MBNA charges

[cymruambyth]

I am trying to reclaim old charges from MBNA. This is an s A&L account that I am paying off at £25 pcm, though interest is usually half of it. I have sent a SAR and they were only able to send data from 2004; the account that was closed had information going back to mid 1990s!
They have just informed me that due to Statute of Limitations anything beyond 6 years cannot be reclaimed.

The SAR arrived in August and his account was settled in 2004, I think.

I am right that it is 6 years from when you become aware of he charges?

They have Los sent IMO on complaining to FOS.

[di30]

Re: MBNA charges

I am trying to reclaim old charges from MBNA. This is an s A&L account that I am paying off at £25 pcm, though interest is usually half of it. I have sent a SAR and they were only able to send data from 2004; the account that was closed had information going back to mid 1990s!
They have just informed me that due to Statute of Limitations anything beyond 6 years cannot be reclaimed.

The SAR arrived in August and his account was settled in 2004, I think.

I am right that it is 6 years from when you become aware of he charges?

They have Los sent IMO on complaining to FOS.

I believe you are correct, will see if i can find info on this just to be sure, but yes I do believe you are right.

[ken100464]

Re: MBNA charges

Agree with Di on this one.

I tried with MBNA this summer for charges. Got a big fat ziltch from them.

They trotted out the nothing beyond 6 years and nothing below £12 or less and if we didnt like it we knew what we should do.

Letter was almost a bring it on if you think your hard enuf type of letter

Something we considered until we read a thread on another forum where a punter had taken MBNA to court for charges they defended and now the punter thinking originally he had a sure fire re-claim in the bag now has a costs order against him.

I am therefore reading up about court and weighing the options up. I am all for reducing our debts. But I am not for taking a substantial risk of increasing them

Hope you have more success than we have so far

[di30]

Re: MBNA charges

time limits

there are time limits for consumers making a complaint - when is a complaint “out of time”?

The complaints-handling rules set time limits for consumers to refer complaints to the ombudsman. After these time limits have expired, the business can choose to object to the ombudsman looking at the complaint on the grounds that it is “time-barred”.
Generally, these time limits are:

• six months from the business sending the consumer a final response (which has to mention the six-month time limit); and
• six years from the event the consumer is complaining about (or – if later – three years from when the consumer knew, or could reasonably have known, they had cause to complain).

Special rules on time limits apply to mortgage endowment complaints.
Under the rules, we have the discretion to look at complaints that fall outside these time limits in “exceptional circumstances”. An example of this might be if the consumer was incapacitated during the period when they could have complained.

We can also look at a complaint that falls outside these limits where the business does not object to our doing so. Some businesses are happy for the ombudsman to consider all complaints made against them, even if the consumer has missed the official time limits.

But if a business wants to object to the ombudsman considering a complaint – because it believes the time limits have already expired – the business must let us know as soon as possible. Generally, if a business wants to raise any issues relating to time limits, it should do so in its final response letter to the consumer.

For the purposes of applying time limits, the date a complaint is referred to the Financial Ombudsman Service is taken as the date the consumer contacts us and indicates that they want the ombudsman to consider the matter – as long as their complaint is at the stage where we can consider it.

This is when the business has already issued a final response letter or has had at least eight weeks to consider the complaint. Our complaint form may be submitted at a later date.

http://www.financial-ombudsman.org.u...volved_a7.html

[di30]

Re: MBNA charges

In regards of the above, I would send them a copy..........maybe to their CEO.

[ken100464]

Re: MBNA charges

Di

So from the above FOS should look at claims more than 6 years old if they are with 3 years of discovery by the consumer? (But if you have a final response from the creditor make sure it is in within 6 months of said final response)

I was under the impression FOS just were not interested in charges at all??

How very interesting that is if you can confirm that

Ken

[di30]

Re: MBNA charges

Di

So from the above FOS should look at claims more than 6 years old if they are with 3 years of discovery by the consumer? (But if you have a final response from the creditor make sure it is in within 6 months of said final response)

I was under the impression FOS just were not interested in charges at all??

