Mbna credit card

[sharron22]

2005 I had a mbna credit card, which was just under a £1000, a payment day was due over theChristmass period, so I sent it, but because they have a 10 day clearance period or some rubbish like that, it made the payment late so they kept adding £35 late payment charges it took my bill above the limit with all their charges. I gave up these people were getting me deeper in debt, so anyhow I stopped paying them I merely could not afford what they were keep adding eventually the debt went onto my credit file which fell last year so it doesn't show any more.so I need some advice on this!! I'm thinking of re-clawing the unfair charges back which probably amount to a fair bit. should I let sleeping dogs lie. or go for it, your advice would be greatly appreciated

[Diana M]

Re: Mbna credit card

I would let sleeping dogs lie until you've researched the debt's current legal status.

Who now owns the debt (presuming it to have been sold on)?

When did you last hear anything from the current owner?

When did you last make a payment or acknowledge the debt?

Have you any idea what the current balance is likely to be?

It seems your mission is to claim back any unfair charges but did you also have PPI on this account?

If MBNA have sold the debt then you can safely send a Subject Access Request to them to get the history of the account. But I wouldn't do that until you've answered the above questions first.

Di

[sharron22]

Re: Mbna credit card

it's been about 9/10 years now.since Iv heard anything from anyone. I have no idea who owns it! I think the last payment was made around 2007/08 last balance I can remember was about 1,2500 mark it's all unclear now

[Diana M]

Re: Mbna credit card

it's been about 9/10 years now.since Iv heard anything from anyone. I have no idea who owns it! I think the last payment was made around 2007/08

Have you moved house since then? Just checking they haven't been writing to an old address.

If the debt has been sold then any successful reclaim from the original creditor ought to be paid direct to you, not offset against the balance outstanding.

Di

[sharron22]

Re: Mbna credit card

Have you moved house since then? Just checking they haven't been writing to an old address.

If the debt has been sold then any successful reclaim from the original creditor ought to be paid direct to you, not offset against the balance outstanding.

Di

no Iv been at this address for 11 years now

[sharron22]

Re: Mbna credit card

sorry missed one of your questions, I have no idea about ppi on the card either

[sharron22]

Re: Mbna credit card

I found some old statements so my credit limit was £1000 last know payment looked as though it was May 09. the balance was 1,339.01 I have been charged late default charge £12. over limit default charge £12 and interest charges £ 22.19 all in a month

[charitynjw]

Re: Mbna credit card

Hi

Have you acknowledged the debt in writing since May '09?
Or were there any debt management plans (or similar)?

[sharron22]

Re: Mbna credit card

no debt management plans, I never got in touch at all throughout the life of the credit card, no acknowledgement of the debt, it was put on my credit file as a default and then just came off last year

[sloane82]

Re: Mbna credit card

Ok you would have had ppi on your credit card, so check this by getting a subject access request, if so get that back. it is unlawful to put £35 late payment charges as it is excessive and therefore a penalty charge, under the unfair terms of consumer contract regulations 1999, the bank cannot make a penalty charge. As you were in financial difficulty you could not make payments. As they have put further charges on this is unfair check out the Oliver Foster Burnell case Lloyds Bank Vs Oliver Foster Burnell case 2011, Howlett Clarke Solicitors helped him. Win the case as he had unfair charges, any question feel free to ask.

- - - Updated - - -

Can you put up all the paperwork regarding this please.

[Amethyst]

Re: Mbna credit card

no debt management plans, I never got in touch at all throughout the life of the credit card, no acknowledgement of the debt, it was put on my credit file as a default and then just came off last year

If it has come off of your credit file and defaulted in 2009, and you had no contact between times, then it is likely that the debt is statute barred ( s.5 Limitation Act 1980). If they are chasing you then you should respond and tell them the debt is Statute Barred - otherwise I would leave it well alone.

[sloane82]

Re: Mbna credit card

I would look into if you had been mis-sold ppi write the company a letter, and get your sar subject access request. That would be good to get back plus all your charges.