Empire Strikes Back v MBNA ::: SETTLED IN FULL

[Empire Strikes Back]

After sending a LBA and hearing nothing from MBNA I have filed a claim through MCOL for £738 + INT, this was served on them on 25th May. Have received a letter from mbna offering a goodwill payment of £250.00 to clear my account balance and a cheque for £50.00. This letter was dated the same as the court service date so has obviously crossed. What should 1 do now, just ignore this letter and wait until they reply to the claim or write and accept the £300 as part payment and tell them that as I have already filed the claim I shall still be continuing with the claim for the rest

[callumsgran]

go for the whole lot,its your money! its only a quarter of what you will get! theres no such thing as a goodwill gesture in my eyes! you're nearly there, dont give in now

[Movingon]

I would also hurriedly write to them accepting their offer in part payment, advising them that you have already started your claim for the full amount; and that you will advise the Judge accordingly - but that you fully intend to pursue the full amount through the court.

[Empire Strikes Back]

Thanks for that guys, will post a letter off today stating that i will be carrying on, keep you posted

[Empire Strikes Back]

Had a phone call on Tuesday from a guy at MBNA, I have now received their payment in full.Yipee!! 1 down 18 to go!! Could a mod or someone from admin pm me and let me know how I can make a donation as my Lloyds account has been closed and I dont have a paypal set up on my parachute account yet.Without this site I would never have known I could get my charges back, You guys are doing everyone a great service and deserve all the donations you can get.

[barracad]

Congratulations!!

 

Great news. Please fill out the survey here:

 

http://www.consumeractiongroup.co.uk/survey.php

[fivelaws]

Top banana.

 

This trickle is turning into a flood...

 

Well done ESB.

[Empire Strikes Back]

Donation sent, now on with the rest!

[callumsgran]

CONGRATULATIONS!!!!!!!! i see the force is definitely with you!

[Topaz2]

Hi ...just joined

Just been legally ripped off by MBNA Europe credit card ploy; they are the lowest of the low.

Purchased a product in August paid for it in full and cash at bank...but it didnt make their account and was two days late bank holiday weekend! The next statement in Sept showed a late payment fee of £12...so I wrote and asked for pity and queried the account ....they replied to say they would look into it....heard nothing...another statement arrived with interest added to the interest I wrote back and said what about the reply to the September issue...then got a letters saying sorry for delay will send one by 21st October. That never arrived....finally got the December statement with £54 interest accrued....still no reply ...so I called them....they said they would respond with a letter......I finally got a letter on 12th December with an October date on it. Joanne Johnson Manager of the hard hearted customer Advocate office. The Charge stands and thats it ...if not happy contact the financial Ombudsmen. Was told by the ombudsmen they within their rights...unless you can prove the letter of December was back dated...tough.

Called them and was told a manager would def call backin 48 hours....heard nothing. called them 3 times in all finally one called to say tough get intouch with the Ombudsmen if you not like it.

I can swallow the fact I should pay £12 ....but £54 is just robbery. I was under the mis apprehension they were looking into the query on the account when infact it was a delay in the name of legal robbery... They could have just written and said the interest would accrue on interest....In my stupidity I thought they were a company that treated you as a customer. So Be warned. If anyone else has received a back dated letter from MBNA or had similar dealings please let me know....I still seething, been a long time clean and green customer...but will never ever use them again.

[steven4064]

Hi Topaz

 

Welcome to CAG and MBNA in particular. You shouldn't have to pay £12 let alone £54. The letter you have received is what everyone gets but, as you can see from higher up this thread, you can get all the money back. Start your own thread and let's do it .

[Topaz2]

Hi Steven, thanks for the welcome and positive words of encouragement. I most certainly will read the threads and look into the possibilities.

At present I'm of the understanding that I entered an agreement on the late payment fee when taking up the card....however will read the threads and get back. Many thanks.

[steven4064]

Hi Topaz

 

You may have entered an agreement (we all did) but the banks/CC companies cannot make you agree to something that is not lawful. The charges they apply (late paymemnts, etc) are because you have breached the agreement (ie by not paying on time as you agreed to) and, because what they charge you is far in excess of any losses they incur as a result of your breach of agreement, the charges are contract penalties and are unlawful.

 

The common law says that, if someone breaches a contract, the most the injured party can reclaim is a sum equivalent to their actual loss. In the case of bank and creduit card charges this is manifestly not the case.

[Topaz2]

Many thanks Steven that bit of re-assurance really helps. They will obviously hit me with another charge on 30th December so I guess I need to initiate something meanwhile....not sure what though, other than write...I not quite certain what to say though. Any suggestions will be most gratefully received. Your help is really greatly appreciated thanks once again...I feel I'm not so much out on a limb.

[steven4064]

Hi Topaz

 

Read through the basic Q&A and some threads to ge the general idea. There is a tried and tested procedure to claim back all your charges. If you have statements you can jsut send an initial request using the letter in the templates library. If you haven't, you will need to go back one stage and send a SAR to get all the information you need to start your calim.

 

It would be better if you strated your own thread so that we can all help you better. (In case you don't know, you start a new thread by clicking on the button at the bottom fo the forum)

[Topaz2]

Thank you for that Steven...There dosen't seem to be a new thread button on the page that has come up on my screen....I have the note saying errors on page so perhaps thats the reason. I will re-boot it and see if I can get it.

As things stand I not paid em anything in charges yet. So I guess I need to word it as alleged payments owing. They won't close the account untill the amount

[steven4064]

Topaz

 

the button is not at the bottom of the thread but at the bottom of the forum (the screen before).

 

By 'I have not paid tham anything in charges yet', I presume you mean that the charges are all on your credit balance which youhave not yet repaid. I won't go into it ATM, but you have paid them - at least money has been taken from your account (and lent to someone else) and that is the same thing.