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Lee v MBNA

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  • Lee v MBNA

    Hello everybody,
    I've been tackling MBNA since 25th March when i sent SAR off, since then, they missed the 40 day deadline so i sent Letter Before Action for the SAR request, giving them a further 7 days to respond. I received a letter signed by Rachel Claridge (assistant vice president) with a complete list of my transactions,

    It tells me that when customers pay late, we(MBNA) incur substantial costs in dealing with their default, they also set credit limits carefully for each customer and for good reason, etc etc,

    also Their view is that the charges that i agreed to are valid, fair, and reasonable, and Prior to July 2006, term 3b of my credit agreement ( which they havent supplied me with, more on that in a bit) clearly stated that i must pay £25 if i pay late or i exceed my credit limit.
    However they do value my custom, and with statements they offered a goodwill payment of £320, to credited to my account.

    Also that MBNA disagrees with the OFT's interpretation of the law, and continues to maintain that its fees are transparent fair and legal.

    On 7th May i sent off for my CCA request with my £1.00 fee, giving them 12 working days to respond, as yet no reply ???????

    14th May i sent my prelim letter for repayment of charges £848 and also 22.4% interest on those charges £319 ( I hope i'm right in thinking they have charged me that on the charges, so i am claiming it back ) PLEASE ADVISE

    Also on the 14th May i sent them a letter saying i accept their offer, but , only as part payment and that i will continue my claim against them for the full amount.

    I received a letter from them 17th May, saying thank you for my recent equiry, my letter has been passed on to the appropriate area to respond and they wiil provide me with a full responce by 23rd May, ( NO RESPONCE now 28th May ) and not quite sure which enquiry its for??

    So next step is LBA which is going to be sent this week


    All input to my claim will be much appreciated and all advice taken onboard

    Many thanks in advance and apologies in advance for all silly questions asked

    Lee

  • #2
    Originally posted by Deller
    Well you seem to have everything in good order so far Lee, but should any queries or problems arise just SHOUT...!!!

    Thanks Deller, things going ok at the moment, nothing i havent expected anyway,just wondered about the 22.4% interest if they have charged me that on my charges then, my interpretation is that i'm entitled to claim it back, am i right or just being greedy??

    Lee

    Comment


    • #3
      Hi Lee,

      how did you arrive at the figure of £319 interest on charges?

      to use a dummy example -

      this month -
      you owe £2000 on your card
      the charges you are reclaiming to date total £500
      they have charged you £30 interest

      you will be able to claim back interest for this month of £7.50

      That is because a 1/4 of what you owe them is made up of charges and therefore a 1/4 of the interest is reclaimable.

      You would probably need to use a spreadsheet to do these calculations for you because each month your charges figure and the balance on your card would change, so the proportion never stays the same.

      If your charges were ever more than the balance owed on your card you would be able to reclaim all the interest they are charging you.


      hope that helps

      Comment


      • #4
        Hi Lioness, what i did was, i usd a spreadsheet entered all the charges and dates etc, and set the interest at 22.4% because that is the annual rate MBNA are charging me, i take it that is not right, if not it can ammended when i send LBA,

        I am away now until friday so i will get back to you then

        Many thanks for your help

        Lee

        Comment


        • #5
          yeah that wouldn't be right lee - this part of the claim is the interest they've taken already - not interest you're adding on top of your claim like the 8% Statutory Interest.

          you need to enter the £ interest they actually charged you rather than the %, and then let the spreadsheet work out how much is attributable to the charges. you can amend the figures for your LBA.

          Comment


          • #6
            :o oh slight embarrassment:o
            No worries, thanks
            i shall go though my statements, ignore the retail interest, and go though the other interest, and then ammend LBA and schedule of chagres.

            Thanks again Lioness

            Comment

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