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I have sent a letter to A&L (prelim dated 9/8) and over the weekend had a couple of letters from them requsting that I repay my overdraft and that they have withdrawn banking facilities! Yeah ok, I expected this, but it has nothing to do with my letter, they were doing this anyway.
They are taking me, and I am taking them too! I have called this morning to put my a/c into dispute, made an arrangement to pay back the overdraft monthly but also made the girl aware that I have requested my charged back.
She proceeded to tell me that the charges are valid because they are to clear cheques wrote when the balance wasn't available, some are some aren't.(I had £100 cq guarantee) Whilst I understand this, I do think the charges are harsh. Also there has been aprrox £50.00 per month made for overdraft charges. My prelim letter was to claim back £1004.00 plus anything else they add on since my letter!
With the cq thing, am I still in my right to claim this money back? Is it still unlawful or am I flogging a dead horse?
Any advice gratefully received.
heidi
I am not a legal expert, any advice I give is based purley on experience or opinion.
Please tip the scales if you feel I have helped you!!
Heidi........continue with the lba.....dont forget a charges schedule too
Of course they will deny the charges are unlawful !
If the 14 day prelim deacline has gone go to the next stage.
You are doing things right..........
If you need further help just ask.
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Heidi you should have a bet with him for a case of your favourite drink !!
I know who will be winning..............and it wont be him !!
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Heidi
If you get to the MCOL stage, and you probably will, don't forget to add any interest A&L charged on the money they took in unlawful charges to the total you are claiming before you calculate the 8% statutory interest.
Sorry if I'm "teaching granny to suck eggs" but it's often forgotten in the excitement.
Thank you, I am aware of the interest situation, but I'm stuck as to how to work it out. I have downloaded the open office suite and tried to download the spreadsheet, but it wont work!!
Do you know of an easy manual way I can do this?? :-?
Many thanks
Heidi
I am not a legal expert, any advice I give is based purley on experience or opinion.
Please tip the scales if you feel I have helped you!!
Thank you, I am aware of the interest situation, but I'm stuck as to how to work it out. I have downloaded the open office suite and tried to download the spreadsheet, but it wont work!!
Do you know of an easy manual way I can do this?? :-?
Many thanks
Heidi
For each charge that you are claiming back.
Count the days from the date of the charge being taken to the date you start the money claim.
Discover the rate of interest charged on your overdraft (assuming you are in overdraft and paying interest)
To calculate the amount of interest taken by A&L
Amount of charge X Interest rate X no of days / 365
Add interest calculated to the charge to get the basic amount of the claim.
e.g.
£35 charge taken on 1st Jan.
7% interest charged on overdraft
Money claim started on 3rd March
Days Jan – 31
Feb – 28 (not leap year)
Mar - 3
Total 62 days
Interest charged = 35 X .07 X 62 / 365
= £0.42 It doesn’t seem much but it adds up and it’s your money.
Amount to claim for this charge £35.42
Then add the 8% statutory interest
= (35.42 X .08 X 62 / 365) + 35.42
= £35.90
Do this for each charge you are reclaiming and then add them all together to get the amount of the claim.
Remember to add the paragraph about claiming interest until the date of payment or judgement.
I am not convinced that your calculations are correct Aitken Brotherston. I am not sure where you have got the 7% from, and the 8% can only be claimed at the Moneyclaim stage as this can be awarded by the court.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Thank you but I have already tried that, I dont run excel on my pc, and it wont work on the open office suite I have downloaded. I have requested an e-mailed copy via the forum, just awaitng a reply!
Heidi:?
I am not a legal expert, any advice I give is based purley on experience or opinion.
Please tip the scales if you feel I have helped you!!
I had the same problems early on and ended up with 5 different files :o
Sorted it in the end tho........I am sure you will too.
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you will need to install a copy of rebol/view for your OS REBOL Test Versions
and load up nano-sheets.r , after that you will see a standard
blank spreadsheet type layout and you can load up the sample .sht files to see how it looks.
once you try it you can then setup your sheet.
seeing as rebol view and the nanosheet rebol GUI script
is so small and portable accoss so many OS it might prove useful?.
perhaps one of the more techy people can make a generic template and point readers to it for their use ?, nano can save out as html for easy printing.
I am not convinced that your calculations are correct Aitken Brotherston. I am not sure where you have got the 7% from, and the 8% can only be claimed at the Moneyclaim stage as this can be awarded by the court.
The 7% was an assumption of the interst that bank would charge. It would be replaced in the calculation by the actual interest once it has been determined.
The 8% Statutory is for the county court claim but you have to include the 8% interest from the date the money was taken from the account to the date the claim is initiated or you will only get the interest from the date of the claim untill the date of judgement or settlement.
I missed out on that on the first small claim I issued. I have never forgotten since.
When you submit your claim through the court you can add on the 8% from the date of the original charge, but you cannot claim this until that stage as it is awarded at the discretion of the court. At the prelim and lba stage there is no court involvement so you cannot claim section 69 (8%) interest.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
I sent MCOL on 11/09, it was acknowledged last week (late on) so now sitting tight! They intend to defend claim in full, however the hx said that and 2 days later, the money was in my a/c!!
Will keep you all posted. Thanks for everyones help on this one, you've all been great!
Heidi
I am not a legal expert, any advice I give is based purley on experience or opinion.
Please tip the scales if you feel I have helped you!!
I personally didn't claim the interest the bank charged, as I felt it was a justified payment the bank could take out of my account as a result of my 'naughtiness'. It puts me on a massive moral high ground if ever I had to submit a defence. Afterall, I'm not going to begrudge the banks for taking what is a legitimate payment - it balances the equation. However, I did claim my 8% when it went to court!!
Dont forget the interest accrued as a result of charges which should not have been there.........But Each to their own and if you are happy with that, no one can say anything.
Its them who need the lesson on morals not you.!!
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Ok.... Ive been sat twiddleing my thumbs now for a bit too long??
They acknowledged my claim on the 14th Sep, am I being impatient?
The Halifax settled almost immediatley, whats taking them so long?
(sorry for any spelling mistakes, Just had laser surgery on my eyes on Saturday, THANKS HALIFAX BANK!!!!! , and still cant quite see my screen!)
I received a copy of the acknowledgement with intent to defend claim in full from the A&L, something I didn't get from the Halifax. Should I be worried, or am I being a typical whinging worrying woman??
Ta
Heidi x
I am not a legal expert, any advice I give is based purley on experience or opinion.
Please tip the scales if you feel I have helped you!!
Can I just ask...
and that they have withdrawn banking facilities! Yeah ok, I expected this, but it has nothing to do with my letter, they were doing this anyway.
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Originally Posted by heidi1