How very interesting that is if you can confirm that

Ken

Hi Ken

In regards of the complaining to the FOS, there is a 6 month timescale as from the date of the final letter, however if this could not be done in that time, maybe due to personal circumstances, illness etc, they will still consider taking it on after the 6 months.

And the FOS did uphold a case of mine that was taken out in 2001, it was a credit card, and if regulated, which then the bank was GISC at that time before moving to FSA as from 14 Jan 2005, they can take the case on.

It appears that we can still complain about bank charges, and they will consider the circumstances, for example, if the charges caused a debt that could have been avoided, they can look into these matters, and under a hardship criteria.

Will do further research as I go along.

[ken100464]

Re: MBNA charges

My interest in this is purely down to some bigger charges pre 2006 which I had maybe incorrectly decided had now slipped under the net.

Although miffed they still have them wasnt so sure I was willing to go to court with the risks of that.

Without these pre 2006 bigger charges then the claim starts to look somewhat sad and these are the post £12 charges which FOS certainly dont seem to be interested in.

Think I will be looking into this again.

[di30]

Re: MBNA charges

My interest in this is purely down to some bigger charges pre 2006 which I had maybe incorrectly decided had now slipped under the net.

Although miffed they still have them wasnt so sure I was willing to go to court with the risks of that.

Without these pre 2006 bigger charges then the claim starts to look somewhat sad and these are the post £12 charges which FOS certainly dont seem to be interested in.

Think I will be looking into this again.

Do give it another go if you feel up to it.

I have as well made a complaint about the packaged bank accounts as well, as it seem the FOS will favour this, and they can be classed as mis sold, just like PPI if not all products on the package were suited to you, as on the bank account thread

[oscar]

Re: MBNA charges

The problem you will have isa the statements. While the above is correct relating to claiming charges, DPA states MBNA only have to hold information for 6 years - and they have become pretty adept at destroying it. Afterall, its only a few DVDS each month that need to be erased.

However, if you have proof of the charges, then all that changes!

[cymruambyth]

Re: MBNA charges

They have sent ALL the statements for the account!

[Never-In-Doubt]

Re: MBNA charges

They have sent ALL the statements for the account!

Excellent, then go do your sums

[cymruambyth]

Re: MBNA charges

Right I got my first post mixed up
I have had 2 MBNA cards, one is ongoing A&L that they have failed to provide documents for before 2004.
The second was settled in 2004. I have received a SAR with all the statements from the second, settled account which showed charges. I followed up with this letter:

I am writing to request that you repay all the late payment fees and/or over limit fees that have been applied to my account as I do not believe the charges reflect the true cost to MBNA and are unfair and disproportionate. I am therefore requesting a refund based on the Unfair Terms in Consumer Contracts Regulations 1999. I am aware that this account has been closed; however the regulations state that claims can be made up to six years after one becomes aware of the charges. I received details of the data held on me in a letter dated xx August 2012.

This is supported by the Office of Fair Trading’s April 2006 statement into credit card charges, which noted that the level of charges at the time, and prior to that period, were unfair

The charges total £xxx.00, plus as I believe I have been unlawfully deprived of the money I have calculated £xxx.xx interest at the statutory rate (8%), the amount the court would award in such a case.

I therefore ask that you repay me the full amount of £xxx.xx. I have attached a full schedule of the charges and interest with this letter and look forward to a full response within 14 days.

If I do not receive a satisfactory response within this time frame then I intend to pursue my complaint with the Financial Ombudsman Service or small claims court at the earliest opportunity.

They have replied that statute of limitations says 6 years so tough!

Looking for my next action.....

[oscar]

Re: MBNA charges

Misrepresentation Act 1967? - overides Statute Limitations I believe.

[cymruambyth]

Re: MBNA charges

Ken, my complaint is for CC charges which are still being dealt with.