OH v MBNA (Partial refund in 23 days) now FULL REFUND !

[WendyB]

After the world record time of Barclaycard, MBNA come a close second in a time of 23 days (33 if yiu count weekends but let's not be picky lol)

Refund of 156 is to b credited to the account. Thanks muchly MBNA.

BUT here's the dilemma. There letter gives no breakdown of how they arrived at this figure, tger is nointrest mentioned, and they quite clearly state that they have refunded chages down to the £12 guideline set by the OFT. Also states that MBNA do not agree with the OFT's intrpretation of the law, and they will not be refunding any charges after July 2006 (ie the £12 charges)

A quick calculation based on my memory that MBNA charges used to be £18 each, gives the following figures

18 - 12 =6, so a refund of 156 would equate to 26 x 6 being refunded. Therefore, if there were 26 charges, then 26 x 12 would mean potentially another 312 quid to get back. Which wouldmore than clear the balance on the account.

Soooo, I am thinking of writing a letter saying as follows, or something along these lines

Dear Gail Powell

Ta very much, but I want all the charges, not just a refund down to 12 quid each. And if you'd read my letter properly you would know that yes, I am aware of the OFT guidelines, cos I specifically told you not to bother trying this one on. As you have provided no breakdown of how you arrived at the refund figure, then I can only assume that its 26 times 18, so by my reckoning you owe me another 312, so pay up or I'll go to the OFT. If you disagree with my calculations, then please expand by providing me with a detailed breakdown of exactly who's wonky abacus you used to arrive at this figure. Please also add on the interest which would have been added to my account in relation to these charges.

Yours nicely

Wends

If anyone has an email address or the email format for MBNA then can you let me have it please. Don't worry Amy, I'll put it proper in the Queen's English before I send it!

Or, should I just accept what they've offered and forget the rest? But of course, I'm not planning on sending the letter till the refund has been credited onto the account anyway. Thught I might as well have my cake and eat it (what a stupid expression that is!)

[WendyB]

Re: Wends OH v MBNA (Partial refund in 23 days)

Right then, in the cold light of day, have decided to hang on till OH gets his next statement, to confirm that the 156 has been refunded. Then am going to send the following letter. Will take it to FOS if necessary, but can't be doing with filing at court. These are all very old charges (haven't used the card for at least 2 years) so anything we get is a bonus, really.


Dear Ms Powell

Thank you for your letter dated 10 July 2009, the contents of which are noted.

In regard to para 3, I can confirm that I am aware of the guidelines issued in April 2006 in relation to the level of credit card default charges across the industry and did in fact refer to these guidelines in my original letter to yourselves. As you are obviously conversant with the aforementioned guidelines you must also be aware that Para 1.11 states
“The setting of the threshold is a provisional practical measure to move the whole market towards compliance. We are not proposing that default fees should be equivalent to the threshold, and a court will certainly not consider that a default fee is fair just because it is below the threshold.”
Furthermore, following a recent Freedom of Information request to the Office of Fair Trading I was informed that
“Following consultation with eight leading credit card issuers we have concluded that default charges in most credit card contracts across the sector are highly unfair in terms of the UnfairTerms in consumer Contracts Regulations (UTCCRs) and therefore unlikely to be enforceable against consumers”

In light of the above, I am prepared to accept your goodwill payment of £156 which has been credited to my account as a partial settlement only. I note that you have provided no detail as to how this figure was arrived at. Nor is there any mention of refunding any of the associated interest thereon. In the absence of any breakdown of charges, I can only assume that this figure is made up of 26 charges of £18, subsequently reduced to £12, in effect refunding 26 x £6. Therefore I am now requesting that you refund the remainder of the charges, which I calculate to be £312.00. (26 x £12).plus any associated interest.

If you disagree with my calculations, then please provide me with a detailed breakdown of how the figure of £156 was arrived at.

Please be advised that if I do not receive a satisfactory response to this request I will refer this case to the Financial Ombudsman Service for their adjudication.

I look forward to hearing from you shortly.

[Amethyst]

Re: Wends OH v MBNA (Partial refund in 23 days)

Well done wendy, just nicking a bit of your letter to help someone else

Hadnt seen this thread before. Have you heard any more since?

