MBNA and claim past 6 years

[Mrs mum]

Hi all, your views on this are very muchly welcome.

Earlier this year I decided that enough was enough and after reading several things I decided to claim from MBNA, now I calculated the charges over a period of 6 years added on 8%, sent them a letter, they returned with a small goodwill payment, which I said thanks but no thanks you haven't refunded what I asked for and they then duly sent another payment which covered the whole entire part of my claim.
Now, whilst in the process of digging up more information I have recovered a stack of old statements pre 2004 ones and guess what? Yes late payment charges.
Now, I am left in a bit of a quandry,
Could I put ink on paper and file another claim for the charges which are pre 2004?
I know this would probaly end up going the court route because of the age of them, and when I get there I wouldn't want to be laughed at and not taken seriously and waste my time and money continuing with the claim.
What shall I do?

[Amethyst]

Re: MBNA and claim past 6 years

It really depends how much its worth to you.

When you accepted the settlement on the six years worth did you sign to close off any future claims ? (not that it holds much water in court but still a potential stumbling block)

You'd have to prove the charges were paid under a mistake to get through the limitations act although I dont think MBNA would take it to court as they still havent allowed any cc charges cases to go into court, which could be interesting as it woulnt only be limitations that would have to be decided on, as they cant decide on limitations without considering the charges, if you see what I mean.

[Mrs mum]

Re: MBNA and claim past 6 years

I haven't signed anything at all.
In their letter to me it states about my complaint, my complaint was about the charges I had incurred since 2004.
So, I think it may be worthwhile filing another complaint which is for charges dating prior to 2004.
Then, wait for the response, I suppose.

[Mrs mum]

Re: MBNA and claim past 6 years

Posted today, update to come 14 + 2 days...

[Mrs mum]

Re: MBNA and claim past 6 years

Well, they replied with a hand written compliments slip, saying we replied in ..2010 that was our final statement, so I'll send and lba and see what comes next

[pompeyfaith]

Re: MBNA and claim past 6 years

i would send them copies of the statements as proof because knowing mbna the likelyhood of them having a record of said charges is remote

[WendyB]

Re: MBNA and claim past 6 years

You never know, they may cave in and pay up, but I honestly doubt it. As mentioned previously they will probably quote statute of limitations etc. And whilst I agree with Amethyst that they probably wouldn't want it to go to court, as it would be Limitations they were arguing they might just let it go that far, knowing that you will know that if it goes all the way you would have to stand up in court and know your stuff re limitations, and argue your case, if you see what I mean. Because once you have filed at Court, if you do, then you need to be prepared to see it through. Or, at least, make them think you are prepared to see it through, which is a different matter entirely,but nonetheless a bit of a dangerous strategy, just in case they call your bluff and take it all the way.

As Pompey suggests, send them copies of statements with your LBA so they know you have proof of the charges. I got all my charges back from them with only a couple of letters and found they caved in very easily, however all of them were within 6 years so limitations didn't enter into it. Nothing ventured, nothing gained though! Send the LBA and copy statements then take it from there.

[Mrs mum]

Re: MBNA and claim past 6 years

Never really considered copying the statements, I will have to do that later in the week now.

I am actually prepared to take it all of the way, so I will see how it goes with the lba and copy statements.

[pompeyfaith]

Re: MBNA and claim past 6 years

i think it is fair to say if the charges from 04 to 10 where considered unfair and were subsiquently refunded then it stands to reason any charges pre those dates must be so too

[Mrs mum]

Re: MBNA and claim past 6 years

I agree - in principle my original claim from earlier on was for charges dating within the 6yr period - however my claim now is pre the 6 year period - Staute of limitations is regarding debt that has not been aknowledged in the 6 year period, my debt still withstands and therefore the charges are still recoverable.
Part of the debt is thier unfair charges! or mostly all when you account for contractual interest.
14 +2 days lets see what happens.

[Angry Cat]

Re: MBNA and claim past 6 years

[Quote] by WendyB:
As Pompey suggests, send them copies of statements with your LBA so they know you have proof of the charges [Quote]

Rest assured that MBNA/BoA, have all details relating to your account transactions;
they are obligated to retain same under the, Money Laundering Regs.

[WendyB]

Re: MBNA and claim past 6 years

[QUOTE=Angry Cat;171203][Quote] by WendyB:
As Pompey suggests, send them copies of statements with your LBA so they know you have proof of the charges

Rest assured that MBNA/BoA, have all details relating to your account transactions;
they are obligated to retain same under the, Money Laundering Regs.

Yes but just in case they don't admit it

[Angry Cat]

Re: MBNA and claim past 6 years

[quote=WendyB;171207][quote=Angry Cat;171203]

by WendyB:
As Pompey suggests, send them copies of statements with your LBA so they know you have proof of the charges

Yes but just in case they don't admit it

MBNA/BoA!
AC, rolls eyes and shakes head...

[paulb2905]

Re: MBNA and claim past 6 years

Is the account still open with MBNA? I think you will find (but i may be wrong here) that the Statute of Limitations doesnt have any effect to accounts still running.

[Mrs mum]

Re: MBNA and claim past 6 years

Just to let you all know, that after a bit of a delay ( my fault), the claim is still continuing however, still in the royal mail exchange of letters stage.
As the account was defaulted and we have now requested original CA, repayment is now on hold - Experto words , until original CA is provided.