Thread: BoroBrindo Vs Alliance & Leicester

Hi, im new to this forum and this is my first post. I recently got my 6 years worth of statements and and added up the total I was owed which was £2200 including 8% interest, I then posted Alliance & Leicester a letter saying I would like this money back. They then replied with this letter:

"Dear Mr Brindley

Thank you for contacting us regarding fees which you feel were unfairly debited to your account.

While I understand your concerns, please be assured our fees are reasonable and competitive with those made by other financial organisations.

The Office of Fair Trading (OFT) has commented that they consider the level of late payment fees to be unfair, however, they were actually referring to late payment fees for credit card payments, which are quite distinct from a bank’s fees on current accounts.

Discussions are ongoing between the banks and the OFT regarding current accounts an& once tha outcome is known-, Alliance & Leicester will review its position as appropriate.

As well as making our customers aware of our fees when opening accounts, we also continue to do so through our website, our branches, by telephone and on the back of statements. In view of this, I do not feel that you have been unfairly charged and regret that I cannot agree to refund your fees.

I enclose a copy of our complaints leaflet which explains the steps we take to deal with complaints and what to do if you are unhappy with any aspect of our response. If you have any further enquiries regarding your account, our Customer Service telephone number is shown above.

Yours sincerely

W COMER

Customer Services"

I then sent them a second letter saying I would settle out of court for £2000 and today I recieved this:

"Dear Mr Brindley

Thank you for taking the time to contact us to highlight your concerns.

We are currently looking into the issue you have raised and will let you have our response as soon as possible.

Alliance & Leicester is committed to resolving complaints as fairly as possible and our leaflet explains the actions we will take.

In the meantime, if you feel the need to discuss this matter further please contact us on 08459
26 26 26.

Yours sincerely

John Gibbons
Customer Services"

Im not sure what to do now, should I wait a week and then take them to court via www.moneyclaim.gov.uk or just do it now? I got my letter templates from Bank Charges: Reclaim them, they're unlawful, get up to six years' money back... as I only found this forum after I had sent my first letter

Any help or advice is appreciated.

Thanks

Chris

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Ive decided I'm going to wait 7 days from the date they wrote their letter which will be Tuesday 3rd July. I'm expecting a cheeky cheque for £500 which I will be sending right back!

I'll keep you posted on developments but I'm not holding my breath.

I just called them and was told they couldnt help me and that there was no direct number to talk to the department that deals with this sort of thing, instead they told me to wait for correspondence through the post, I kindly reminded them that I had set Wednesday 4th July as the deadline and therefore I expect a reply by then but I will give them until Friday because of the delays caused by the postal strike. Why oh why do they drag their feet when time after time they end up loosing in court!

Well I finally got my reply and it was worse than I expected, I asked for £2000 and they offered £383! How frustrating! Anyway this is the exact letter:

"Dear Mr Brindley

Thank you for your enquiry requesting that we refund the fees you have paid on your current account. These fees form part of the Terms & Conditions of your account and were generated because payments were presented for payment, for example, cheques or Direct Debits, when there were insufficient funds available.

As you may be aware the Office of Fair Trading ("OFT") is currently reviewing the issue of current account charges. It is our understanding that they have suggested that there may be some similarities between the default charges on credit cards and similar charges applied to current accounts, however, it recognises that the application of the general principles set out in 2006 to the banking industry is not straight forward and that a more detailed examination is needed in relation to bank charges.
Default charges may apply to current accounts when items are presented for payment whilst the account is in excess of its overdraft limit and are returned unpaid (bounced) and a fee is charged. We do not believe that the term applies to other types of fee.

We believe that all our charges have been applied in accordance with the Terms & Conditions of your account, of which you have been given a copy. However, having reviewed the particular circumstances of your case and taking into account the ongoing OFT review, in order to resolve this matter we are prepared to refund the sum of £383 in Full and final settlement.

This reflects the difference between the amount of charges for unpaid items actually applied to your account and the amount of charges that would have been applied to your account if the charge had been £12 (being the amount that the OFT indicated was not unreasonable in relation to credit card default charges). This offer is time bound and is available until 1 August 2007. Please sign the enclosed copy letter to confirm your acceptance of this offer and return it to me in the envelope provided. On receipt, I will apply the agreed refund immediately.

You may have seen media reports that some banks have considered closing certain customers’ accounts where the customer has complained about bank charges. We would like to re-assure you that this is not our policy and if you do accept our offer of settlement, we will continue to operate your account. We will do so on the basis that you accept the terms and conditions of your account previously notified to you, and that charges will be applied in accordance with our current charging policy.

We would stress that as the OFT has not concluded its review, the offer of settlement contained in this letter is made on an entirely ex gratia basis and without any acceptance by us that £12 is an appropriate charge for returning an item unpaid.
Finally, where additional funds are required, it is always best to arrange overdraft facilities in advance, to avoid incurring fees on your account.

I look forward to hearing from you.

Yours sincerely

Alison Riley
Customer Services Manager, Current Accounts
I confirm acceptance of the offer detailed in this letter as settlement of this complaint."

Im thinking about posting this letter:

"

Re: Account number 510972187

Response to settlement offer.

Dear Alison Riley

Thank you for your letter dated 4th July 2007
I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £2260

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a county court claim if necessary.

My letter before action sent previously indicates that you had until 4th July 2007 to respond before Court action commences. I am willing to allow a seven day extension , however as stated in my letter dated 19th June 2007 I am willing to except a lower offer of £2000 out of court. I feel this is a fair settlement and represents good value for both parties. If I do not receive any correspondence within the next seven days I will commence court action.

I trust this clarifies my position.


Yours faithfully

C.Brindley"

Or should I not waste my time and start a claim with MCOL?

Hi BoroBrindo

I had the same letter from Alison Riley offering a paltry £91 even though my claim was for £850. not sure what to do yet as I have a few things to check that dont add up. let us know how you get on and good luck.

I got a letter back basiclly saying tough luck, if you dont like it complain to the financial Ombudsman. Ive been holding back on taking them to court as ive been a bit short lately im a postman and these strikes are begining to cost! Should I pursue it now or wait until the OFT outcome? Whats the best method MCOL or should I put a POC at my local court? Are Alliance and Leicester suspending all new claims at the moment?

I've been told today from their solicitors, that they are not making, or accepting any offers until after the Test Case. But I would advise to carry on with claiming your money back, regardless!
This site holds all the info you need, but its easy to get lost. Even if everything goes on hold, its better that you have already started your claim, rather than wait to start months down track.
Good luck, we all need it.
Kay X