[WendyB]

Re: Wends OH v MBNA (Partial refund in 23 days)

thanks for the nudge Ame. Haven't got round to doing anything else, will print off the letter now and see how far I get with it.

[WendyB]

Re: Wends OH v MBNA (Partial refund in 23 days)

Letter posted yesterday, based on their response to the original request I reckon about mid-September for a reply.

[WendyB]

Re: Wends OH v MBNA (Partial refund in 23 days)

Right then so I sent them the letter above, I've reproduced the relevant bit below, so you can all see what I asked for

various blurb about oft guildelines etc....

In light of the above, I am prepared to accept your goodwill payment of £156 which has been credited to my account as a partial settlement only. I note that you have provided no detail as to how this figure was arrived at. Nor is there any mention of refunding any of the associated interest thereon. In the absence of any breakdown of charges, I can only assume that this figure is made up of 26 charges of £18, subsequently reduced to £12, in effect refunding 26 x £6. Therefore I am now requesting that you refund the remainder of the charges, which I calculate to be £312.00. (26 x £12).plus any associated interest.

If you disagree with my calculations, then please provide me with a detailed breakdown of how the figure of £156 was arrived at.

Please be advised that if I do not receive a satisfactory response to this request I will refer this case to the Financial Ombudsman Service for their adjudication.

I look forward to hearing from you shortly.

soooo, Oh gets a letter this morning.........

various blurb charges agreed to are fair and all that crap.........then, the killer paragraph.....
However, it appears that you disagree with our position and are dissatisfied with the offer that has been made to you. In an effort to maintain our relationhip with you, we would like to resolve the matter to your satisfaction. We have therefore arranged a further goodwill payment of £883.39, to be applied to your account. This os in addition to the previous payment of 156. This means that we have repaid the full amount of the default charges which have been applied to our account over the last six years plus interest. You will appreciate that this does not mean that we accept or agree with your complaint, but I trust that you will find this an acceptable solution.
Please note that a cheque for your credit balance will be sent to you within ten working days

as the balance on the card is about 250, this means that we should be getting a cheque for over 600 quid!!!!! What a result!!

Just goes to show, if you don't ask, you don't get.


Total cost to MBNA 1039.89
Total cost to me 72p

[Amethyst]

Re: Wends OH v MBNA (Partial refund in 23 days)

Lovely Wendy xxx Good work, well done xxxxx

[enaid]

Re: Wends OH v MBNA (Partial refund in 23 days)

Well done Wendy, as for "If you don't ask, you don't get"
I really don't think you so much as asked them as told them PMSL xx

[WendyB]

Re: Wends OH v MBNA (Partial refund in 23 days)

Well done Wendy, as for "If you don't ask, you don't get"
I really don't think you so much as asked them as told them PMSL xx

couldn't have put it better myself lol. Being a stroppy mare certainly has it's advantages:beagle:

[shas]

Re: OH v MBNA (Partial refund in 23 days) now FULL REFUND !

Congrats Wendy x

[Tools]

Re: OH v MBNA (Partial refund in 23 days) now FULL REFUND !

Well done Wendy, I bet you are glad you tried now?

[WendyB]

Re: OH v MBNA (Partial refund in 23 days) now FULL REFUND !

Sure am. got the idea from your Barclaycard thread - thanks xx

[Mochamoo]

Re: OH v MBNA (Partial refund in 23 days) now FULL REFUND !

Excellent, I like news like this xxxx

[WendyB]

Re: OH v MBNA (Partial refund in 23 days) now FULL REFUND !

Well after waiting for the cheque to appear (it didn't) OH phoned MBNA last Friday, armed with his statement chowing as being in credit by £652.08. To be told that it was a mistake, and they don't send cheques out. However they would credit it to his bank account by Friday of this week. Just checked online and there it is!!! So that means it's the 1st of the month, our direct debits have nearly all gone through already and we are still in credit! It's hardly ever been known lol. Although the 174 worth of charges that Natwest have applied hasn't helped much grrrrr. At least the MBNA dosh has paid those, so all in all not a bad day today.

[Tools]

Re: OH v MBNA (Partial refund in 23 days) now FULL REFUND !

Excellent Wendy, just goes to show how much difference just one letter can make to your whole financial situation. Because, as you say, you are now in credit for the first time, this may even cease any snowball effect that may have been created( barring the OD charges applied). How big a weight feels to be lifted?