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I will send the following letter tomorrow 2/7/7 - enclosing an updated schedule of charges and pre-dated Court Claim. I'll keep you all posted.
FINAL LETTER BEFORE ACTION
Dear Sir/Madam,
ACCOUNT NUMBER:
I am very disappointed that you sent me what appears to be standard letters in response to my letters to you of 1st June 2007 and 14th June 2007. (Copies enclosed)
I am also very disappointed that despite my letters you have continued to impose charges which are unlawful at Common Law and contrary to consumer regulations. (Please find enclosed an updated Schedule of Charges).
Pleased be advised that I WILL file the enclosed claim with the Bedford county court at 10am on Monday July 16th 2007 unless I receive a full refund of charges and interest as per my updated Schedule of Charges, in my account, or by cheque, by 0001 on Monday July 16th 2007.
Good luck As I'm sure you're already aware if you've been reading these threads, A&L do tend to take it as far as possible before they back down and settle.
Total charges, and interest I am looking to claim is £535.00
They have written offering £198 which i will not be accepting.
Here is text of letter:
Thank you for your letter requesting that we refund the fees and interest you have paid on your current account. theese fees form part of the T&C of your account and were generated because payments were presented for payment, for example cheques of DDs, when there were insufficient funds available.
As you are aware the 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 default charges on credit cards and similar charges applied to current accounts, however it recognises that the application of the the general principles set out in 2006 to the banking industry is not straight forward and that a more detailed explaination 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 this term applies to other types of fees.
We believe that all our charges have been applied in accordance with the T&C of your account, of which you have been given a copy. However having reviewed the particular circumstances of your case and taking into accouint the ongoing OFT review, in order to resolve the matter we are prepared to refund the sum of £198 in Full and final settlement.
The reflects the difference between the amount of charges for unpaid items aactually applied to your account and the amount of charges that would have been applied to your account if the charge has been £12 (being the amount the OFT indicated was not unreasonable in relation to credit card default charges). this offer is time bound ... [ etc... 1 month - please sign enclosed letter and we will aplly the refund]
You may have seen media reports that some banks have considered closing certain customers acconts where the customer has complained ahout bank charges. We would like to re-assure you that this is not our policy and if you do not accept out 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 accouint that were 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.
........
This is what I will send them tomorrow:
Response to settlement offer.
Dear Sirs
Thank you for your letter dated 5th July 2007.
I respectfully decline your offer of Full and Final settlement offer and request, once again, that you return to me all charges imposed on this account.
As I mentioned in my previous letter I will proceed with my claim at Bedford county court at 10am on Monday July 16th 2007 unless I receive a full refund of charges and interest as per my further updated Schedule of Charges (enclosed), in my account, or by cheque, by 0001 on Monday July 16th 2007.
This sounds like a bog standard letter of which both me and my son have received one a piece. A&L are notorious for taking it to the wire and beyond. I'm sure you've probably read about the court appearance they didn't make last week so be prepared for a long wait
HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed
HFC Bank Take 2 - Statements received
A & L - Prelim sent/LBA sent
Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent
A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected
Abbey (for my Sister) - ***Won***
Barclays PPI claim
Studio - ***Won***
HSBC - (for my brother-in-law) ***Won*** 8-)
Morning all, It's all a game to A&L (and the rest), we play by the (supposedly) right rules, they play by theirs. The longer we wait, the further down the pile we seem to slip. Where our cases are is important to us, to the bank's we are still being treated as an irritating nuisance. Why don't they just stop wasting money on solicitors and give OUR money back to us irritating nuisances?
Squarebob
Yes sorry to say you still have a long way to go - but it will be worth it.
Just keep watching those of you that are ahead of you and when they win that will give you a boost
jan
Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus
[IMG]http://www.consumeractiongroup.c o.uk/forum/images/icons/icon1.gif
offer from A&L 24/8/07 - after case stayed
"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery
Claim was issued on July 16th.
Have received a letter, dated July 23, similar to the one below, now offering £278, including the £80 court fee (ie they have NOT increased their original offer)
I am sending a nice letter back rejecting their offer.
Also today Received notice from Wragg & Co saying Alliance intend to defend case.