Ash 95 v A&L ***WON! WON! WON!!!!***

ash95 · 15th July 2006, 08:52

Has anyone requested charges under the Data Protection Act and received a whole list of what look like copy statements? how can i tell if they have defaulted me on my credit record from this? can anyone help?

caro · 16th July 2006, 01:46

You can't tell from this if they have defaulted you. You need to check with the credit reference agencies to see if there is anything on your file. If you look in the forum libraries you will find the addresses. Make sure you are fully familiar with the FAQ's and step by step instructions before you go further. It takes a few days to take it all in.

ash95 · 16th July 2006, 08:54

Thanks very much. This sort of thing is all very new to me. I will check the agencies first. Cheers.

ash95 · 22nd July 2006, 09:22

Hi all,
Just got my LBA ready to send off today. It doesn't look as though I have been defaulted by A&L. I was confused how to work out what overdraft interest i was charged purely on the charge ammounts alone but I have it at £15.69 on charges of £1188 over the last six years. If i'm still not sure how i got to this figure should I leave it out even though I put it in my prelim letter? Or should I just stick with it??? Dont want to mess things up too much.

ash95 · 8th August 2006, 18:51

Hi, can anyone give advice? I received a letter today offering £100.00 (less than 10% of my claim) as full and final settlement. I have read the guidance notes but was wondering wether to write back first saying I would accept it as a partial settlement of the full ammount and see what they say. I am very nervous about all this legal stuff. Or do you think their answer will be the same? Is it worth a try or will I be wasting my time? Not sure how to word it either. Has anyone else had this type of offer?

ash95 · 8th August 2006, 19:39

Thanks very much. I will get something drawn up tomorrow and send it off. I will let you know what happens in a week!!! I may actually be able to sleep tonight now!!!

stimeforchange · 16th August 2006, 18:14

Sent Data Protection Act, statements received today.Is the preliminary letter the next step, and how do I work out interest on charges (1112.50 over 2.5 years).Is interest included as part of claim at this stage? Help appreciated-want to send asap. Ta.

caro · 17th August 2006, 13:49

Quote:

Originally Posted by stimeforchange

Sent Data Protection Act, statements received today.Is the preliminary letter the next step, and how do I work out interest on charges (1112.50 over 2.5 years).Is interest included as part of claim at this stage? Help appreciated-want to send asap. Ta.

Please read the FAQ's and step by step instructions for the answers to these questions, and use your own thread (I have merged the 2 you had) for your own questions that are not answered elsewhere in the forum.

ash95 · 26th August 2006, 10:22

Hi there,

Had my £100 credited with a letter saying 'thankyou for accepting our offer' and 'we are pleased you accepted' etc etc. Wrote back on 18th Aug saying that i have not accepted as final settlement etc nad gave them another further seven days. Yesterday received the standard 28 day relpy..again.. will file moneyclaim on Tuesday. Do I need to start preparing all the court stuff now? I'm not sure how to start putting everything together and this interest thing is still confusing me. I have filled in the spreadsheet for ms works but am not sure which figures to include???? Can anyone guide me on this please?

caro · 27th August 2006, 14:00

Go back to the FAQ's, step by step instructions and bank templates library and all the information you need is there.

ash95 · 7th September 2006, 19:20

Hi, Just have a couple of questions... I have been away and received a reply from A&L saying the £100 was as far as they were concerned final settlement despite my letters. I have got the figures from the simple spreadsheet but A&L have not had a copy yet.
I just sent back copies of statements when i did my prelim letter. As i have been away does it matter that i have not yet filed my moneyclaim? Should i send A&L a copy spreadsheet and also i didnt ask them for a breakdown of the administration of a charge (ie. £34.00). Should i do this now before i go to moneyclaim?

I think I am getting close now and just need to clarify these.
Ta very much.

ash95 · 7th September 2006, 22:23

Hello again!

Sory but i just remembered one more question. has anyone ever heard of claiming for personal/administration time sorting all these robbing banks out? i think i read somewhere that you can claim a 'reasonable' ammount of time upto about £9.50 per hour. I cant find anything now and wondered if anyone has included it in a claim???

caro · 8th September 2006, 16:40

You cannot claim administration time for this. Small claims are just to claim for financial loss.

tamadus · 8th September 2006, 18:19

Quote:

Originally Posted by ash95

Hi, Just have a couple of questions... I have been away and received a reply from A&L saying the £100 was as far as they were concerned final settlement despite my letters. I have got the figures from the simple spreadsheet but A&L have not had a copy yet.
I just sent back copies of statements when i did my prelim letter. As i have been away does it matter that i have not yet filed my moneyclaim? Should i send A&L a copy spreadsheet and also i didnt ask them for a breakdown of the administration of a charge (ie. £34.00). Should i do this now before i go to moneyclaim?

I think I am getting close now and just need to clarify these.
Ta very much.

Ignore them as they are ignoring you. You clearly stipulated in your letter that it was NOT full and final settlement and that you would persue the balance so go ahead and persue the balance. This entire proceedure has come about because they chose to make UNLAWFUL charges. Nothing gives them the right at this stage to dictate terms and conditions that got them into this mess in the first place. YOU are now dictating the terms and conditions and the law is on your side, so go ahead and dictate

ash95 · 9th September 2006, 08:02

Caro and Tamadus,

Thanks very much. I am starting MCOL today and I hope to have it finished and wrapped up today. I will kepp you posted on the outcome and keep reading the posts on your website which has been fantastically helpful. As far as the breakdown of the £34.00 goes that I should have requested from A&L, should I not put in the claim the part that says 'You have repeatedly asked the bank to justify their charges but they have declined to do so', or still put it in????

oh, and do I put on the claim about the £100 reveived in PART payment or just knock it off the total claimed?

ta very much.

caro · 9th September 2006, 11:33

Just knock it off the total. Your court claim must be accurate, so make sure that you do not include anything that is incorrect. If the bank dispute this in their defence you might have a problem.

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