have refunded nearly £600 and already told me my facilities are withdrawn, my statements still show available credit, not that I am likely to use it though !

[Janet-M]

Banks can close your account down but if you search the site you will see that people are starting court cases / injunctions to stop this by arguing this in court.People are in the early stages of this so there is no test case to date.When it comes to credit cards you will find that the banks will be less likely to do it as it would not be in their best interest to do so.

[Sterile]

Hey all

 

Received the 6 yr schedule of charges from MBNA last week, it comes to 1036 pounds. Am going to be sending off the standard letter by Recorded Delivery tomorrow requesting a refund.

 

Have read through every MBNA thread, it's really encouraging, cant get over how amazing and knowledgable some of the people on here are, I wouldnt have known where to begin if I was doing this on my own.

 

Am definitely going to make a nice donation to the site if and when I get something back from them, will let you know how its going.

[barracad]

Good luck!

 

Keep us posted.

[surreyscouse]

you'll be fine matey ! Just follow the forum rules and don't back down on anything and you'll get it all back !

[Janet-M]

MODERTAED threads joined .please keep to the one thread when updating or asking questions .This is for your benefit and the benefit of everyone following your claim

[Sterile]

Just received the standard reply to my prelim letter saying we will give you a response within 28 days blah blah blah...should I now : send LBA now, send LBA in a weeks time when it was scheuled, or wait and see what they come up with?

[Sterile]

OK Just seen the answer in Lois's thread ! Will wait the 14 days from my prelim letter and then issue LBA...

[Sterile]

LBA In post today...

[Sterile]

MBNA have gone totally silent, is this normal ? Am due to start the moneyclaim procedure on Monday - which I fully intend to carry through...

[surreyscouse]

they do seem to have a habit of running quite close to the wire with responses and in a lot of cases have missed deadlines and had to fork out for court costs as well as refunds. Don't worry mate. Stick to your deadline and you'll be fine. You might have to issue a summons but it definately won't end up in court

[JMio]

MBNA responded to my Prelim Letter, 2 days before the deadline of my LBA.

 

I phoned their Advocates office, spoke to Gareth Tunnicliffe and advised him that if a full refund wasn't agreed before the expiry date of my LBA, then Court Proceedings would start.

 

He called me back that afternoon with an offer of full refund, and the cheque arrived a few days later.

 

Stick to your guns, and the refund will come!

 

Good luck

[Sterile]

That's exactly what's happened to me. Just received a letter from them saying they have credited my account with 520 pounds (which hasnt appeared on my online statement !?!) which they claim is in full and final settlement.

 

You reckon its best to chase up the rest by phone or keep it in writing?

[surreyscouse]

they do tkae a little while to credit the account for you. It is normally done just before your next statement so they can probably milk as much interest out of you as possible. Write back and tell them you do will quite gladly accept the £520 but will pursue them for the remainder and issue a court summons if not credited before your deadline expires.

[Sterile]

Thats the thing SurreyScouse - if I fire off a letter today or tomorrow which I can easily do, they wont get it till Monday which is deadline expiry date - shall I write back accepting the part payment and giving them a further 7 days to credit the remainder, would that be reasonable?

[Sterile]

Well I am fully resigned to having to file a claim against these muppets for the outstanding monies. Is there a template anywhere as to an acceptable wording of a claim for when I fill in the section on the moneyclaim site? Also is working out interest going to be a problem? I have the schedule of charges, plus the dates, but not what my balance stood at each time...

[Sterile]

Sorry...i have found the details of how to fill in the claim in the templates section, i overlooked it earlier - oops

[tamadus]

Following a telephone conversation with Mr Gareth Tunnicliffe this afternoon I have calculated interest paid on a total of £950 in charges dating back to June 2000. Interest alone comes to £1090 at their rate of 1.73% per calender month. He agreed that they apply payment to charges last in the queue so a charge from 6 years ago has been accumulating compound interest every month unless the account is settled in full.

[Sterile]

Yeah but what does Gareth Southgate know about Penalties for Gods sake? He couldn't put one away in Euro 96 for love nor money

[surreyscouse]

sterile, have you issued your claim online yet ? if not, may well be worth putting the phone call in telling them they have until midday or something before you do it. if no response by midday then do what i did, issue the summons at 12.05pm.

[Sterile]

No not filed it as yet - but wrote them a letter after they made their offer of part payment saying they had until Tuesday of next week to pay the remainder. I think you are right, I will put in the phone call Tuesday next week in the style you suggest (or maybe even Wednesday being ultra generous!)

[tamadus]

Darnation I knew I had made that typo somewhere, trust you to spot it Sterile

[Sterile]

If am starting a claim for part of the amount (total charges less goodwill payment received) do I still claim for the full amount of interest?