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.
I used to have my mortgage taken from an Alliance & Leicester account, then I arranged to have the mortgage taken from a different account. My mortgage lender assured me the direct debit had been changed. Unfortunately, it wasn't.
The direct debit was presented to A&L and I was fractionally short of funds. This caused me to go overdraft to the very modest sum of £2.69 (two pounds and sixty nine pence).
Now banks used to justify their £35ish charges saying it was to cover the cost of their letter. A&L had my postal address, my land line phone number, my mobile phone number, and my e-mail address but despite having four means to contact me, used none.
I didn't find out until my mortgage lender advised me of their mistake some three and a bit weeks later. When I checked my A&L statement I found they have charged me five pounds for everyday I was overdrawn. Since it took me twenty-four days to lean of the overdraft, they have charged me £120. One hundred and twenty pounds fine for being two pounds, sixty-nine pence overdrawn seems scandalous!
I had a letter from A&L in which they have sunk to governmental levels of spin, stating that the test case has found bank charges are legal, that they believe they have done nothing wrong, and if I go to the Ombudsman or the courts, they will block my complaint.
Am I right to think that all on-line action (via moneyclaim) is automatically stayed? Do I have to apply to my local court instead?
I understand I can ask the ombudsman to look at my complaint if there is hardship but who determines hardship and what is their definition?
ouch!! know the felling Ste, i got charged £95.00 for bein 94p overdrawn last month
I have used the templates from this site (thanks) and sent the letter before action, but just had a patronising reply about how the charges are legal (in A&L's opinion). The necessary time has elapsed, so I have moved to the next step and posted the particulars of claim to the court.
I had a letter the other week saying that I had a payment that took me over my overdraft limit, they had reviewed the payment and decided to authorise it and charge me £5 a day until I bring it back up to date.
I haven't seen the extra charges on my recent statement that would have been a whole months £5's, but if they authorised it then they should pay it, they have charged me thousands of fees so far so will be claiming them all back soon.
I had a letter the other week saying that I had a payment that took me over my overdraft limit, they had reviewed the payment and decided to authorise it and charge me £5 a day until I bring it back up to date.
I haven't seen the extra charges on my recent statement that would have been a whole months £5's, but if they authorised it then they should pay it, they have charged me thousands of fees so far so will be claiming them all back soon.
I don't understand this £5 per day overdraft charge. Has it always existed or has it been recently introduced? I wonder whether it was introduced in response to the judge's remarks in the test case; that overdrafts were a service banks could legitimately charge for? Even so, how can they justify charging £5 per day when I was only £2.69 overdrawn? Surely £2.69 is the maximum they could charge? It seems to em that these £5 per day charges are open to the same arguments as the £35 overdraft letter; it does not cost that much to the bank.
Its a newish thing for A&L, its been about 2-3 months since they changed their charges set up, it used to be £25 for the first day then £25 for the 5th day, so some months you could be charged £50 but back then there was a £10 max unauthorised buffer, so if you were £9.99 unauthorised overdrawn you wouldn't get any charges but they've stopped that now.
and yes i think this is their responce to people trying to claim back unfair charges which i think is worse because people are going to incur more charges this way.
I didn't think that they would be so petty minded to charge on such a small amount but how wrong i was!! i phoned and made an official complaint but they said the charge stands and i wont get a refund.
I sent my letters in ages ago ref my charges (now over £1,000) and they've written to me saying that because of the test case there is a stay in affect so they wont be refunding anyone until the case has finished.
I have a Halifax basic account (after suffering at the hands of A&L) with which there is no facility for an overdraft. I have, due to a mis calculation gone overdrawn twice but as both times were under £10 they have just written to say ... please put right but we are not going to charge.
They have been fantastic and I have always put money in on the day to put right.
I have my wages paid into a building society account and used Halifax to pay bills overthe last year and have finally got my finances straight.
Current accounts are not the be all and end all.
I complained to the fos about A&L and got compensation, there is still an outstanding balance that I owe but when they wrote asking for repayment I wrote back and said that as I had put in a claim for charges worth 3 times more than the outstanding balance I was not going to pay and please take me to court! haven't heard a word from them since.
Best of luck.
ANYBODY WHO NEEDS INFO ON YOUR LEHMANS MORTGAGE either SPML/PML/LMC/SPPL; the following are DIRECT tel#s, of the investigating & prosecuting organisations:
DO NOT say you are from CAG-only directly affected or a concerned citizen. 1. Companies House: Kevin Hughes(Compliance Manager-main) @ 02920 380 633 2. CH : Lee Jenkins(prosecuting Amany Attia for SPML/PML) @ 02920 380 643 3. CH : Mark Youde(accounts compliance) @ 02920 380 955 4. Companies Investigation Branch(CIB) : Charlotte Allan @ 0207 596 6108 (part of the Insolvency Service) investigating all the Lehman lenders 5. CIB : Jeremy Pilcher('unofficial'-consumer/company law) : @ 0207 637 6231
__________________ File YOUR 'Companies Investigation Branch'- CIB complaint online NOW!!!!
I think all the banks are upping the overdraft charges at the moment.
