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Alliance & Leicester Meet other A&L Bank customers who have also been faced with excessive unfair bank charges. They FSA see A&L as one of the weak links in the present bank liquidity crisis. Is it you or the A&L which is spending beyond their means?

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Old 6th May 2009, 22:09   #1 (permalink)
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Default Esile Vs A & L

Hi

I requested a CCA from A & L on 190309.

I have had plenty of phone calls and one letter requesting payment but no mention of my request.

today I received this TC Alliance and L pictures by cupcake62 - Photobucket

Should I be sending them this?

ACCOUNT IN DISPUTE

Date:

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I am in receipt of your letter dated XXXXX

This account is in dispute with **original creditor/DCA** and has been since DATE .
Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My previous dispute from **DATE** has NOT been answered.

As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreementrequest and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.

Yours faithfully

or this?
ACCOUNT IN DISPUTE

Your Reference:
Client reference:


Dear Sir or Madam,

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***
DCA*** and has been since ***Date***
Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998


As ***
DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to ***
DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

If ***
DCA***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

Yours faithfully


Or is there something else I should send them? I'm not too sure is RMA part of A & L ? Or are they an independent DCA?

Thanks for everyones advice.

Esile
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Old 7th May 2009, 00:29   #2 (permalink)
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Default Re: Esile Vs A & L

Either of them, no doubt they'll ignore it. If they continue to pursue make a complaint to the OFT.
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Old 7th May 2009, 09:04   #3 (permalink)
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Default Re: Esile Vs A & L

Cheers Cerberusalert!

I'll do that.

Esile
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Old 2nd July 2009, 15:41   #4 (permalink)
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Default Re: cupcake68 Vs A & L

Hi

I have received this from A & L TC A AND L CCA rec 150609 pictures by cupcake62 - Photobucket

Slightly confusing!

The letter is from Alliance and Leicester but it says they have not been able to send a copy of my original agreement and that they have requested a copy of it and should Alliance and Leicester be able to provide them with a copy, they will forward it to me.

I could understand this if it was written on a MBNA letterhead but from A & L ??
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Old 13th November 2009, 18:22   #5 (permalink)
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Default Re: cupcake68 Vs A & L

Hi Guys

I have received this DN. TC A and L DN 131109 pictures by cupcake62 - Photobucket

I'm thinking the dates are wrong as they haven't given me enough time but can anyone tell me if there is anything else wrong with it?

Thank you

Cupcake
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Old 13th November 2009, 23:22   #6 (permalink)
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Default Re: cupcake68 Vs A & L

cupcake68, those details are NOT from Alliance & Leicester, they are from MBNA. MBNA does NOT have your original CCA, that is why they have not sent it, not because they are exempt from doing so. If they had it, they wouldn't have asked A&L for a copy. If you write directly to A&L requesting this, they will NOT be able to provide you with it either. A copy of terms and conditions does NOT constitute a true copy of your CCA and a copy of the most recent T&C's most certainly does not. I know because I requested a CCA and got exactly the same reply.

MBNA will now sell your "debt", whether in dispute or not (and if it is, they are selling it illegally) most likely to Capquest. You will receive no notice of assignment and Capquest will begin a campaign of threats and intimidation, ringing you several times a day and sending you letters at least weekly, ultimately resulting in a seriously flawed and illegal Statutory Demand and threats of bankruptcy. I know because its happening to me.

DO NOT give in to these bullying tactics. DO NOT contact them. DO NOT confirm your identity if they contact you. DO NOT make any agreements to pay. They WILL NOT send anything by recorded or special delivery and so will have no proof of any letters being delivered to you. And they WILL NOT follow through with bankruptcy threats.

DO claim all your charges and penalties back. If they send you a Statutory Demand, get it set aside and claim your costs back. DO write to the Office Of Fair Trading (OFT) and make it aware of both MBNA's and Capquest's practices. Report them to your local Trading Standards.

The power is in your hands, not theirs. They know it and are running scared. Keep the faith!
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Old 13th November 2009, 23:27   #7 (permalink)
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Default Re: cupcake68 Vs A & L

Cheers Mickrick!

I am still learning and tring o have a list of flaws in my DN (rather than just relying on the dates issue)

Unfortunately I'm not sure what else they have done wrong!

Cupcake
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Old 15th November 2009, 00:52   #8 (permalink)
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Default Re: cupcake68 Vs A & L

Any other advice on the DN posted earlier?
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Old 16th November 2009, 10:46   #9 (permalink)
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Default Re: cupcake68 Vs A & L

The DN would be defective due to the postage service used.

The DN also refers to paragraph 8 of an agreement - I'm sure that the Terms and Conditions that Alliance & Leicester used would be totally different to those that MBNA used for CCA's.
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Old 16th November 2009, 14:31   #10 (permalink)
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Default Re: cupcake68 Vs A & L

Cheers SS!

See, there is so much still for me to learn!

Cupcake
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Old 16th November 2009, 17:08   #11 (permalink)
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Default Re: cupcake68 Vs A & L

Quote:
Originally Posted by cupcake68 View Post
Cheers SS!

See, there is so much still for me to learn!

Cupcake
..............and for me too.
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