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After reading some of these threads with regards to claiming back fees from A&L I must admit that they do what he banks intend to and scare you. I have done all the letters and have now got to the point where I need to decide if I have the courage to take it to court.
But I have just read an article in the Independent where a Judge attacks the banks for delaying lawsuits. At the end it suggests that you take your complaint to the fos as so far all cases have been settled.
Is anybody able to tell me the pro’s and con’s of doing this as the service is free and it must be a lot less stressful.
Hi Swampy,
I read your post with interest (no pun intended! LOL).
I have been down the court routes a number of times and find it very costly. I have heard of a few people attempting to use the fos and I will be using this route on my next A&L claim (preliminary letter ready to go!).
The FOS is quite busy ATM (suprise, suprise) however, when I have spoken to them previously about an unrelated matter, and mentioned bank charges to them, they seemed VERY interested!
I will start a thread once I have posted the Prelim letter and am going to try the FOS route, after all, the standard letters which the banks send to us, tell us to go to the FOS if they have not satified our complaint!!!
Good luck
Red
Its the county court for me Red !! I can't comment at all on the fos.
The pro'sfor me in using the County Court (MCOL service for me) are..............
1. Its simple and easy to access when you use the CAG websites tried and tested methods.
2. All the help and guidance needed to get a claim started is on the CAG forums and links!!!
3. All the help and guidance needed to continue your claim to its conclusion is on the CAG forums and links.
4. It is gratifying to do it yourself, just look at the winning threads and the happy, grateful comments left on them after the claimants receive their cheques for Full and final settlement. MY BANK HAS BEEN UNLAWFULLY TAKING FUNDS FROM MY ACOUNT FOR 12 YEARS !! I will take great satisfaction if my claim is successful
5. The hours spent studying/preparing, are spread over many months and so they have less impact on your life. It could be become a full time job otherwise.
The consin using the CC system (MCOL service) are............
1. It takes a lot of resources to get through the whole small claims process. The financial resources that you spend along the way re court fees are part of your claim and will be refunded if and when your claim is successful. Any other wasted costs that claimants have, may be reimbursed to them through a "wasted costs court order" by the judge.
The other resources are your time and effort!! This is where you have decisions to make, I have devoted a lot of man hours in this process and had a few scary or desperate moments............but who always pops up, another helpful CAG member to quash the fears.
2. For most litigants in general, it is now seems to be quite a long drawn out affair. All the banks have different ways of carrying out their business re this reclaiming process that their customers have embarked on. The A&L have their own way. You have to have some stamina for this and be prepared to do homework to give any claim its optimum chance.
I don't know much about fos, apart from reading time and time again that it can take a lot longer to get your money due to the fact they're (understandably) extremely busy
Personally, I agree with bsia666 above and would "go it alone" every time, BUT you have to have the time and patience to see it through to the end. Being a litigant in person means LOTS of research/reading/preparation of letters, etc., but you have everyone behind you, a stack of information on this site and a wealth of knowledge and experience from everyone on this forum.
It's one hell of a learning curve but, in my view, it's worth every minute to get your due reward in the end.
I have successfully won three cases through the courts, and it is lots of preparation and research - agreed. My thoughts about the fos followed on from the recent spate of cases being struck out, and the uncertainty of whether the same thing could happen. My first case last year (and the biggest) was started in April and settled one day before the court hearing in August. So still quite a long wait!, but I cannot comment on waiting times for the FOS.
And my comments/feelings are certainly nothing detrimental against the fabulous and proven work that the CAG do/ are doing.
Red
FOS or Court
as so far all cases have been settled.
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