Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Results 1 to 6 of 6
  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Steve_T Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2007
    Posts
    42

    Default A & L Getting Shirty

    I successfully reclaimed over £3k from Barclaysicon even though they took it right to the wire. A&L was to have been my parachute accounticon but it wasn't needed. So I've used the A&L account a little and not had any probs.

    However it's now got totally out of hand. Last month they charged me £5 a day for 2 days because I was "Technically overdrawn". I was not. I banked a £200 cheque and spent sums of £57 and £35 but this was 2 days before the cheque cleared. My account showed a ballance of £217 and the cheque did not bounce. I was never at any time in reality overdrawn.

    Then on Hol I withdrew some Euros knowing I had over £70 (£77) in my account. I got it wrong and withdrew £92. - They slapped on a £25 charge making me even more overdrawn.

    I returned home to be told I was £47 overdrawn so I deposited £50. They immediately slapped on 3 days @£5 unauthorised overdrafticon and made me overdrawn again. They tell me they'll be taking £125 on 21st of august for all the days THEY caused me to be overdrawn.

    I told them

    1) In the first instance of the £10 I was never overdrawn
    2) an ATM should be like a piggy bank. If there is only £77 in your account that's all you can get -these things are computers - should be easy to do
    3) I said to allow me to draw more than I had in my account from an ATM and then charge £25 was much like entrapment.
    4) They caused me to go back into overdraft and then cheerfully chaged £5 a day without telling me. They could have afforded a second class stamp.
    5) I pointed out these were a penalty not a charge as they were performing no kind of service for me.

    I spoke to 3 different people who were all singing from the same hymn sheet. The must have all had staff training. They were aggressive and rude and quoted the "terms and conditionsicon" mantra over and over.

    I went intoday and paid £12.68 making my ballance £0.00

    I am now writing to them asking them to close the account. They will probably refuse in order to keep the account open to apply the charge of £125 which will then attract a charge of £5 a day (till it bankrups me ?) I have pointed out that this is irresponsible, unconciencable and maybe illegal. If push comes to shove I'll go in and pay then £125 and tell them to stick it. Why are these people such ****s and fail to recognise a a sensible and reasonable argument.

    Similar Threads:

  2. #2
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2007
    I am in
    West Midlands
    Posts
    4,737

    Default Re: A & L Getting Shirty

    You might as well tell them that you will reclaim all charges, you could start the claim now, we all know the banks will loose.

    Advice is based on my personal opinion, and what I have learnt from this forum.
    If you need legal advice please consider consulting a lawyer.


  3. #3
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Steve_T Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2007
    Posts
    42

    Default Re: A & L Getting Shirty

    Andrew - I was hoping to just walk away from it. The Barclaysicon fight, although we won was more than enough for me. I thought we'd seen the last of these charges because on the odd time we get one, my wife calls Barclays and tells them to refund us and they always do.

    No such luck with A & L. Despite my asking them to close the account and NOT apply the ridiculous £125 they ignored me and applied a £125 charge to a zero balance account on 21st Aug making me once again overdrawn (£125). We went in to see the Bank manager as we were going away and with the bank holidayicon coming up we would attract another £25 charges by Tuesday. I say "Bank Manager".- she was little more than a shop assistant and had to call head office herself who then got shirty with her and cited the "terms and conditionsicon" mantra.

    We we're obliged to "borrow" £125 (credit card) to bring the account back to Zero otherwise face rising charges and possible bad credit rating. However we were still unable to close the account as further charges are waiting to go on in September. It looks like we will eventually get Charged £160 for going £12 overdrawn.

    I've now had a letter saying that they will deal with my "complaint" after the current "test case" which might take a year. They say that if I submit a claim they will apply to the court for a stay of hearing until the current test case is heard.

    I was going to attach a PDF of this rather long letter as itmay be quite informative to others going though the process. However, I can't see how to do that. If a Moderator would like to request this document I will send it on.


  4. #4
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    sea-sidelady Authoritative sea-sidelady Authoritative sea-sidelady Authoritative sea-sidelady Authoritative sea-sidelady Authoritative sea-sidelady Authoritative sea-sidelady Authoritative sea-sidelady Authoritative sea-sidelady Authoritative sea-sidelady Authoritative sea-sidelady Authoritative sea-sidelady's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2006
    I am in
    Lancs
    Posts
    9,531

    Default Re: A & L Getting Shirty

    It sounds like it is the standard letter they are sending out, as are most banks now. Our advice is always carry on with your claim. Whether it is £1 or £1,000, it is still YOUR money. And for the way you have been treated you could put a complaint in with the fosicon.

    Financial Ombudsman Service


  5. #5
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Steve_T Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2007
    Posts
    42

    Question Re: A & L Getting Shirty

    Thanks for the link Sea-Sidelady. I will indeed pursue this to the bitter end but up to now I had not been making a claim. I simply wanted them to stop slapping escalating charges on. I think I shall complain fosicon their treatment of me. Clearly they are able to stonewall any financial claims and offset them for possibly a year. If in the first instance I do not claim any money back but complain about their behaviour I might get in under the radar.


  6. #6
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Steve_T Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2007
    Posts
    42

    Default Re: A & L Getting Shirty

    it goes on and on

    letter posted to Alliance and Pester today tells all




    16/09/200


    Alliance and Leicester
    Customer Service Centre
    Bootle
    Merseyside
    G1R 0AA

    Dear Sir,

    I wish to complain about the really stressful day your bank needlessly caused me yesterday by inefficiency and ignorance.

