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Unholy Alliance

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  1. This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  3. The SC would seem to be denying consumers their rights, by deciding in advance what the merits of each case was. If the laws that are created to protect consumers are invalid, or cannot be applied, then this raises questions about the whole nature of the relationship between consumer/citizen and state, English law and European Law. There has got to be room somewhere in that for some decency and common sense to be exercised. Anyway, just because the SC says this matter cant be taken to Europe doesnt mean it is so. After all, 2 previous successful judgements have been overturned (and I still cant fathom out why!) so why cant the SC be overturned? Who are these people, and how are they in a position to decide what is fair? My message to caggers is never say die. Never. Between us and other interested parties I am sure a way can be found to overturn what I believe to be a decision based on political expediency, rather than Law. If Law is the administration of justice, then in this case it has surely failed, and in so doing, I believe has underestimated the possibiliity of real backlash from an already beleagured overtaxed, spied upon and lied to GB public.
  4. If they hadnt already closed my account, I'd have sacked them anyway. Utterly hopeless. We should try to close them down and put them out of their misery - they clearly dont like dealing with people, and they are not very good with our money, are they?
  5. I would not touch them with a bargepole. They are not fit to be in business at all.Then again, depending on who you bank with, I guess the same could be said of all of them. perhaps we should open our own bank...just a thought!
  6. Its harassment, plain and simple. There is a law which protects consumers. Use it. As far as "theft" is concerned, whilst i understand this could, in theory be difficult to establish, I would be more inclined to look at fraud. And if A+L are looking at this, BRING IT ON, I Am more than happy to argue the toss with you. You will lose.
  7. Ditto...and its getting very interesting now...watch this space
  8. Acknowledge their claim, and state that you intend to defend either all or part of it. make it clear that you have offered to pay what you can afford, and draw attention to the unlawful charges.make sure everything is inwriting, and if using post, send recorded.Also, calculate the value of the counterclaim, and be sure youcan back it up. I cant comment on the value of your repayment offer in ratio to the debt, but generally speaking most courts will take a sympathetic view, if it can be shown that you are being genuine. Also, by entering a defence, the hearing should be automatically transferred to your nearest county court. I'd also be inclined to check whether in their approach the bank could be guilty of harassment.Whilst they are entitled to ask back for money that is lawfully owed to them, they still ought to observe common sense....good luck.
  9. I am with you on that! I recognise the points you make on the fraud side, and am happy to work with you or anyone else on the campaign front. But as you say, it is about amassing evidence in the end. in my own situation ( and I guess many others) proving a harassment charge would be more straight forward than fraud, because we already have the evidence to substantiate our complaint. Once the cracks start to appear, I guess its only a matter of time before the rats in the sinking ship start to squeal, if I can put it that way.however, for any campaign to be successful, it needs to be properly considered, managed and executed. Thats why Im not running off at a tangent on this myself, because I recognise the political upheaval of it all. Fraud, as you know, would be a good enough reason for the OFT to suspend the banks Consumer Credit Licence whilst an investigation is carried out. For A+L this would mean a daily loss of profit of some £1.75M.So slowly but surely does it! Thanks for your continued opinions, they are very much appreciated.
  10. Thanks for that Sergeant! I read your earlier thread on this subject, and agree with you. However, persuading the Police or the CPS to do anything is a hard slog (altho I am more than ready to go the whole distance).I have made an official complaint of harassment, and I have an Police Inspector who essentially agrees with my premise that I have a valid cause of complaint. Currently I am asking my MP to look into this matter for me as well, since the CPS view seems to be that this is perfectly OK for banks to behave in the way that they have.(harassment) . I shall look into a second complaint in respect of false accounting/fraud, but since I gave their barrister a good "kicking" in court, and won, it would be difficult for me to show any loss. However, the Judges order was I think, quite interesting. It was ordered that"the defendant (A+L) take no issue on liability save quantum" In other words, the bank accepted that the basis of my court action(unlawful charges, non negotiated unfair contract etc) was correct.In other words, they admit their actions were unlawful- as opposed to settling out of court on a commercial consideration basis. This means, I guess that all their letters since that judgement to any A+L account holder can be seen as harassment ( if they are based on unlawful actions)....time to make the Police aware of the thousands of us that have been abused in this way? Let me know what you think!
  11. I hadnt thought of that bit...I wonder what the moderators might have to say on the subject, or if anyone else out there has had a similar conversation with their trading standards people?
  12. Yes I did. And I won. The court order stated "the defendant takes no issue on liability...." Which means, I guess, that they had to accept that the law on which I based my claim was correct.They were given the opportunity to make their defence, but as they had already admitted that they owed me money in their defence, the point was already made.It also suggests that they must accept that what they did in appling those charges was knowingly unlawful. So dont worry about going to court. If youve done your paperwork properly you wont lose. Good luck!
  13. I was talking to trading standards recently,and they suggested(off record) that it could be possible that the accusation of false accounting could theoretically be levelled at the banks since in all their financial dealings they must be recording unlawful charges as part of either their profit, or money "owed", which obviously doesnt add up since they must have been aware that these charges were illegal. CRIMES ACT 1958 - SECT 83 False accounting I just wondered what other people thought?
  14. So they sent the wrong amount AFTER they knew they had a summons. My advice is check that your claim is valid, in terms of quantum first, (ie all correct charges, correct interest etc, not forgetting cost of summons.) As long as your sums are correct, hold fast-they will crumble. They always do, because they know they wont win. BTW, in their AOS, did they say they intended to defend the ENTIRE claim? Or have they admitted any amount? If they state they are going to defend the entire claim, that can only mean they are disputing the whole amount. Which means they dont believe you have a case. Which means they dont accept the law on which your claim is based. They tried that with me, after I got a ccj and bailiff against them. We went to court. and the DJ ordered that"it is recorded that the defendants take no issue on liability, but that it is a matter of quantum only"-in other words, they accept the basis of my claim, if not the amount. If thats the case, then they will accept liability over their breaches of UTCCR99....which lays open harassment at their door(see battleaxe thread).."Cheque please!";) Good luck!
  15. As I understand it, if the bank continues with an action which it knows, or ought to know construes harassment, then they might well be in breach of this Act.For it to be defined as such, all that is required as evidence is that if someone else in receipt of the same information as you, arrives at the same conclusion, then yes , it is harassment. The interesting thing about this Act is that it is not what the agressor says or thinks that matters, its how we the victim feel about it. I would suggest a look at the law , and see if anybody else feels the same way. the same could be said of any action taken based on a breach of law. So I guess any letter charging a penalty, when the bank knows, or ought to know that this is unlawful could be construed as harassment.....in which case I would imagine that provided one has evidence, this could prove suitable for a prosecution. I would be interested to hear what other people on this site think. Protection from Harassment Act 1997
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