£120 was pretty high, but i was hit last week for £125 for bein £1.56 overdrawn from the Abbey. I did manage to get back £35 which was nice of them .
I seem to remember something on my statement last month - they're capping the charges now. Too little too late methinks....
THE PRETENDER AGENDA - August 30,2008 - 2ND ROW!!! WOO-HOO!!
THANK YOU SO MUCH FOR A FAB NITE LEE! xx
Sunderland 011008 - THE BEST BIRTHDAY PRESSIE EVER! 'Aww, it's your birthday! Happy birthday darlin!'
02 Apr 2008, 23:55
OfficialLeeRyan wrote:
i like that!! its simple and good and gets the fans involved aswell x x x
MY SUCCESSES -
1st Credit (Lloyds TSB) admitted no CCA, reply from OFT 130608, reply from FOS 040608, adjudication stage rejected but still no contact....
My mate (Littlewoods/Moorcroft)
300608 -Long running battle,threatening court, CCA letter NO 2 and harrassment letter sent - passed back to Littlewoods early July.
070808 - Passed to Debt Managers, Acct in dispute/BOG OFF letter sent 080808...
140808 - Letter from Debt Managers passing debt back to Littlewoods - RESULT!
I think all the banks are upping the overdraft charges at the moment.
£120 was pretty high, but i was hit last week for £125 for bein £1.56 overdrawn from the Abbey. I did manage to get back £35 which was nice of them .
Here's a re-cap and update of my story. I would be grateful for advice re. the stay:
Due to a direct debit that went wrong, my account with Alliance & leicester (A&L) went £2.67 overdrawn. That's two pounds and sixty seven pence.
A&L made no effort to contact me and so I did not learn of the debt until three weeks later. A&L have charged me £5 (five pounds) per day for being overdrawn. So for being £2.67 overdrawn, I have been charged £120 (one hundred and twenty pounds). This charge seems obscene to me.
I have written to A&L customer services who have replied that they consider the charge to be fair and legal.
A search on the internet found an address for A&L's legal department. I wrote to them and they replied that they consider the charge to be fair and legal.
I wrote to the Financial Services Ombudsman but they are postponing all complaints about bank charges pending the high court ruling.
I followed the advice on the website and filed at my small claims court.
A&L appointed some solicitors who have submitted a defence. Am I able to post the full text of their defence here or should I post that somewhere else?
The defence seems to be a generic defence as it does not mention my circumstances. It also contains an error. It claims A&L charge £35 when you go overdrawn and an additional £35 if the debt remains after fourteen days. In my case there were no £35 penalties; I was charged £5 per day for every day of the debt. Is this error significant? What should I do about it?
I received a letter from the court stating that the case has been stayed pending the high court ruling. Again, I have the full text if I am allowed to post it here? It too contains an error and says that the case is pending a hearing in Feb 2008; does it mean Feb 2009?
What should I do next? It does seem unfair that all action has been put on hold. Cases should be judged on the law in 2008 as the cases arise, not put on hold until the banks can coerce more favourable legislation in the future!
I used to have my mortgage taken from an Alliance & Leicester account, then I arranged to have the mortgage taken from a different account. My mortgage lender assured me the direct debit had been changed. Unfortunately, it wasn't.
Is this not the mortgage companies fault if they claimed from the wrong account, should you not be able to claim your charges from them?
To be on the safe side cancel your DD as well.
Me A&L - Overdraft / Charges On Hold £300
Mum v's the DCA NatWest. No CCA - For around 6 months no DCA has chased for this amount MBNA. No CCA - First Court Claim Panicking. Just about to start the small claims Lloyds TSB. Overdraft / Charges On Hold Waiting for test case
Sister Halifax - No CCA. Keep getting the man and his dog chasing, again the 'go away' letter is sent M&S - Have CCA. Nothing for 2 years from anyone?! Argos - No CCA or DCA involved for over 2 years now Next - No CCA or DCA involved for over 2 years now
4 x Others accepting token payments of £1 as CCA in place.
A&L charge £120 for being £2.69 overdrawn!
taken from an Alliance & Leicester account, then I arranged to have the mortgage
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Re: A&L charge £120 for being £2.69 overdrawn!
now is the time for A&L
Originally Posted by Chard76
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Re: A&L charge £120 for being £2.69 overdrawn!