    I received my statement number 27 which told me I was to be charged £35 on 20th September. As we are to be on holidayicon from the 16th to 23rd I went into the Middlesbrough branch on Saturday 13th September and deposited £35. I had a great deal of trouble depositing this money and they were not going to accept it until I insisted because I knew I would return from holiday to find your appalling £5 per day charges still going on.

    Because of the uncertainty of this deposit and the handwritten receipt I was given I called Customer services on Monday to ascertain that everything was in order so I could go on Holiday with a degree of peace of mind. I say this because since my holiday in July when I went £12 overdrawn you have charged me nearly £300 and locked me into a loop of despair that I can not escape from. I made a total of 4 calls to your call centres yesterday and was told something different each time. I must say that in general your call centre staff are pugnacious, combative and rude.

    Call number 1

    Made at 11.20 am aprox 15/09/2008. It was confirmed that my £35 had been received but that there was a further £50 to come off in charges. I sought an explanation for this but none that I could decipher was given. The operator then recalculated this figure to be £45. I was then obliged to go and teach 30 unruly children with this worry and concern of being in your loop of despair forever. Indeed, I could not function in my job properly and sought permission to go home early.

    Call number 2


    3.30 am aprox 15/09/2008
    On arriving home I made another call. I was told I was £33.50 overdrawn and that if I did not put £35 into my account to meet the charge planned for September 20th then I would once again be charge £5 per day ad infinitum which concerned me a great deal as I will be on holiday on the 20th. I could not understand how I could be overdrawn as I had met all the charges demanded of me. I said I had already made the £35 payment in preparation for September 20th. This operator was particularly pugnacious and rude and I wish you to seek him out and reprimand him. Not only was he pugnacious and rude but it appears he may also have been fundamentally WRONG no matter how assertive he was that he was correct. He pointed out that I had been talking to him for 13 minutes and that he had repeated himself several times. I pointed out that what he was telling me was irrational which was why I was questioning it and that I could not understand what was going on which was why I was wishing to have it explained to me which he spectacularly failed to do. I also pointed out that his assertions differed from his colleague of call number 1 hence my confusion. He concluded that it might be a good idea to deposit £50 to be on the safe side. I concluded that Alliance and Liecester were in the process of leaving me penniless whilst I was going on holiday.

    The Middlesbrough Branch

    My wife and I then went to the Middlesbrough branch who were no help at all. They could not tell us anything. They could not see the £35 paid in on Sept 13th at that branch showing up on our account. We were obliged to go out into the street and call customer services once more.

    Call number 3

    This was a brief call made around 4.30. The operator told me that I was £33.50 overdrawn. I said that this could not be, the account was inactive. She said that a charge of £35 had gone out of my account on September 5th. Against my wifes wishes I got my hands on a further £35 and deposited this in the same sloppy fashion that I had done on the 13th (hand written receipt.) By this time my wife and I were really stressed out and I was coming close to causing a breach of the peace in your Middlesbrough Branch.

    Call number 4

    I returned home and made this call around 5.30. The operator who was polite and helpful was Rebecca Haynesworth in the Leeds call Centre who consulted her supervisor Adrian Booth. She started by saying there were insufficient funds to meet the Sept 20th charge. When I questioned this she said that I had been rendered £33.50 overdrawn by a charge of £35 levied on September 5th. I said I knew of no such charge, my statement no 26 showed a charge of £125 going out on 21st August (which I paid) and statement no 27 shows a charge of £35 to go out on September 20th. She told me that because I had sought to close the account that the September 20th payment of £35 had actually been taken on September 5th rendering me £3.50 overdrawn

    Why did you take this payment on September 5th? You had no right to do so – your statement states that it will go out on September 20th for which I have made adequate provision.

    I calculated that I could expect a charge of £35 7 days @£5 per day from September 5th when you took this money till 13th when I deposited £35 in preparation for the September 20th charge. Ms Haynesworth told me that I would not be charged for being overdrawn from the 5th and that the account would be closed and that my second payment of £35 effectively put me in credit to the tune £36.50 and that a cheque would be sent to me. I told her that from experience I did not believe her which is why she game me her name.

    I do not wish to return from holiday to find that you are charging me more and more. I want the account closed and a cheque for £36.50 as promised/

    When I return I intend to complain to the Ombudsmanicon about your appalling treatment of me. This is not a complaint about bank charges an will therefore not be offset to some time in the distant future.

    On the other hand I do want all these charges over the past 3 months in view of your appallingly poor efficiency and treatment of me and my wife. These charges have arisen from effectively being £10 overdrawn.

    21 June £10 for being “technically” overdrawn when I was not overdrawn at all
    2 July £25 for allowing me to draw £20 more than I had from a Greek ATM (effectively £10 in view of the item above)
    20 July £15
    21st August £125
    20th September £35 (or is it 5th of September or Both £35 X 2 = £70)

    Notwithstanding your “terms and conditionsicon” which I never actually read or took legal advice over or the “Test Case” currently ongoing it is within your power to make this refund on a discretionary basis in view of all I have said above. I urge you to do so. When you do or do not I shall be making the complaint to the Ombudsman mentioned above and if you do not you have my assurance that I shall pursue a claim through the courts.



Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE