rich1971 vs A&L - SETTLED IN FULL

[rich1971]

Just though I'd let you know what's happened so far:

1) Went £25 over my o/d limit
2) Charged £25 for paying a direct debit
3) Charged 25 unauthorised o/d fee
4) Charged 2nd unauthorised o/d fee on day 5 despite not being over my limit as of day 5!

5) I'm now REALLY not happy as I would have let them get away with just the 1st £25...
6) Send initial letter saying it's not fair charging £75 for going £25 over my limit etc.
7) Get standard reply saying these charges as in their terms and conditions and they will not refund
I'm now past not happy and a bit p'd off, search on internet and find this brilliant site via http://www.moneysavingexpert.com - another great site!
9) As I've already sent a polite and friendly letter and got nowhere I sent my version of the standard letter on this site giving them 14 days to refund in full or I'll see you in court - felt a bit uneasy about doing it but as soon as it was sent I felt MUCH better, at least I could kick them in the shins if I couldn't get any higher!
10) Within a week I recieved a proper letter (not a standard one I think) saying they are investigating my complaint, they enclosed a leaflet which basically was stalling for time, so I will stick to the 14 days I gave them in my not so nice letter - it's great to be in control....
11) Waiting for 14 days to be up and i'll fill in my online court form so I might be asking for some advice then

[jonni2bad]

We're watching, honest!

[rich1971]

Got a reply from them this morning saying charges are legal and there has been no consultation between the OFT and the banking industry about current accounts blah blah blah!

Still it reminded me it's time to send complete the moneyclaim form which I've now done - used the following wording:

I have a contract with the Defendant dated
20_05_05, conducted on their standard terms
and conditions. I claim the return of 1 £25
Paid Item and 2 £25 Unauthorised Overdraft
charges applied to account 4xxxxx as they
are a disproportionate penalty and hence
unenforceable as they are contrary to common
law. Further as a disproportionate penalty
they are invalid under the Unfair (Contracts)
Terms Act 1977 s.4 and under the Unfair Terms
in Consumer Contracts Regulations 1999 Para.8
and sch.2.1.e. In the event that the charges
are not a penalty then they are unreasonable
within the meaning of the Supply of Goods and
Services Act 1982 s.15. The Defendant has
failed to justify that these charges are
proportionate and claim that an OFT direction
of the 05_04_06 does not apply which I
dispute. The £75 charges and Court costs are
claimed with interest under section 69 of the
County Courts Act 1984 from 21_04_06 to
23_05_06 @8% APR amounting to £0.54 and at the same rate up to the date of judgment or earlier payment at a daily rate of £0.02


I guess the interest at the end is a bit petty but they'd be doing the same to me!

The character limit is a bit restricting but at least it's done, time to sit back with slightly smug smile on my face now! Even if they do decide to defend it I'll take it all the way as they just annoyed me with their pettyness.

Parachute account now opened and ready following advice! (Thanks Lloyds and their travel insurance is worldwide unlike A and L who now only give European cover with their accounts.....)

[jonni2bad]

Well done. Could I ask you to send a brief summary to BankFodder or Bookwork by PM - so that we can update litigation in progress?

Many thanks

Something like this....

Claim no. 6QZ11111
Claim amount: £xxxx, plus £xxx interest and £xx costs, total £xxxxx
Claim filed online: 23/05/06

[NeilP]

Rich1971

Welcome to the forum (albeit a late welcome ) keep us posted how your case unfolds.

[rich1971]

Hehe....

A few days ago I recieved an Acknowledgement of Service from the court stating that A and L will defend all of the claim, then hey presto this morning I recieved a cheque from A and L for the full amount including interest!

Along with the obligatory "we will be contacting you shortly....as you clearly do not accept the terms and conditions of your account" - but I was almost expecting that anyway!


Thank you so much to this Forum and the people behind it - I know £75 isn't the biggest amount of money in the world but it made me feel really good to get it back!

Needless to say donation on the way.

Good luck to all of you who haven't yet got your money back

[barracad]

Congratulations!!

[caro]

Well done and congratulations. Don't forget the survey as well.

[jonni2bad]

CONGRATULATIONS
This is great news, well done.
Would you please fill out our survey - HERE
(and don't forget we can only survive if we get donations!! cough cough)

[NeilP]

Rich,

Congratulations. Well worth the wait!

[Spiceskull]

Yup - good result.