Thread: lindy 123 v A&L

Hello everyone!
A&L have replied to my second letter requesting refund of £3000+ charges, they have refused claiming the OFT ruling applies to credit card payments and NOT to current accounts.
I notice that their reference on the letter is XXXX/UNFAIR2, they must be churning these out at a rate of knots!
The next step is the threat of court action presumably - I must admit I am a little worried about it. I'm going to read as much on here as possible before I take the next step.
We have opened an account with Abbey National and that is ready to activate, should A&L close our account.
Thanks to everyone for their support and advice.
Good luck to you all!

Hi there

This looks like the same letter they sent me i.e. only applies to credit card payments etc.. The only advice I can give is keep going it'll be worth it in the end. I've already successfully claimed against First Direct and Beneficial.

Kind Regards



Alan


ps now back to the Alliance & Leicester!!

I have found so many different templates for the particulars of claim and am getting very confused.

If anyone can help with exact wording to claim fees, interest and court fees I would be very grateful - I also need to know how to request payment by cheque.

Thanks and good luck to you all.
Lindy

This should fit,but may need tweaking:


Claimant has account (A/C No) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount claimed) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.
In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount claimed x 0.00022).

Court fees areadded automatically. When they offer to settle insist on payment by cheque.

I was so worried about having to take this step but I have done it!
I have claimed online for £3186.60 + £120 court costs - had to use my credit card of course as I have no money in the bank to spare. How ironic that if the banks didn't penalize the ordinary person who goes to work every day to pay their mortgage and feed their children that we probably wouldn't be in the position we are now.
New bank account open and ready to activate as soon as A&L tell me to take a hike.
Fingers crossed I will be in credit for the first time in years very soon.
Thanks to everyone on this site and others for their help, advice and encouraging stories.
Good luck to you all ;-)

I received the same letter today, so it is just a standard response. They are hoping that we will all be good little children and go away when told we can't have an ice cream lol

Seriously the next step is to send a letter before action. Printed mine up 2 days ago ready to send on saturday when their 14 days deadline expires, along with 2 to MBNA and one to Capital One.

Keep reading everything on the site so you have a clear picture in your mind of each step and what your trying to achieve. Also stick to youyr deadlines. Remember that they are totally in the wrong and your now calling the shots.

tamadus

Hello everyone!
I am claiming over 3k from A&L and just received acknowledgement from them that they are going to defend my claim in court.
I am so buoyed up by what I have read so far that I am not worried about it - I was terrified when I sent my first letter but have gained strength from the positive messages to me and others.
My situation is like everyone elses on here - working people who have their salary eroded every month by these penalty charges. We have two salaries, a mortgage, 2 children etc and by the time I get paid on the 25th of the month we will usually have been charged 3 times for failed DDs etc. So payday for me is losing a third of my pay. Then husband gets paid on 14th of the month and 800 overdraft plus additional charges takes over half of his take home pay. We just cannot dig ourselves out of this hole.
The only time we've had positive attention from A&L was when we remortgaged the house and for a few weeks we had a healthy bank balance before paying off credit cards etc.
I have a parachute account - full bank account with credit card, debit card and overdraft of 1200 if we want it. Everything is in place for when A&L pay up (hopefully) and close the account, which I understand is what the banks are doing.
So I like so many others wait with bated breath for the next chapter in the fight against these money grabbers.
By the way I do think that if the charges were nearer 12 quid I could handle that as 36 pounds a month is better than 100+ and I am sure that we would all be in a better position to try to get out of the red.
Anyway good luck to us all.
Big heartfelt thanks to those who have created the templates and given help and support to people like me who wouldn't have a clue without them.
Hopefully soon I will be added to the successful cases list and have some money in the (new) bank for a change!
Sorry for the long long hello!
Lindy

Got a letter this morning from A&L with cheque refunding £3,325.74 Full and final settlement for charges, everything I asked for charges, interest and court costs. FANTASTIC!!!

I was so worried about claiming and especially when it got the moneyclaim stage but with the help and support of everyone here I won through.

It is daunting starting a fight against such opposition but only the posts from other members, the success stories but of course feeling that you're not alone is so empowering.

Thank you and good luck to you all in your fight - we can beat them if we stick together!

Lindy

Congatulations.

PM a mod with details for LItgation Concluded and please fill in bank survey.... and maybe a donation.

Well done .enjoy the dosh!

Yeah im would also like to know that, A&L have acknowledged my claim but say they are going to defend it, wanted to know how long u had to wait after filing till you got your cheque

NinjaWiz

Hi Lindy Well done

Just in the process of initiating claim. Did you have to go to court to get your money?

nice one well done enjoy the money!

Great news lindy. Another one bites the dust. Enjoy the money and the feeling of rightfully winning back what should never have been taken.

It is so satisfying when ever anyone gets refunded. Spurs us all on. Well done, enjoy your cash!!!! Roll on next week when time is up and I can send in my money claim!!!

I agree Holte, and I have a feeling this is only the start. The consumer revolution has begun and will continue onto other things when the Banks become banks again instead of money trees fed and watered by us the consumer.

I can see petrol and utilities coming next in the queue for a taste of consumer revolt. lets face it the Oil companies make billions on petrol which is only a waste product from the refining process. The cost of crude shouldnt have such a shattering effect on a waste product.